Documents annexed to the Argument of Costa Rica

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I

Costa Rfca-Panama Arbitration

DOCUMENTS

annexed to the

ARGUMENT OF COSTA RICA

BEFORE THE

ARBITRATOR

HON. LDWARD DOUGLA55 WHITL

CHIEF JUSTICE OF THE UNITED STATES

UNDER THE

PROVISIONS OF THE CONVENTION BETWEEN THE REPUBLIC OF COSTA RICA

AND THE REPUBLIC OF PANAMA, CONCLUDED MARCH 17, 1910.

VOLUME II.

1913.

The Commonwealth Co., Printers,

RossLYN, Va., U. S. a.

M..-X.

MA. 17 1921

-a

Fundamental Law of the Republic of Colombia. Doc. 241

1819.

The Sovereign Congress of Venezuela, whose authority has been
voluntarily recognized by the people of New Granada, liberated
by the arms of the Republic, considering —

1. That the provinces of Venezuela and New Granada, united
in a single Republic, possess all the requisites for attaining the
highest degree of power and prosperity;

2. That if formed into distinct republics, and even united by
the closest ties, far from profiting by their great advantages,
they could with difficulty give stability to, and command respect
for, their sovereignty;

3. That these truths, being deeply impressed on the minds of
all men of superior talents and sound patriotism, have determined
the Governments of the two Republics to agree upon their Union,
hitherto obstructed by the vicissitudes of war; actuated by neces-
sity and mutual interest, and conforming to the report of a special
committee deputies from New Granada and Venezuela,

In the name and under the protection of the Almighty they
have decreed, and do hereby decree, the following fundamental
law of the Republic of Colombia :

Article: 1. The Republics of Venezuela and New Granada are
henceforth united in one, under the glorious title of the Republic
of Colombia.

2. Its territory shall comprehend the former captain-general-
ship of Venezuela and the viceroyalty of New Granada, compre-
hending an extent of 115,000 square leagues, the precise limits
whereof shall be fixed hereafter.

3. The debts contracted separately by the two Republics are
hereby consolidated as a national debt of Colombia, for the pay-
ment of which all the property of the State is pledged and the
most productive branches of the public revenue shall be appro-
priated,

4. The executive power of the Republic shall be vested in a

President and in case of vacancy, in a Vice-President, both to be
provisionally appointed by the present Congress.

5. The Republic of Colombia shall be (pro tem) divided into
the three great Departments of Venezuela, Quito, and Cundina-
marca, comprising the Provinces of New Granada, which denomi-
nation is henceforth abolished; and their capitals shall be the
cities of Caracas, Quito, and Bogota, the adjunct Santa Fe being
annulled.

6. Each Department shall have a superior administration, w^ith
a chief, to be appointed for the present by the Congress and en-
titled a Vice-President.

7. A new city, to be called Bolivar, in honor of the assertor
of the public liberty, shall be the capital of the RepubHc of Colom-
bia; its plan and situation to be fixed on by the first General Con-
gress upon the principle of adapting it to the exigencies of the
three Departments and to the future grandeur to which nature
has destined this opulent country.

8. The General Congress of Colombia shall assemble, on the
1st day of January, 1821, in the town of Rosario de Cucuta, which
from various circumstances is considered the most eligible situa-
tion. It shall be convened by the President of the Republic on
the 1st day of January, 1820, who shall communicate such regu-
lations concerning elections as may be formed by a special com-
mittee and approved by the present Congress.

9. The constitution of the Republic of Colombia shall be formed
by the General Congress; to which shall be submitted, in the
form of a plan, the constitution decreed by the present Congress,
which, together with the laws enacted by that body, shall be pro-
visionally carried into execution.

10. The arms and flag of Colombia shall be determined on by
the General Congress, and in the meantime those of Venezuela,
being most known, shall continue to be used.

11. The present Congress shall adjourn on the 15th of Janu-
ary, 1820, after which the new elections to the General Congress
of Colombia shall be made.

12. A committee of six members and a President shall replace
the Congress, whose particular powers and duties shall be regu-
lated by a decree.

13. The Republic of Colombia shall be solemnly proclaimed
throughout the towns and armies, accompanied by public festivals
and rejoicings, and this ceremony shall take place in the capital
on the 25th of the present month, in commemoration of the birth
of the Saviour of the world, through whose especial favor this
wished-for union, regenerating the State, has been obtained.

14. The anniversary of this political regeneration shall be per-
petually celebrated with the solemnities of a national festival,
at which, in imitation of the Olympia, premiums shall be adjudged
to citizens distinguished by their virtues and their talents.

The present fundamental law of the Republic of Colombia
shall be solemnly promulgated throughout the towns and armies,
inscribed on all the public records, and deposited in all the archives
of societies, municipalities, and corporations, both clerical and
secular.

Given at the Palace of the Sovereign Congress of Venezuela,
in the city of St. Thomas de Angostura, on the 11th day of De-
cember, in the year of our Lord 1819, ninth of independence.

Francisco Antonio Zea,
President of the Congress.
Juan German Roscio Diego Bautista Urbane j a

Manuel Sedefio Juan Vicente Cardoso

Juan Martinez Ignacio Mufioz

Jose Espana Onofre Bazalo

Luis Tomas Poraza Domingo Alzuru

Antonio M. Bricefio Jose Tomas Machado

Eusebio Afandor Ramon Garcia Gadiz

Francisco Conde
Diego de Vallenii^la,

Deputy and Secretary.

Fundamental Law of the Union of the People of Colombia, Doc. 24a

1820-2L

1820-21.
We the Representatives of the People of New Granada and
Venezuela, in general congress assembled, having carefully con-
sidered the fundamental law of the Republic of Colombia, passed
by the Congress of Venezuela, at the city of St. Thomas of An-

gostura on the 17th day of December, A. D. 1819, are of opinion —

1. That united in one republic the Provinces of Venezuela and
New Granada possess all the means and faculties necessary to
place them in the most elevated state of power and prosperity ;

2. That constituted into separate republics, however closely
bound by the ties of union, they would find it difficult to give
stability or induce respect for their sovereignty;

3. That, deeply penetrated by these advantages, all men of
superior intelligence and distinguished patriotism, have declared
that the Governments of the two Republics should form a union,
which the vicissitudes of war have hitherto prevented;

4. Finally, that the same considerations of reciprocal interest,
and a necessity most manifest, had made it obligatory on the
Congress of Venezuela to anticipate this measure, which has been
proclaimed in the most authoritative manner, by the unanimous
votes of the people of both countries, in the name and under
the auspices of the Supreme Being they have decreed, and do
hereby decree, the solemn ratification of the fundamental law
of the Republic of Colombia, which has been before mentioned,
in the following manner:

Article I. The people of New Granada and Venezuela, being
united in one national body, founded on a compact, which de-
termines that the Government is now, and shall forever be, popu<
lar and representative.

Article IL This new nation shall be known and denominated
by the title of the Republic of Colombm.

Art. III. The Colombian nation is, and shall forever be, irre-
vocably free and independent of the Spanish Monarchy, and of
every other foreign power or domination ; nor shall it ever be the
patrimony of any family or person.

Art. IV. The supreme national power shall always be sepa-
rately exercised, and divided into legislative, executive, and ju-
dicial.

Art. V. The territory of the Republic of Colombia, shall com-
prehend all that was within the limits of the ancient captain-
generalship of Venezuela and the viceroyalty of New Granada:
but reserving for a more suitable time their precise demarcation

Art. VI. For the advantageous administration of the Repub-

lie, its territory shall for the present be divided into six or more
Departments, each bearing a particular name, with a subordinate
administration dependant on the National Government.

Art. VII. The present Congress of Colombia shall form the
constitution of the Republic, in conformity with the principles
here expressed, upon those liberal principles which have been
consecrated by the wise practice of other free nations.

Art. VIII. They recognize in solidum, as the national debt of
Colombia, all the debts which the two people have separatelv
contracted, and for which they make responsible all the property
of the Republic.

Art. IX. The Congress shall, in the mode that may be found
convenient, appropriate the branches most productive of the
public revenue, the taxes, and shall create a special sinking fund
for the redemption of the principal, and paying the interest of
the public debt, duly verified and liquidated, according to law.

Art. X. In more favorable circumstances, there shall be erected
a new city, with the name of liberator Bolivar, which shall be
the capital of the Republic of Colombia. Its plan and site shall
be determined by Congress, founded on the principle of accomo-
dation to convenience of the different parts of this vast territory
and the grandeur to which this country is destined by nature.

Art. XI. Meanwhile, until Congress shall establish the distinc-
tive insignia and the flag of Colombia, the actual flags of New
Granada and Venezuela shall be continued in use.

Art. XII. The ratification of the establishment of the Colom-
bian Republic, and the publication of the constitution, shall be
celebrated in the towns and in the armies with festivity and pub-
lic rejoicings, making known in all places the solemnity of the
day on which the constitution is promulgated.

Art. XIII. There shall be perpetually a national festival for
three days in each year, upon which shall be celebrated the anni-
versary—

1. Of the emancipation and independence of the people of
Colombia.

2. The union in one Republic and the establishment of the
constitution.

3. To those great triumphs and splendid victories by which
we have conquered and secured these blessings.

Art. XIV. This national festival shall be celebrated every
year on the 25th, 26th, and 27th of December, consecrating each
day to the special remembrance of one of those three glorious
causes, and in particular to that of the virtues, the intelligence,
and the services rendered to the country.

The present fundamental law of the union of the people of Co-
lombia shall be solemnly promulgated in the towns and in the
armies, inscribed on the public registers, and deposited in all the
archives of the cabildos and corporations, civil and ecclesiastical,
and shall be communicated to the Supreme Executive Power by
a special deputation.

Done in the Palace of the General Congress of Colombia, in
the town of Rosario de Cucuta, the 12th of July, A. D. 1820,
twelfth year of independence.

Jose Ignacio Marquees,

President.
Antonio M. Briceno,

Vice-President.

Feliz Restrepo, Manuel M. Quijano, Pedro F. Carbajal, Jose
Cornelio Vallacia, Casimiro Calvo, Miguel Ibanez, Fran, de
Orbegozo, Carlos Alvarez, Diego F. Gomez, Lorenzo Santander^
Juan B. Esteves, Jose Antonio Yanez, Andres Rojas, Bernar-
dino Tovar, Jose Antonio Paredes, Gabriel Briceno, Luis Ig-
nacio Mendozo, Joaquin Plata, Jose Prudencio Lanz, Jose
Manuel Restrepo, Francisco Jose Olero, Miguel Tobar, Jose
Joaquin Borrero, Salvador Camacho, Jose A. Mendoza, Vicente
Azuero, Nic. Ballen de Guzman, Sinforoso Mutis, Domingo
B. Briceiio, Jose Felix Blanco, Ildefonso Mendez, Jose Gabriel
de Alcala Miguel de Zarraga, Vicente Borrero, Francisco
Gomez, Pedro Gual, Mariano Escobar, Miguel Pefia, Alejandro
Osorio, Diego B. Urbane j a, Fernando Pefialver, Policarpo Uri-
coichea, Francisco Conde, Jose M. Hinestrosa, Manuel Reniles,
Cerbellon Urbina, Ramon Ignacio Mendez, Juan Ronderos, Jose

Ignacio Balbuena, Joaquin Fernando Soto, Pacifico Jaime.
The Deputy and Secretary,

Miguel Santamaria.
The Deputy and Secretary,

Francisco Soto.

7
Manifesto of General Itnrbide.

Iguala, February 24, 1821.

Article 1. The religion of New Spain is, and shall be, the
Roman Catholic Apostolical, without tolerating any other.

2. New Spain is independent of Old Spain, and of every other
Power, even on our continent.

3. Its Government shall be a moderate monarchy, according
to a constitution peculiarly adapted for the empire.

4. Ferdinand VII. shall be Emperor ; and if he does not come in
person to Mexico to make oath before the Cortes within the time
prescribed by them, the most serene Infante Don Carlos, Don
Francisco de Paula, the Archduke Charles, or some other branch
of the reigning family, shall be appointed in his place by the Con-
gress.

5. Until the meeting o^ the Cortes, there shall be a Junta
which shall have their union for its object, and the compliance
with this plan in its whole extent.

6. Said Junta, which shall be styled Governmental, must be
composed of the deputies mentioned in the official letter of the
viceroy.

7. Until Ferdinand VII's arrival in Mexico, and his taking
the oath, the Junta will govern in the name of His Majesty, in
virtue of the oath of fidelity taken by the nation; but until His
Majesty hath sworn, any orders he may give shall be suspended.

8. If Ferdinand VII should not deign to come to Mexico, the
Junta or Regency shall govern in the name of the nation, until
it be resolved who shall be crowned Emperor.

9. This Government shall be sustained by the army of the
three guarantees, of which mention shall be made hereafter.

10. The Cortes shall resolve whether the Junta shall continue,
or a Regency be substituted in its place, until the arrival of the
person who is to be crowned.

11. The Cortes shall immediately establish the constitution
of the Mexican empire.

12. All the inhabitants of New Spain, without distinction of
Africans, Europeans, or Indians, are citizens of this monarchy,

8

with eligibility to all employments according to their virtues or
merits.

13. The persons of every citizen and his property shall be re-
spected and protected by the Government.

14. The clergy, secular and regular, shall preserve all their
privileges and pre-eminences.

15. The Junta shall take care that every branch of the state
remain without any alteration, and all the officers, political and
ecclesiastical, civil and military, on the same footing as at pres-
ent. They alone shall be removed who decline entering into this
plan, substituting in their place those persons who are most dis-
tinguished for their virtue and merit.

16. A protecting army shall be formed, under the title of the
three guarantees, because it takes under its protection, 1st: The
preservation of the Catholic religion, co-operating, with all its
efforts, that there may not be a mixture of any other sect, and
attacking all the enemies who may injure it; 2d : The independence
under the system already manifested; 3d: The intimate union
of Americans and Europeans, guarantying such fundamental
bases of the felicity of New Spain. Each individual, from first
to last, will prefer sacrificing his life rather than permit the in-
fraction of any of them.

17. The troops of the army shall observe the most strict dis-
cipline, according to their regulations, and the chiefs and officers
shall remain on the same standing as at present, that is, in their
respective classes, with eligibility to such public employments as
are vacant, or may vacate in consequence of those who may not
wish to follow their career, or any other cause, and those which
may be considered as necessary or convenient.

18. The troops of said army shall be considered as of the line.

19. In the same light shall be considered those who may after-
wards adopt this plan. Those who do not defer it, those of the
former system of independence who shall immediately join said
army, and the countrymen who may desire to enlist, shall be con-
sidered as troops of national militia; and the form of each for
the interior and exterior security of the empire shall be dictated
by the Cortes.

20. The employments shall be conceded to true merit, in virtue
of references to the chiefs, and in the name of the nation.

21. While the Cortes are assembling, the proceedings against
criminals shall be according to the Spanish constitution.

22. For conspiring against the independence, criminals shall be
imprisoned until the Cortes decide the greatest punishment next
to "lesa Majestad Divina."

23. A strict watch shall be kept over those who may attempt
to create disunion, and they shall be reputed conspirator s against
the independence.

24. As the Cortes which are about to be installed are to be con-
stituent, it is necessary that the deputies should receive sufficient
powers to that effect, and, consequently, the electors ought to be
informed that their representatives are to be for the Congress of
Mexico and not of Madrid. The Junta will prescribe just rules
for the elections, and will fix the necessary time for them, and
the opening of the Congress.

Since the elections cannot take place in March, the term shall
be shortened as much as possible.

Iturbide.
Iguala, February 24.

Declaration of the Independence of Panama, November Doc. 244

28, 1821.

The general Meeting solemnly declared and it was so entered
in the minutes:

1. That Panama, spontaneously and in accordance with a gen-
eral vote of the peoples comprised therein, was declared free
and independent of the Spanish Government.

2. That the territory of the Provinces of the Isthmus belongs
to the republican State of Colombia, to the Congress of which
their Deputy would duly go to represent them.

3. That the individuals of the troop which garrisoned the sta-
tion were left absolutely at liberty to join the side they desired;
and in case they wished to go back to Spain they would be afforded
all the assistance necessary for their transportation to the Island
of Cuba, and they would be shown the honors of war so that

10

the}' might proceed to the ports of Chagres or Portohelo, as soon
as the forts might be taken over by the new Government, all
officials, sergeants and soldiers, under due oath, promising ta
keep the peace, not to commit any extortion, nor to take up arms
against the independent States of America, during the war.

4. That the sick who were in the hospital would be assisted
by the Government, and as soon as they recovered they would
be afforded the means necessary for them to leave the Isthmus,

5. That Sefior Don Jose de Fabrega, who was Colonel of the^
Spanish forces, was recognized as the Superior Chief of the
Isthmus, leaving on the same footing as they were all the au-
thorities and corporate bodies, both civil and ecclesiastical.

6. That the Superior Chief would take the needful economic
measures for the preservation of public order.

7. That the authorities would take part in the proceedings de-
claring the independence, the following Sunday being designated
for its publication to be made with due solemnity.

8. That the Superior Chief, together with the Commanders
of the troops, would send official communications to those in the
forts of Chagres and the Detachment oV Portohelo, so that they
deliver those places in military fashion to the officer presenting
the orders.

9. That the Isthmus, through its representatives, would prepare
suitable economic regulations for its domestic administration^
and in the meantime the laws in force in that region should
govern when not in contradiction to its new situation.

10. That for the indispensable expenses, the Superior Chief
would undertake a loan, which would be recognised as a part
of the public debt.

11. That the public debt, recognised by the Treasury, would
be paid under the stipulations made when it was incurred.

12. That the preceding Articles would be printed and circulated
among the people of the Isthmus, so that the disturbances agitat-
ing them may cease, encouraging them to afford the assistance
which the capital needs in order to carry out the glorious under-
taking as it has been begun.

11

Don Jose de Fabrega to the Supreme Chief of the Republic doc. 245

of Colombia.

Panama, November 29, 1821.1

Most Excellent Sir:

I have the great pleasure of communicating to Your Excel-
lency the agreeable notice that the Isthmus has decided to make
itself independent from Spanish dominion. The town of Los
Santos, comprised in this Province, was the first one to pro-
nounce with enthusiasm the holy name of "Liberty" and soon
after all the others imitated its glorious example ; but as this
capital deemed that the time for taking a decision had not yet
come, it managed so as to be able to arrange things in order
that the desired day could be a wholly glorious one. And in
fact, I have now the pleasure of having seen that an event which
has brought the change of a system maintained by men who
could have caused some disaster, has taken place under such
good order, and of which hardly another example could be cited.
Moderation and sentiments of the highest philanthropy have been
the characteristics of the Isthmus, to such an extent that they
will make it famous in history of free America. Separately and
on another opportunity in which I may have more time, I will
send to Your Excellency a report of the honorable patriots who
have deserved the consideration of their fellow countrymen on
account of the services rendered in this important work, forward-
ing at present to Your Excellency a copy of the bases which
have been agreed upon yesterday, when we had the good fortune
of establishing ourselves in an integral part of the American
independence.

Today certain circumstances oblige me to implore the high
protection of Your Excellency in every way so as to be enabled
to preserve for the Republic of Colombia such an interesting
territory; because the misfortune which has overwhelmed the
Isthmus for the last three years, has left it so exhausted that it
cannot afford the necessary expenses to put us in the respectable
state that the circumstances so strongly require. The most needed
thing above all is at least three hundred disciplined soldiers with

^F. de P. Borda — Limites de Colombia con Costa Rica, p. 13, Bogota,
1896.

12

competent officers for garrisoning the most important places
by which we may be invaded.

For my part, Most Excellent Sir, I must say that I am deeply
grateful for having had the satisfaction (the only one which
can content a human heart) of deserving the public confidence
on such critical circumstances for the government of the inde-
pendent Isthmus; and I can only acknowledge such a high dis-
tinction by sacrificing myself as I decided to do since I devoted
myself, as was my desire, to the Fatherland in which I have been
born and to which I owe everything I possess.

Your Excellency will be good enough to make known all the
foregoing to the Supreme Congress, in order that it will deign
to approve our acts and recognize us as an integral part of
the Republic that it represents ; and the Deputy for this Isthmus
will go to represent it therein.

May God guard Your Excellency's important life many years
for the glory and prosperity of the Republic.

Panama^, November 29, 1821.

Most Excellent Sir.

Jose de Fabre:ga.
To His Excellency the President of the Republic of Colombia.

Don Manuel Torres to the Secretary of State.

Phii<adei.phia, November 30, 1821. ^

The formidable fortress of Carthagena, and that of Cumand,
also fell successively; so that Porto Cabello, in Venezuela, and
the isthmus of Panama, in New Granada, are the only two points
which the Spaniards for the moment occupy in all the vast terri-
tory of Colombia; and probably before the termination of the
present year both will be incorporated with the republic.

Although the isthmus of Panama, from its scanty population,
its absolute want of agriculture, and its situation, can contribute
little or nothing to the increase or facility of the interior or ex-

* American State Papers, Foreign Relations, Vol. IV., Page 834.

13

terior commerce of the new republic, still its occupation is of
great importance to Colombia, under the view of its own future
security and that of the rest of America, and from the great
facility which the river Chagres aifords for the commerce of
Peru, and that of the provinces of Nezv Spain, which lie along
the Pacific, since the distances, the dangers, and expenses of a
navigation by Cape Horn are considerably diminished.

But it was enough for the Liberator President to annihilate
the formidable legions with which the Spaniards oppressed the
country; it was also necessary to preserve good understanding
and harmony among the inhabitants of Colombia, and to main-
tain among foreign nations the respect and reputation of the au-
thorities of the republic which the agents of Ferdinand VII. have
constantly defamed, by circulating, through the medium of the
press, the most infamous falsehoods against them. He had no
other means of realizing his object but exposing to the impartial
world the perfidious conduct which the Peninsular Government
had incessantly observed towards the Americans; and, to the
incontrovertible manner in which he did so, by the proclamation
which he addressed to the Spaniards on the 25th of April, from
the city of Barinas, is partly due the success of the republican
arms in Colombia and in Peru.

With respect to the ability and capacity o-f Colombia to main-
tain its independence, no well-founded doubt can arise upon* that
point, if we consider on one hand the great population of the
republic, which exceeds 3,600,000 souls, the extent of its terri-
tory, its natural and artificial resources, and its situations; and,
on the other, the great military talent displayed by its generals
and officers, and the dicipline and valor manifested by its troops
on all occasions, but particularly in the celebrated battles of
Boyacd and Carabobo, in the capture of St. Martin, defended by
seventeen exterior batteries, all taken by assault, and the reduc-
tion of the fortresses of Carthagena and Cumand.

Some idea may be also formed of the degree of splendor, power,
and future prosperity of the new republic, by considering it
placed in the centre of the universe, with an extent of coast of
twelve hundred miles on the Atlantic, from the Orinoco to the

14

isthmus of Darien, and of seven hundred miles on the Pacific
ocean, from Panama to Bahia de Tumbez, and exempt, at all
seasons, from any of those dreadful hurricanes which cause such
disasters in the Antilles, in the Gulf of Mexico, and in other
places.

♦ * * * * * **

Manuex Torres.

Doc. 247 The Supreme Political Chief of the Isthmus of Panama to
the Vice President of Colombia.

Panama, January 10, 1822.i
Most Exceli^Ent Sir:

Your Excellency having been authorized by the Constitution
of the State, at the time that the Code was being sanctioned, to
establish Departments in the places occupied by the armies of
Spain and which by their territorial extent and the circumstances
of their location must be governed separately, Your Excellency
must fix your attention on the Isthmus of Panama, which having
declared and voluntarily submitted, on account of its ancient im-
portance under the name of Kingdom of Tier r a Firme and the
superior government that it has had at different times, to be
considered actually in the new division of the territory of Co-
lombia as a separate Department which shall comprise the bound-
aries fixed for its Audencia by Law 4, Title 15, Book 2 of the
Municipal Laws.

This vast territory, although unpopulated to a great extent,
is divided into governments and a large alcaldia mayor, which
comprises several pueblos, and both the governors of the Prov-
inces of Veragua, Darien and Portobelo, as well as the alcaldes
m^yores of Natd, were subordinated in political and military af-
fairs to the Cdmandancia general and superior government
of the capital; and though later the Governors of Veragua and
Portobelo obtained the special favor that the superior government
should not try the civil lawsuits involving large amounts decided
by them, but that those suits ought to go before the audiencia

*F. de P. Borda — Limites de Colombia con Costa Rica, p. 15, Bogota,
1896.

IS

of the district, as well as the criminal cases, the superiority of
the said government was always recognized for appeals in law-
suits of minor amounts, and by the cedula of August 23, 1739,
that government was empowered to sue those governors and to
separate them from their governments in the cases expressed
therein, reporting and sending the preparatory proceedings.

Furthermore, the Chief of this capital has enjoyed, independ-
ently of the Viceroy of Santa Fe, the privileges of the vice
patronate, the superintendency of the Treasury, that of the
Cruzada, the subdelegation of the post and lastly the prerogatives
of superior governments, though sometimes restrained by the
Viceroys or restricted by the territorial audiencia; but its com-
plaints having been presented to the Court with the documents
stating its old possession, it was restored and supported and ob-
tained special favors on account of its first establishment under
the title of President and of its location; and although this Gov-
ernment is situated between the two seas, it has lacked an armada
or advice-boats to apply in time for assistance to the capital
of Santa Fe or to the neighboring governments on occasions of
need or danger.

For this reason and it being convenient that this territory
shall have an Intendant, which office is the one indicated for
the Departments, and because it is not possible to state the matter
to the present Congress through Deputies, this Government sub-
mits the whole of the foregoing to the superior consideration
of Your Excellency, to the end that using your high powers you
will place it in the rank to which it is entitled, and that you will
report to the Congress with the statement that I have the honor
to forward to Your Excellency.

Panama, January 10, 1822.

Jose de Fabrega.

To the Most Excellent Sefior Vice President of the Republic of
Colombia.

16

Doc. 248 Political Condition of the Spanish Provinces of South
America, Communicated to Congress March 8 and April
26, 1822.

Washington, March 8, 1822.^

To the House of Representatives of the United States :

In transmitting to the House of Representatives the docu-
ments called for by the resolution of that House of the 30th Janu-
ary, I consider it my duty to invite the attention of Congress to
a very important subject, and to communicate the sentiments of
the Executive on it, that, should Congress entertain similar senti-
ments, there may be such co-operation between the two depart-
ments of the Government as their respective rights and duties
may require.
Senor:
********

This contest has now reatrhed such a stage, and been attended
with such decisive success on the part of the provinces, that it
merits the most profound consideration whether their right to
the rank of independent nations, with all the advantages inci-
dent to it in their intercourse with the United States, is not com-
plete. Buenos Ayres assumed that rank by a formal declaration
in 1816, and has enjoyed it since 1810, free from invasion by
the parent country. The provinces composing the Republic of
Colombia, after having separately declared their independence,
were united by a fundamental law of the 17th of December, 1819.
A strong Spanish force occupied at that time certain parts of
the territory within their limits, and waged a destructive war;
that force has since been repeatedly defeated, and the whole of
it either made prisoners or destroyed, or expelled from the coun-
try, with the exception of an inconsiderable portion only, which
is blocked in two fortresses. The provinces on the Pacific have
likewise been very successful. Chili declared independence in
1818, and has since enjoyed it undisturbed; and of late, by the
assistance of Chili and Buenos Ayres, the revolution has extended
to Peru. Of the movement in Mexico our information is less

* American State Papers, Foreign Relations, Vol. IV, p. 818.

17

authentic, but it is, nevertheless, distinctly understood that the
new Government has declared its independence, and that there
is now no opposition to it there, nor a force to make any. For
the last three years the Government of Spain has not sent a
single corps of troops to any part of that country; nor is there
any reason to believe it will send any in future. Thus, it is mani-
fest that all those provinces are not only in the full enjoyment
of their independence, but, considering the state of the war and
other circumstances, that there is not the most remote prospect
of their being deprived of it.

James Monroe.

Note Presented by Mr. Zea to the French Minister for Doc. 349
Foreign Affairs, and the Ambassadors and Foreign Min-
isters at Paris.

• Paris, April 8, 1823. 1

. The undersigned Envoy Extraordinary and Minister Plenipo-
tentiary of the Republic of Colombia, to establish poUtical and
commercial relations with the Powers of Europe, has the honour
to address, in pursuance of the orders of his Government, to
his Excellency the Minister for Foreign Affairs, the following
communication :

The report of the struggle which America has just main-
tained against Spain has resounded throughout the world. If
it be admitted that ignorance may still exist respecting its marvel-
ous details, no doubt can arise upon the immense results obtained
by force of battles and victories. Oppressed America, enslaved
for three centuries, has shaken off the yoke of the mother-coun-
try. Spain is no longer anything beyond the seas which wash
the shores of the Peninsula.

In short, America has attained her majority; the increase of
her population, the progress of intellect, a thousand new wants
which the mother-country could not supply, rendered the crisis
inevitable. Spain, depopulated, without a navy, without in-

* Colombia : Being a Geographical, Statistical, Agricultural, Commer-
cial and Political Account of that country. London, 1822.

18

dustry — could she have retained longer under laws an entire
continent, separated from her by the vast ocean? This inde-
pendence then has done nothing but re-establish natural order,
and has put a period to those infinite evils that such an ill-
matched connection necessarily produced.

Spain, driven forever from the shores of America, has no
means of returning there. Divided in its interior, destitute of
influence without, deprived of the mines of Mexico and Peru,
where could she obtain soldiers for distant expeditions? How
could she meet the expenses of armaments necessary to recon-
quer what she has lost?

The ports, the harbours, and the fortified places, are in the
power of the Americans ; all the emblems of European supremacy
have disappeared. The lions and the towers of Castile have
given place to the colours of independence and liberty. In these
vast countries, which were so long the source of Spanish great-
ness, and the theatre of foreign domination, there remains noth-
ing but the scattered bones of the warriors who were sent to
oppose themselves to our destinies. On every hand nascent
states are forming, founded upon the same bases, equally favoured
by nature, powerful in resources, confident in a future which
cannot deceive them. The climate alone would protect them
against rash invasions, if the tried courage of the inhabitants did
not ofifer the best of all guarantees.

Amongst these states rises that of Colombia: twelve years
of an implacable war could not subdue her, nor even slacken
her march. Colombia has gathered the fruit of her noble ex-
ertions— she is free, sovereign and independent. Very soon all
these new states will form a complete solemn association, and
will fix with common accord the basis of that grand confedera-
tion, against which every foreign attack would be more absurd
than dangerous. The coalition of the rest of the civilized world
would, if it were possible, miscarry before this barrier.

Thus arrived at the point where she finds herself assimilated
in fact and in right to all existing nations, wishing to live amic-
ably with all people, America has only to obtain her recogni-
tion by the great family of which she forms a part, and to which
her association cannot fail to oflFer many advantages.

19

It is with this view that the undersigned Minister Plenipo-
tentiary of the Republic of Colombia has the honour to address
his Excellency the Minister for Foreign Affairs, to communicate
to him the intentions of his Government.

The Republic of Colombia is established, and its Government
is in full activity. Spain no longer possesses anything upon
its territory; and an army of 60,000 men, supported by an army
of reserve of the same force, secures the existence of Colombia.

The Republic has every characteristic of all the recognized
Governments upon earth; she does not ask of any of them by
what means, or by what right, they have become what they are —
they exist : this is all that concerns her to know. Colombia re-
spects all that exists ; she has a right to reciprocity ; she demands
it; and this demand is dictated neither by interest nor by fear;
either one motive or the other is unworthy of a generous and
free nation.

Who could make an attack upon her? Who could either add
to her wealth or diminish it? Of whom has she need? And
among all the nations known, where is there one that does not
aspire to establish commercial relations with her? Colombia
has an intimate consciousness of her strength. If she invites
all nations to share the treasures which nature has lavished upon
her, it is rather from a sentiment of generosity than a spirit of
calculation.

Whoever will approach Colombia with pacific and benevolent
intentions, may draw in full security from the common source of
our riches. Such is the single basis of the relation which we are
desirous to have with all the people of the earth — cordiality, lib-
erty, reciprocity. The jealousies, the distrust which formerly
separated the various nations, and armed them one against an-
other, are banished from the legislation, as well as from the
spirit of our fellow-citizens. We will never falsify the philan-
thropic principles for which blood has flowed in such abundance
upon the field of battle and the scaffold.

But after having thus fulfilled all her duties with regard to
other nations, Colombia owes it to herself to require that her
own rights be equally recognized. Colombia holds her possessions
from no person : she has originated herself, and reckons upon

20

her own means of support. Independent, strong, free, and invul-
nerable, she obeys no sentiment but that of general benevolence;
she aspires to render the relations of all those who will treat with
her easy, amicable, and useful.

An extensive and rich continent, inhabited by civilized people,
cannot remain foreign to the rest of the world ; it would always
be difficult to conceive relations durable, advantageous, and such
as the interest of commerce requires, between states of which
the governments do not recognize each other reciprocally.

These unequivocal principles, these powerful considerations,
impose upt>n the undersigned the obligation of communicating
to his Excellency the Minister for Foreign Affairs the inten-
tions of his Government, which are as under: —

1st, That the Government of Colombia acknowledges all ex-
isting Governments, whatever may have been their origin, or
whatever their form.

2d, That it will not have communication except with such
Governments as acknowledge Colombia.

3d, That commerce, admission to the harbours, and remaining
in the country, with liberty and protection, are assured to the
people who belong to any country that has acknowledged Co-
lombia.

4th, That the same ports are shut, and privileges refused, to
the people of nations that do not acknowledge Colombia.

5th, That there shall be a delay of admission to the ports of
Colombia proportioned to the delay of acknowledgement.

6th, That measures will be taken to exclude merchandise from
all countries that shall refuse to acknowledge, or delay acknowl-
edging, the Republic of Colombia.

The undersigned, in communicating to his Excellency the
sentiments and principles of his government urges the necessity
of a prompt reply. His Excellency is too enlightened not to per-
ceive the motives of such a demand on the part of a Government
whose seat is at so great a distance; and which being occupied
at the same moment with its interior organization, and the es-
tablishment of its foreign relations cannot admit either the delays
or the minutae of proceeding, of which it believes that, accord-
ing to ancient usage, it might avail itself in these new circum-

21

stances, and of which the novelty even is an additional motive
for desiring the prompt solution, which Colombia looks for with
equal confidence in the enlightened views of the Government of
* * * and its own strength.

The undersigned eagerly embraces this opportunity of repre-
senting to his Excellency the Minister of Foreign Affairs the
assurance of his highest cosideration.

F. A. ZtA,

The Government of Costa Rica Levies Imposts Upon the -Doc. 250
Commerce of Matina.

San Jose, June 4, 1823.i

The citizen, Jose Maria Peralta, the superior Political Chief
(Jefe Politico Superior) of Costa Rica, legally appointed for
that province.

Whereas, the Most Excellent Superior Government, in the offi-
cial communication of the 31st ultimo, advises me as follows:

"At the Special Session No. 15, Art. 4, this Superior Govern-
ment decreed as follows:

"There having been taken into consideration the increased ex-
pense caused to the Treasury by the maintenance of a Military
Commander and soldiers as coast-guards at the Port of Matina
and the free traffic enjoyed by the inhabitants of this province
with the Moscos {Mosquito s Indians) and the English, without
up to the present time paying any duty in order to indemnify
the province in any way for such expenses, it has been resolved,
in accordance with Art. 26 of the statute, that a tariff shall be
established under which collections shall be made from all mer-
chants and travellers who trade in that Valley, in the following
manner :

"Silver coin which is taken out of this province shall pay six
percent., but it if is in bullion or manufactured three percent.

"Gold coin four percent ; but if it is in bullion two percent.

"All goods imported shall pay according to the appraisement,
which must be made in the Custom House in this city, three per
cent., except guns, which shall be free of any duty.

* National Archives of Costa Rica.

22

"A commissioner of probity, at the discretion of the Intendant,
shall be placed in the house of Reventazon to take charge of the
boatmen, with a salary of fifteen pesos monthly, being required to
seize the money that may go without registry and to forward to
the Custom House each month a report, besides paying there and
keeping a separate account and registry of the passage of the
muleteers and other persons, at the rate of a half-real per person
for coming and the same for returning.

"Each tercio (bale) of cacao, clothing, steel or iron and other
effects shall pay one real.

"Each bottle of spirits exported shall pay one real.

"And it is communicated to Your Worship in order that it
may be published and circulated in the principal localities of the
province for the information of all."

Hall of Sessions ; San Jose, May 31, 1823.

Manuel AIvVArado, President.

Jose Tomas G6Mitz, acting Secretary.

To the Senor Jefe Politico.

Therefore, in order that it may be promptly and duly carried
out, let it be published by public proclamation upon holidays and
with the usual formalities in the town of Heredia, village of Barba^
town of Alajuela and village of Bscasu, making a record of its
having thus been done and returning a certificate thereof.

Dated at San Jose, capital of Costa Rica, on the 4th day of the
month of June, 1823, before me the undersigned Secretary, to
which I certify.

Jose Maria de: Peralta.
Bernardo Cai<vo, Secretary.

23

Law Concerning the Territorial Division of the Republic Doc 251

of Colombia.

Bogota, June 25, 1824.

The Senate and House of Representatives of the RepubHc
of Colombia in Congress.

Considering :

1. That the territory of the RepubHc ought to have a regular
division in its departments and provinces, with respect to their
extent and population, as that is desirable both for the easy and
prompt administration of public affairs in all their branches, from
which the welfare of the people springs:

2. That the division be convenient and suitable to the local
circumstances, facilitating communication with the chiefs and
those sworn for the constitutional meetings in the primary elec-
tions and electoral assemblies, for recourse to the Superior Au-
thorities and for the success of prompt and good administration,
governmental, economical and judicial:

3. That, finally, as the territorial division of the RepubHc must
conform in all respects to the provisions of Articles 8, 20, 26 and
29 of the Constitution ; therefore.

They Decree::

Art. 1. The whole territory of Colombia is divided into twelve
departments, which with their capitals are the following:

1. Orinoco, its capital is Cumand.

2. Venezuela, its capital is Caracas.

3. Apure, its capital is Barinas.

4. Zulia, its capital is Maracaibo.

5. Boyacd, its capital is Tunja.

6. Cundinamarca, its capital is Bogota.

7. Magdalena, its capital is Cartagena.

8. Cauca, its capital is Popaydn.

9. The Isthmus, its capital is Panama.

10. Ecuador, its capital is Quito.

11. Asuai, its capital is Cuenca.

12. Guayaquil, its capital is Guayaquil.

24

These twelve departments shall embrace the provinces and
cantons following:

Art. 10. The department of the Isthmus embraces the prov-
inces, 1, of Panama its capital Panama; and 2, Veragua, its capi-
tal Veragua.

Sec. 1. The cantons of the Province of Panama are : 1, Panama;
2, Portohello; 3, Chorreras; 4, Natd; 5, Los Santos, and 6, Yavisa.

Sec. 2. The cantons of the Province of Veragua and their
capital towns are: 1. Santiago de Veragua; 2, Mesa; 3. Alanje;
4. Gaimi ^ ; and its capital town is Remedios.

********
Art. 17. The Executive Power shall fix provisionally the
boundaries of the cantons created by this law. Those of the
provinces and departments shall be those at present known or
which may be designated by it. The Executive Power, however,
shall prepare the maps and obtain the information and knowledge,
so that the same being forwarded to Congress, the legislature
may designate definitively the limits of the departments, prov-
inces and cantons.

Given in Bogota, June 23, 1824.

The President of the Senate, Jose Maria del Real.

The Vice-President of the House of Representatives, Jose
Rafael Mosquera.

The Secretary of the Senate, Antonio Jose Caro.
The Deputy Secretary of the House of Representatives, Jose
Joaquin Suarez.

Palace of the Government at Bogota, June 25, 1824.

Let it be executed: Francisco de Paula Santander. By H. E.
the Vice-President of the Republic in charge of the Executive
Power.

The Secretary of State of the Department of Interior, Jose
Manuel Restrepo.

* The original text says Gaimi instead of Guaimi.

25

Decree of the Government of Colombia, July 5, 1824, Arro- Doc. 252
gating to Itself Rights over the Central American Ter-
ritory of the Coasts of Mosquitos.

Bogota, July 5, 1824.

Francisco de Paula Santander, General of Division of the
Armies of Colombia, Vice-President of the Republic, etc.

Whereas it has come to the notice of the Government of the
Republic of Colombia that various persons resident in foreign
countries have planned to make settlements in a certain territory
known as Poyais, situated on the Coast of Mosquitos; and con-
sidering that such undertakings by unauthorized adventures may
be prejudicial to the interests of the Republic and to themselves,
it has therefore been determined to decree, under the provisions
of Article 5 of the Fundamental Law and it is decreed, as fol-
lows:

Art. 1. There is declared illegal every enterprise which is
undertaken to colonize any point of that portion of the Coast of
Mosquitos from Cape Gracias a Dios, inclusive, toward the River
Chagres, which belongs in dominion and property to the Republic
of Colombia, in virtue of the formal declaration made at San
Lorenzo on November 3, 1803, by which there was definitively
added said portion of the Coast of Mosquitos to the old Viceroyalty
of New Granada, separating it from the jurisdiction of the Cap-
taincy-General of Guatemala, to which it previously belonged.

Art. 2. It is likewise declared that all persons who, in contra-
vention of the foregoing Article, shall attempt to found colonies
or foreign settlements on the said Coast of Mosquitos, as far as
the Cape Gracias a Dios, inclusive, shall be subject to the penalties
incurred by those who usurp by force the national property and
disturb its interior peace and quiet, provided there shall have been
no previous approval and consent by the Government in con-
formity to the laws.

Art. 3. It is also declared that there not having been granted
to any person, within or without the Republic, the approval and
consent necessary to colonize the Coast of Mosquitos, which is
under its immediate jurisdiction, or part of it, any person or per-
sons, citizens or foreigners, who shall undertake to do so, shall

26

be thereby subject to the consequences to which their arbitrary
and unauthorized conduct exposes- them.

Art. 4. The Secretary of State of the Department of Foreign
Affairs shall be charged with the execution of this decree.

Done, signed, sealed with the seal of the Republic and counter-
signed by the Secretary of State of Foreign Affairs, in the capi-
tal of Bogota, July 5, 1824.

Francisco de Paula Santa nder.
The Secretary of State
of Foreign Affairs,
Pedro Gual.

27

The Chief of the State of Costa Rica to the Minister of Doc. 253
the Republic of Central America in Colombia, Protesting
Against the Usurpatory Decree of the Colombian Gov-
ernment of July 5, 1824.

San Jose, November 17, 1824.i

Headship of Costa Rica.

To the citizen Pedro Molina, Minister Plenipotentiary in the
Southern Republics.

In No. 4 of ''El Patriotismo," a public paper of Guayaquil, of
the 25th of September of the present year, appears on back of
folio 15 the following notable statement :

''By a decree of the Government of July 5, the territory of
Poyais in the Mosquito Coa<st, from Gracias a Dios inclusive to the
River Chagres, has been declared an integral part of Colombia
in virtue of the formal declaration made at San Lorenzo in 1803,
by which the said part was added to the ancient Viceroyalty of
Nezv Granada separating it from Guatemala. Consequently there
has been declared as illegal every enterprise directed to colonize
any part of that coast and those who might attempt to do it as hav-
ing incurred the penalties edicted against usurpers of national
property and perturbers of interior peace."

Besides, that paper gives the information that this {Poyais)
is the cpuntry in which, it is asserted, MacGregor has established
a kingdom and proclaimed himself king of Mosquitos.

The context of the said decree is very doubtful and odd, be-
cause the territory to which it refers comprises, besides the Coast
of Mosquitos to the north, the river of the port of San Juan in
the State of Nicaragua and those of Matina and Bocatoro or £.$•-
trella in this State {Costa Rica). Therefore, it must be observed
that whether at sometime the Spanish Government declared that
coast dependent on the Government of Neiv Granada, such a meas-
ure must be considered as being as null and as violent as that by
which New Granada was depending on Spain, both because the
said coast as far as the Escudo de Veragua^ according to its

' National Archives of Costa Rica. Copy-book of the orders of the
first Chief of the State, year 1824.

28

topographical situation and natural geography, belongs to the part
of the Continent or territory of our Republic of the Centre (of
America), and for the reason that the Coast of Mosquitos has
remained independent in fact. The coast of the port and river
of San Juan has depended on the State of Nicaragua since im-
memorial time, as it is indicated by nature, the same as the ports
of Matina and Bstrella have depended on this of Costa Rica, the
former being the one that has been constantly used in this part
of the Republic on the north and wherein the inhabitants of this
State have their establishments and cacao plantations, and finally
the same that by the years 1812 and 1813 was opened by the
Cortes as a port of this province.

Respecting the islands I have no data save that of San Andres
was subjected to the Government of Guatemala and lately to
that of Santa Fe; but whatever the case may be it is clear that
the supposed decree of that Government (of Colombia) as far
as the continental spots of the coast are concerned, attacks the
integrality of this territory and indirectly the independence of the
Republic. Hereby and whilst the Supreme Executive Power,
being informed of the case give the desirable orders to you, I
have been pleased to communicate these observations so as you
may use them as you deem best in the exercise of the high office
of which you are in charge.

God, Union, Liberty.

San Jose, November 17, 1824.

''[ Juan Mora.

Doc 254 Constitution of the Federal Republic of Central America^

November 22, 1824.

Title I.
Sec 2. Of the Territory.

Sec. 5. The territory of the Republic is the same that was
formerly embraced in the old Kingdom of Guatemala, with the ex-
ception, at present, of the Province of Chiapas.

Art. 6. The Federation is now composed of five States, which

29

are : Costa Rica, Nicaragua, Honduras, Salvador, and Guate-
mala. The Province of Chiapas will be held as a State in the
Federation when it freely joins.

Art. 7. The demarcation of the territory of the States shall
be made by a constitutional law, using the requisite data.

Limits of Costa Rica, According to the Fundamental Law doc. 255
of the State, of January 21, 1825.

Chapter 2. Of the State.

Art. 11. The State of Costa Rica is composed of all its inhabi-
tants.

Art. 12. It is and shall always be free and independent of
Spain, Mexico and any other power or foreign government and ^
it shall never be the patrimony of any family or person.

Art. 13. It is and shall be one of those that form the Federa-
tion of the Centre of America.

Art. 14. The Sovereignty of the State is essentially in itself,
in everything which relates to its Government and interior admin-
istration.

Art. 15. The territory of the State is now extended from
West to East, from the River Salto, which divides it from Nica-
ragua, to the River Chiriqui, the end of the Republic of Colom-
bia; and North-South from one Sea to the other, its limits on
the North being at the mouth of the River San Juan and the
Bscudo' de Veragua, and on the South at the outlet of the River
Alvarado and that of Chiriqui,

Art. 16. The territory of the State is divided into Departments :
each Department into Districts and the Districts into Villages:
a special Law will regulate the division.

» 30

Doc. 256 Extract from the Minutes of a Verbal Conference with the
Minister of the United Provinces of Central America,
on the 4th Day of March, 1825, in Pursuance of a Prior
Invitation.

Bogota, March 4, 1825.

Seiior Molina having arrived at the hour appointed, in com-
pany with his secretary, Senor Gual said to him that in order
to shorten the negotiations which it was desired to undertake and
take advantage of the short time left for the conclusion of the
present legislative sessions, he had taken the liberty of inviting
him to a verbal conference.

''Your note of yesterday," said Senor Gual, "required quite a
long answer on account of the variety of matters which it con-
tained."

Seiior Molina replied that the way proposed seemed to him a
vety advantageous one in order to avoid delays. In this fashion
they took up an analysis of the points referred to in the note of
the second day.

"The treaty which was contained in it," said Senor Gual, "has
no definite character, i<»r sometimes it would appear there were
two belligerents who were fighting against the same enemy, and
very often it would seem as if it were desired on behalf of the
United Provinces to preserve a neutral position toward Colombia,
considered as a Power at war. This is clearly shown in Art. I,
in which there is only proposed a defensive alliance, simply, with-
out stating against whom; and by Article 15, while contracting an
offensive alliance, the casus foederis is established in case it should
be necessary to make war against Powers beyond the seas. Why,
then, is this case made a conditional one, as you have said to me
yourself (Senor Molina to Seiior Gual), in your reply of the
5th of January last, that the United Provinces were at war with
Spain ?

Seiior Molina said that his Government so considered it, but
that, as Spain was not actually making war upon its territory,
he thought that the defensive alliance would be sufficient. After
some observations on one side and the other, Senor Molina agreed
that the treaty they were about to celebrate should bear the

31

character of having been made between two Powers at war
against a common enemy, and that moreover the same principles
would be adhered to of union, league and confederation, as had
already been adopted by Colombia^ Mexico, Chile and Peru.

Articles 3 and 4 were read and it was agreed that they were
of no value, because from the very fact of being in negotiation
with a Minister already recognised, it was clearly to be deduced
that each of the parties had recognised the rank that they actually
had.

Article 5 was read and Seiior Gual objected to its adoption
as being contrary to the legitimate titles of Colombia, and in
proof of this he showed to Senor Molina the original Cedula of
November 30, 1803, by which the Coast of Mosquitos as far as
Cape Gracias a Dies was added to the Viceroyalty of New
Granada, and also the Executive Decree of July 5, 1824, against
the enterprises of unauthorized adventurers upon said coast,
without taking into account many other acts by which trade
with the barbarians living in it were regulated. He added also
that the Government of Colombia had resolved not to give up its
rights, except in case of mutual concessions being made by a
special boundary treaty, and that if Senor Molina had instruc-
tions from his Government to take up such negotiations, he would
not hesitate to at once say that it is very possible that Colombia
would agree to the establishment of its division line on that side,
from the mouth of the River San Juan running into the Lake
of Nicaragua, where a point would be selected toward the South
to which to continue tracing the boundaries until the Gulf of
Dulcc was reached in the Pacific Ocean. In this way, he said,
there would be left to Guatemala the Irrger and the most popu-
lous part of the Province of Costa Rica on the South, and the
whole portion of the Coast of Mosquitos, from the North bank
of the River San Juan up-stream, it being then stipulated that
the navigation of said river and Lake of Nicaragua should be
common to both parties. Colombia would obtain only the ad-
vantage of this navigation to the North, the parcel of territory
embraced between the interior division line, from the lake toward
the Gulf of Dulce, and that of having some natural boundaries

■ '■ •■^•" 32

for the most part, which is its principal interest in order to avoid
all dispute in the future.

Sefior Molina answered that he did not have instructions for
this negotiation.

"Well, then," responded Seiior Gual, "as to boundaries it is
necessary to hold to the uti possidetis of 1810 or 1820, as may be
desired."

Senor Molina having acquiesced, Sefior Gual was charged with
preparing the proper articles for the time of making the project.

This matter being arranged, it was agreed that Articles 7 and
8 were inopportune, in consequence of the discarding of the 5th
which had already been done.

This is a faithful transcript.

LLe:ras.

Doc. 257 Treaty of Perpetual Union, League, and Confederation,
Between the Republic of Colombia and the United Prov-
inces of Central America.

Bogota, March 15, 1825.^

In the name of God, Author and Legislator of the Universe :

The Republic of Colombia, and the United Provinces of Cen-
tral America, desirous of putting a speedy termination to the
calamitous war in which they are engaged with the King of
Spain ; and both contracting Powers being disposed to unite all
their resources, with their naval and land forces, and to indentify
their principles and interests in peace and war, have resolved to
form a treaty of perpetual union, league, and confederation, which
shall forever secure to them the advantages of liberty and in-
dependence.

For this desirable object, Pedro Gual, Minister of For-
eign Relations of the Republic of Colombia, and Pe^dro Mo-
lina, Plenipotenciary of the United Provinces of Central
America, being respectively furnished with full powers, and in
due form, have agreed to the following articles:

1. The Republic of Colombia^, and the United Provinces of

' Extract from Appendix of Congressional Debates, Vol. II, p. 50.

V 33

Central America, bind themselves to a perpetual union, league,
and confederation, in peace and war, to defend their independence
of the Spanish nation, and every other, by naval and land forces,
and thus to secure their mutual prosperity, to promote harmony
and good intelligence with each other, and with other nations.

2. The Republic of Colombia, and the Provinces of Central
America, therefore, promise, and freely contract, a firm and con-
stant friendship, and a permanent alliance, which shall be intimate
and binding for their common defence, the security of their in-
dependence and liberty, and for their reciprocal and general good,
they obliged themselves mutually to aid in repelling every at-
tack or invasion from the enemies of either, that may in any
wise affect their political existence.

3. That the objects contemplated by the preceding articles may
be carried into effect, the Republic of Colombia engages to aid
the United Provinces of Central America with that amount of
its disposable naval and land forces, which shall be determined
by the Congress of Plenipotentiaries, to be mentioned hereafter.

4. The United Provinces of Central America shall, in like man-
ner, aid the Republic of Colombia with their disposable naval and
land forces, or its equivalent, which shall be fixed by the afore-
said Congress.

5. The contracting parties guaranty, mutually, the integrity of
their respective territories, as they existed prior to the present
war of independence, against the designs and invasions of the
subjects of the King of Spain and his adherents.

6. In case, therefore, of sudden invasion, each party shall be at
liberty to act against the enemy, within the territory of the other,
whenever circumstances will not allow of a communication with
the Government to which the sovereignty of the country invaded
belongs. But the party so acting shall observe, and cause to be
observed, the status, ordinances, and laws, of the State, as far as
circumstances may permit ; and cause its Government to be
respected and obeyed. The expenses of these operations, and
whatever may be incurred in consequence of articles third and
fourth, shall be settled by separated conventions, and paid one
year after the conclusion of the present war.

7. The Republic of Colombia, and the United Provinces of
Central America, promise, and oblige themselves, formally, to

34

respect the limits of each other as they now exist; and agree, as
soon as circumstances will permit, to settle, in a friendly manner,
by a special convention, the line of demarcation between the two
States, or whenever one of the parties shall be disposed to enter
on this negotiation.

8. To facilitate the progress and happy termination of the ne-
gotiation about limits, as in the preceding article, both parties
shall be at liberty to appoint Commissioners, who shall survey
the zvholc frontier, for the purpose of fixing the boundary line.
The local authorities shall not offer them the least obstruction,
but shall, on the contrary, furnish every protection and aid for
the proper execution of their object, provided they exhibit the
passport of their Governments, authorizing their operations.

9. The contracting parties, desirous, in the mean time, of pro-
viding against the evils that may arise to both, from unauthorized
colonies of adventurers, on that part of the Mosquito shore, be-
tween Cape Gracias a Dios and the River Chagres, promise, and
oblige themselves to employ their naval and land forces against
any individual or individuals, who shall attempt to form estab-
lishments on the above coast, without having previously ob-
tained permission from the Government to which it may belong.

10. To make the union and alliance contracted by the present
convention more intimate and close, it is moreover stipulated and
agreed, that citizens and inhabitants of each State shall have free
entrance to, and departure from, the ports and territories of the
other, and shall enjoy therein all the civil rights and privileges
of traffic and commerce; but they shall be subject to the same
duties, imposts, and restrictions, as the citizens and inhabitants
of the State themselves.

11. In consequence of this, their vessels and cargoes, composed
of productions or merchandise, domestic or foreign, and regis-
tered at the Custom-houses of either of the contracting parties,
shall not pay, in the ports of the other, greater duties of impor-
tation, exportation, anchorage, or tonnage, than those already es-
tablished, or which may be established for its own vessels and
cargoes; that is to say, vessels and cargoes from Colombia shall
pay the same duty of importation, exportation, anchorage, and
tonnage, in the ports of the United Provinces of Central America,
as if they belong to these United Provinces ; and those from the

35

United Proznnces of Central America, shall pay, in the ports of
Colombia, the same duty as Colombians.

12. The contracting parties oblige themselves to af-
ford every aid in their power to the merchant and national ves-
sels of each other that may go into port to repair any damages
they may have received. They shall there be at liberty to refit,
increase their armaments and crews, so as to be able to continue
their voyage or cruise. The expense of these repairs shall be
sustained by the State or individuals to whom they may belong.

13. To suppress the shameful abuses that may be committed
on high seas, by armed privateers, upon neutral and the national
commerce, the contracting parties agree to extend the jurisdic-
tion of their maritime courts to the privateers, and their prizes,
of each other indiscriminately, whenever they shall not be able to
reach the port of their departure, or suspicions may be excited
of their having committed abuses against the commerce of neu-
tral nations, with whom both States desire to cultivate lasting
harmony and good intelligence.

14. To prevent all disorder in the army and navy of each other,
the contracting parties moreover agree, that, if any soldiers or
sailors shall desert from the service of one to the territory of
the other, even if the latter belong to merchant vessels, they shall
be immediately restored by the tribunal or authority within whose
jurisdiction they m<iy be found'; provided, the reclamation of the
commander, or of the Captain of the vessel, as the case may be,
shall previously be made, giving a description of the individual or
individuals, with their names, and that of the corps or vessel
from which they may have deserted. Until the demand be made,
in form, they shall be confined in the public prisons.

15. To cement the bonds of future union between the two
States, and remove every difficulty that may occur, to interrupt
their good correspondence and harmony, there shall be formed a
Congress composed of two Plenipotentiaries from each contract-
ing party, who shall be appointed with the same formalities as are
required by established usages in the commission of Ministers of
equal character among other nations.

16. The contracting parties oblige themselves to interpose their
good offices with the other ci-devant Spanish States of America,

^•J-- 36

to induce them to unite in this compact of perpetual union, league^
and confederation.

17. As soon as the great and important object shall be accom-
plished, a general Congress shall be assembled, composed of
Plenipotentiaries from the American States, for the purpose of
establishing, on a more solid basis, the intimate relations which
should exist between them all, individually and collectively, and
that it may serve as a council in great events, as a point of union
in common danger, as faithful interpreter of public treaties when
difficulties may arise, and as an arbitrator and conciliator in their
disputes and differences.

18. The compact of union, league, and confederation, shall not
affect, in any manner, the exercise of the national sovereignty of
the contracting parties, in regard to their laws and the establish-
ment and form of their respective Governments, nor in regard
to their relation with other nations ; but they bind themselves, ir-
revocably, not to accede to any demands of indemnity or tribute
from the Spanish Government, or any other in its name, for the
loss of its supremacy over these countries. They also bind them-
selves not to enter into any treaty with Spain, or any other na-
tion, that shall in the least prejudice their independence, but to
maintain their mutual interests on all occasions, with the dignity
and energy of free, independent, friendly, and confederate na-
tions.

19. As the Isthmus of Panama is an integral part of Colombia^
and the point best suited for this august assembly, this Republic
freely engages to afford to the Plenipotentiaries of the American
States composing it all the attentions which are required by hos-
pitality among sister States, and by the sacred and inviolable char-
acter of their persons.

20. The United Provinces of Central America oblige them-
selves, in like manner, whenever the events of war, or by the voice
of a majority of the American States, the Congress shall assemble
within their territory, at the Isthmus of Panama, or any point
of their territory which, from its central position, between the
States from North and South America, may be fixed on as best
suited for this most interesting object.

21. The Republic of Colombia and the United Provinces of

37

Central America^ desirous of avoiding all interpretation contrary
to their intentions, declare, that any advantages which either
Power may gain from the preceding stipulations, are, and shall
be, considered as compensation for the obligations they contract
in the present compact of perpetual union, league, and confedera-
tion.

■ 22. The present perpetual treaty of union, league and confed-
eration, shall be ratified by the President or Vice-President of the
Republic of Colombia^ charged with the Executive power, with the
consent and approbation of the Congress, within thirty days ; and
by the Government of the United Provinces of Central America,
as early as possible, regarding the distance; and the ratifications
shall be exchanged in the City of Guatemala, within six months
from the date hereof, or sooner, if possible.

In faith of which, we, the Plenipotentiaries of the Republic of
Colombia, and of the United Provinces of Central America, have
signed and sealed the present, in the City of Bogota, on this
fifteenth day of March, in the year of our Lord 1825, fifteenth
of Colombian Independence, and fifth of that of the United Prov-
inces of Central America.

(h. s.) Pedro Gual.

(l. s.) Pedro Molina.

Ratified by the Vice-President of Colombia, Francisco De P.

Santander, on the twelfth day of April, 1825, and fifteenth of
Independence, with the previous consent and approbation of the
Congress. .

38

Doc 258 Decree of the Federal Congress of Central America in
1825, Approving the Annexation of Nicoya to Costa
Rica.

GUATK.MALA, December 9, 1825.

The Federal Congress of the Republic 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 Rica; 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 ddcreje:

Art. 1. For the time being, and until the demarcation of the
territory of each State provided by Art. VII of the Constitu-
tion is made, the district of Nicoya shall 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 Assemblies
of Nicaragua and Costa Rica.

Let it pass to the Senate.

Given at Guatemala December 9, 1825.

39

From the General Secretary of the State of Costa Rica to doc. 259
the Minister of Foreign Relations of the Federal Re-
public of Central America, Concerning the Divisional
Line with the Republic of Colombia.

San Jose, June 18, 1826. 1

As soon as the Government of this State received the order
from your Ministry of May of the preceding year, in which a re-
port was asked for concerning the frontier boundaries of Costa
Rica with the Republic of Colombia and its divisional line with
Veraguas, suggesting that in the State Assembly there should be
found data concerning this matter, on account of it having been
treated in the Fundamental Law, I forwarded it to the same with
petition from that date; but as there appears to have been no
result, nor can any be sought for at present as it is not in session,
the Chief of State has given some of the possible explanations,
which are doubtless those which led to the Art. 15 in our Funda-
mental Law, in which the boundaries assigned with Colombia are
the River Chiriqui on the land, — in the Ocean the outlet of the
same river, which is at the Point called Burica; and in the At-
lantic the Bscudo de Veraguas.

Those boundaries, having had in their favor a constant tradition,
were designated with the support of the opinion of Don Domingo
Juarros, who in Chapter 1 of his work the ''History of Guate-
mala," gives them as the same, and also Dr. Jose Mariano
Mendez, who in the Memorial which he presented to the Spanish
Cortes in the year 1821 expresses himself in the same manner.

In the Archives of this Government there do not exist any docu-
ments which settle this matter in a conclusive way ; but it is un-
questionable that the first city of this State was located at the
Port of Bstrella, on the North Sea, known at that time by the
name of Boca del To/'o; which is well proved by the closeness of
this point to the Bscudo de Veraguas, which has always been
recognized as the division between Guatemala and Colombia. So
far as regards the boundary which has been designated in the
River Chiriqui, it has been held as such until it emptied into the
South Sea, without dispute, and the inhabitants of Chiriqui have

^Archives of the Ministry of Foreign Relations of Costa Rica.

40

even testified to it, one instance being a resident of that locality
who sought to establish a cattle farm in the region named Canas
Gordas, which is on this side of the river mentioned, on its banks,
and who came to this Government asking that it be sold to him.

All this I have the honor to state to you by order of the head
of this State, in compliance with the order of the Ministry of
the 22nd of the last month.

May God, etc.

San Jose, June 18, 1826.

Manuel Aguilar.

To the Minister of Foreign Relations.

Doc. 260 The Minister Plenipotentiary of Colombia to the Secretary
of State of the Republic of Central America Concerning
the Natural Limits of the Two Americas.^

Republic of Colombia.

Legation of the Republic of Colombia near the Government of
the United Provinces of Central America. No. 24.

Guatemala, September 4, 1826.

To the Se'cretary of State and of the Department of Foreign
Relations.
Sir:

Desirous of having an exact knowledge of the line that divides
the territory of the Republic of Central America from that of
Colombia, for the special boundary convention of which I have
charge, I beg Your Excellency to be good enough to advise
me what the natural limits are between the two Republics which
have been so reputed until the present time.

With sentiments of perfect consideration and respect, I repeat
that I am of Y. E. the very obedient servant,

A. Morales.

* Archives of the Ministry of Foreign Relations of Guatemala.

41

The Secretary of State of Central America to the Minister Doc. 261

of Colombia.

Guate:mala, September 9, 1826.

To the Honorable Sefior Antonio Morales, Envoy, etc.

I had the honor to receive the very esteemed note of Y. E. of
the 4th instant, in which you asked for information concerning
the limits which have been so reputed up to the present as natural
ones between the Republic of Colombia and that of Central
America.

I began to gather the data to be had in the office under my
charge when there occurred the matters that are notorious to
Y. E., imperatively demanding the attention of this Government,
which have required of me double labor to take care of the in-
cidents of this kind.

This is the reason, Mr. Minister, why I have been prevented
from giving due attention to the note of Y. E., but I shall do so
as soon as I am able to conclude the urgent matters which now
press upon me.

Permit me to conclude this statement with sincere assurances
of appreciation and respect by which I am animated toward
Y. E.

Your obedient humble servant,

(A flourish.)

The Secretary of State of Central America to the Honor- j^^ 262
able Sr. Antonio Morales, Envoy Extraordinary and
Minister Plenipotentiary of the Republic of Colombia.

GuATAMALA, January 8, 1827. ^
Sir:

In compliance with the wishes of Y. E. communicated to me
in your esteemed favor No. 24, to obtain information as to the
natural boundaries which, separate the territory of the Republic
of Central America from that of Colombia, I have the honor to
inform Y. E. that the Bscudo de Veraguas in the North Sea, the
mouth of the River Boruca in the Province of Costa Rica in

* Archives of the Ministry of Foreign Relations of Guatemala.

42

that of the South, and the district of Chiriqui in that of VerOr-
guas on the land, are the points which bound on the South-east
the territory of Central America; in such a way that the Hne which
crosses these three points, is the divisional one of the territory of
the two Republics.

I have the honor to reiterate the assurances of the high con-
sideration and profund respect with which I am of Y. E. the
obedient and humble servant,

(A flourish.) '

Doc. 263 Resolution of the President of the Republic of Central

America.

National Palace, of Guatemala, January 8, 1827.^

The President of the Republic, in view of this communication,,
after having examined all the data that could afford information
as to what are the limits of the territory of the Republic on the
side that borders with that of Colombia; having before him the
geopraphical chart and the laws contained in Book 2, Title 15,
of the Recopilacion de Indias, and finally the Compendia de la
historia de la ckidad de Guatemala, (Compendium of the History
of the City of Guatemala), by the Br. D. Domingo Juarros,
a work written having in view all the data there was concerning
the matter, resolves :

That the Minister Plenipotentiary of Colombia be answered^
stating to him: that the Bscudo de Veraguas in the North Sea,
the mouth of the River Boruca^ in the Province of Costa Rica
in that of the South, and the district of Chiriqui in that of Vera-
guas on the land, are the points that bound on the South-east
the territory of Central America, in such a maimer that the line
which crosses these three points is the division between its terri-
tory and that of Colombia. These are the boundaries fixed by
the said historian Juarros in the compendium mentioned.

(A flourish.)

The Secretary of State, Juan Fco. de Sosa.

' Supra.

' Boruca for Burica.

43

Decree of the Government of the Republic of Central Doc 264
America Closing Several Ports of the Republic, Among
These the Port of San Juan de Nicaragua.

Guatemala, September 26, 1827.^

Ministry of War and Marine:

The Vice President oe the Repubuc, invested with the
Supreme Executive Power, has addressed to me the following
decree :

Considering,

That at the port of San Juan del Norte, of this Republic, and
at those of Union, (a) Conchagua and Lihertad, in the South
of the same, vessels arrive that. carry away products belonging
to the Nation without the consent of the Government, and in-
troduce arms and munitions of war into the opposing State of
Salvador and some pueblos of Nicaragua, which acts hinder the
re-establishment of constitutional order, lending aid to the in-
ternal dissensions of the Republic;

That it is the undisputed right of independent governments to
regulate their commerce as may be required by the circumstances
as to the security and tranquillity of their territory at home and
abroad ;

Decrees :

1. The ports of Union, (a) Conchagua and Libertad, in the
State of Salvador, until that State lays down arms and is subor-
dinated to the authority of the National Government, are closed
to foreign commerce and to coasting trade.

2. The vessels that sail toward the port of Realejo must stop
before that of Acajutla, satisfy the duties there and ask for per-
mit to their destination, which will be issued by the military com-
mandant, if they do not carry arms or munitions of war on board.

3. While the internal dissensions of the State of Nicaragua
continue the port oi S. Juan del Norte shall likewise be closed.

^ Archives of the Ministry of Foreign Relations of Costa Rica.

4. Those who infringe this provision, after being notified by
the commandants of coastguard vessels or by any official or em-
ployee of the Republic, shall be subject to the penalties estab-
lished by the general marine ordinance, the coastguard regula-
tions and laws in force.

5. Without prejudice to its prompt and effectual execution,
this Decree is subject to the consideration of the legislative body.

Done in the National Palace in Guatemala, September 2G,
1827.

Mariano de Beltranena.

To the Secretary of State and Department of War and Marine.
And by order of the Vice President of the Republic I com-
municate it to you for your information and fulfillment.
God, Union and Liberty.
National Palace of Guatemala^. September 26, 1827.

Manuel Zea.
To the Citizen Chief of the State of Costa Rica.

Se,cretaryship of Foreign Rei<ations,

45

The Secretary General of State of Costa Rica to Colonel Doc J265
Juan Galindo, Concerning a Map of Central America and
the Port of Bocas del Toro.^

San Jose, November 18, 1834.

I brought to the knowledge of my Government your note of the
7th of October last, in order to arouse interest in furnishing you
with approximate data as to this State, which might be used by
you in the project for the preparation and engraving of a Gen-
eral Map of Central America. In view of this, I have been
notified to let you know that at present it is not possible to for-
ward any other data concerning this matter than that which is
embraced in the addition to the printed work, "Lecciones de Geo-
grafia" (Geographical Lessons), published from his own knowl-
edge by a native of the country ; but that as soon as it can gather
together further data or it shall be found practicable to commis-
sion some intelligent person to make observations in this territory,
the new information which may be acquired will be sent to you,
concerning which the Government will duly take the measures
that may be within its reach.

My Government has noted with especial appreciation the report
concerning the Port called "Bocas del Toro,'' and it deems your
effort very praiseworthy to give to the civilized world a complete
idea of beautiful Central America^, so that it may appear among
the nations in that character.

I have been desired to advise you in this way in answer to your
note mentioned, sending to you at the same time the printed
work referred to, and with the assurances of my distinguished
consideration and respect * * *

May God, etc.

November 18, 1834.

Joaquin Bernardo Cai,vo.

^Archives of the Ministry of Foreign Relations of Costa Rica.

46

Doc. 266 The Secretary General of State of Costa Rica, to the Gov-
ernor of the Province of Veragua, Concerning the Boun-
daries of the Two Countries.

AlajuKla, March 17, 1835.

The undersigned, in charo^e of the Secretaryship General of
this State, has the honor to advise Your Excellency of the receipt
of your esteemed note of the 12th of January last, and annexed
documents, relating to the question which has been raised con-
- cerning the boundaries between this and your Republic, by reason
of the establishment which the citizen Joaquin Chaves, a subject
of this Government, has undertaken to locate upon the coast of
Burica * * * ^

The Government of the undersigned has devoted to the affair
the consideration which it deserves and in consequence thereof
it has provided that a report be made with the documents referred
to and by the next post to the Supreme Executive Power of the
Republic, so that, it being within its cognizance, it may be pleased
to arrange in a manner which shall leave no uncertainty as to the
boundaries of the territory of Central America adjoining that of
New Granada. And in giving you this information in response
to your note referred to, the Government of the undersigned has
deemed it proper to state, that in its opinion there has been on
the part of Your Excellency a mistake in the division line between
the territories of the two Republics; since the boundaries of the
ancient Captaincy-General of Guatemala and the Viceroyalty of
Nezv Granada were : on the South the Punta de Burica, and on
the North the Bscudo de Veragua, which points were recognized
by the Government of Colombia about the year 1821,^ from which
it follows that the coast referred to belongs to the territory of this
Republic.

This opinion is not a definitive one, nor on account of It can the
ties which bind the two sister and friendly nations be disregarded,
but with the object of its settlement the Government of Central
America will take up the matter in due course and will be ter-

*This reference should be to the year 1825 and to the negotiations for
the Molina-Gual Treaty of March 25 in that year, between Central America
and Colombia.

47

minated by a friendly arrangement, as soon as circumstances may
permit. * * *

God, Union, Liberty.

Alajuela, MptcH 17, 1835.

Joaquin Bernardo Calvo.

Decree of the Government of New Granada, Organizing Doc. 267
Provisionally the Political Administration of Bocas del
Toro.

May 30, 1836.

The Senate and House of Representatives of Nezv Granada, in
Congress assembled :

Having seen the reports transmitted to Congress by the Execu-
tive Power concerning the existence of numerous foreign settlers
in the Islands known as ''Bocas del Toro" and on the coast of the
Province of Veragua, which belongs to the dominion of the Re-
public, and

Consider '"ng:

1. The urgent necessity that there is of undertaking to develop
the establishments for agriculture, fishery and commerce, the
foundation of which has already been begun in those islands,
affording to their settlers the advantages of a regulated civil ad-
ministration and assuring at the same time the proprietorship of
the Republic over this territory.

2. That it not being possible to issue as to this subject a com-
plete and definitive provision for the erection of a new Canton
in that territory, in accordance with the requirements of the Con-
stitution, it is desirable and proper now to adopt the provisional
measures that are most opportune.

Decre:^.

Art. 1. Until the political organization is determined, with the
constitutionar formalities which must legislatively be given to the
territory of "Bocas del Toro," bounded, on the North by the
coast which runs from the River Concepcion to that of Culebras,
in the Province of Veraguas; on the North-west by the frontier
line which separates on that side the Republic of New Granada

48

from that of Central America; on the South by the crest of the
Cordillera of Chiriqui, following its direction as far as the place
called Giiayabo; and from there by a line which proceeds by the
banks of the River Concepcion, and continuing down-stream to
its mouth, — there is established provisionally on the Island called
''Boca del Toro," upon the channel of the Dragon, an official with
the title of Political Chief {Jefe Politico) who shall have his
residence there, who shall be subject to the authority of the
Governor and whose jurisdiction shall extend to all the territory
included within the boundaries stated.

Art. 2. The settlement of the place called "Mineral," included
within the boundaries mentioned in the preceding Article is
erected into a parish district, where a parish priest shall be located,
who shall have a revenue of Four hundred pesos, which for the
present shall be paid from the national revenues.

Given at Bogota, May 29, 1836.

The President of the Senate, Valentin Troez.

The Secretary of the Senate, Francisco de Paula Torres.

The President of the House of Representatives, Juan Climaco
Ordonez.

The Deputy Secretary of the House of Representatives, Pastor
Ospina.

Bogota, May 30, 1836.

Let it be executed and published.

Francisco de: Paula Santander. (l. s.)

For H. E. the President of the Republic, the Secretary of In-
terior and of Foreign Affairs,

Lino de Pom bo.

49

Decree Authorizing the Executive Power of Costa Rica to Doc. 268'
Undertake the Opening of a Road to the Bay of Boca-
Toro (Almirante).

August 31, 1836. ^

The Supreme Head of the Free State of Costa Rica :

Whereas, the Assembly has decreed and the Council has sanc-
tioned the following order :

The Legislature at its session this day resolved to authorize the
Supreme Head to promote and assist in such a way as the means
of the State may permit, the opening of roads towards the River
Sarapiqui and the harbor of Boca-Toro.

And you are informed thereof by order of the same, for the
advice of the Executive and the purposes that may be desirable.
D. U. L. Heredia, August 31, 1836.

Manuel Antonio Bonilla, Secretary.

Manuel Jose Palma, Secretary.

Hall of the Council, Heredia, September 9, 1836.
Let it be sent to the Executive Power.

Joaquin Flores, President.

Jose Maria Echavarria, Secretary.

Therefore : Let it be executed : San Jose, Sept. 9, 1836.

Braullo Carrii^u).
To the General Minister of the Department.

Note of the Governor of Veragua to the Government of Doc. 269

Costa Rica.

Santiago, September 33, 1836.

The undersigned citizen. Governor of the Province of Veragua
in the Republic of New Granada, has the honor to address himself
to the Governor of the State of Costa Rica in the Republic of
Central America, in compliance with the express orders which
have been transmitted to him by the National Executive Authority.

The object of the present communication is to inform Your

* Collection of Laws of Costa Rica, Vol. IV, p. 364.

50

Excellency, the Governor of the State of Costa Rica, that there
has arrived at the Island of Boca del Toro on the North Coast
of this Province of Veragua, a citizen of Central America, ac-
companied by a troop of several persons, who says that he is
commissioned by the authorities of your Republic to take posses-
sion of the adjoining territory and to exercise over it govermen-
tal functions, as emanating from the Supreme action of that same
State in reference to dominion over that territory.

If these were actual facts, they would constitute an act of
aggression against the territory of Nezv Granada, within its limits,
which are the same that separated the ancient Viceroyalty from
the Captaincy- General of Guatemala in 1810, according to the
Royal cedula of November 30, 1803, which were recognized by
Art. 7 of the Treaty signed Marcli 15, 1825, between Colombia
and Central America, and of which Colombia has been in full
possession without any contradiction both before and after the
Executive Decree issued July 5, 1824, against the enterprise of
colonization and contraband trade on the Coast of Mosquitos, and
on that which runs from the River Chagres as far as that of
Culebras there is found the territory of Bocas del Toro, the politi-
cal administration of which the Congress of Nezv Granada pro-
visionally regulated by legislative decree dated May 30 last, of
which the undersigned encloses two printed copies.

As the Executive Power has already adopted the necessary
measures for the immediate execution of the legislative action
cited, a force will very soon arrive at the Island of Bocas del Toro
to re-establish on that coast the dominion and Lordship of New
Granada. For this reason the undersigned Governor has been
advised to address himself to the State of Costa Rica, making a
statement of the facts and requesting that, if the Central- Ameri-
can individuals who are now on the Island of Boca del Toro in
the character of persons charged with keeping the possession
thereof have come by order of the Government of your State, it
may be pleased to direct them to immediately withdraw, respect-
ing the rights of proprietorship of the Republic of New Granada
and leaving to its authorities the exercise of the jurisdiction that
belongs to them over said island and adjacent territory; unless
they may desire to remain here as settlers, subject to the Grana-
dian law and authorities, enjoying the many and important privi-

51

leges legislatively granted, which would be very agreeable for
this Government and for the Executive Power upon which it is
dependent.

The undersigned confidently expects that the friendly action
which has already been taken, in the name and by the express
order of the National Executive Power, will receive due attention
by the Governor of the State of Costa Rica; and that in pursu-
ance thereof orders will be duly issued as already indicated for
the return of the Central-American citizens now in the character
of commissioners in the Island of Boca del Toro, or for their
peaceful submission to the laws and authorities of the Republic.

I take this opportunity, etc.

Manue:l dE Ayai^a.

Circular of the Minister General of the Government of dqc. 270
Costa Rica to the Political Chiefs, Concerning the Open-
ing of a Road to Boca Toro.

San Jose/ September 26, 1836.i

In virtue of the authorization to the Supreme Chief by the
Decree of the 31st of August last past, to promote and assist the
opening of a road to the bay of Boca Toro, he has been pleased
to allow to any contractor who shall explore a route for trans-
portation to that point the sum of 1,500 pesos in money and 1,000
in vacant lands where he shall designate them ; assisting him also
in the expenses caused by such exploration, certified or estimated
by experts ; and for this purpose the person who shall undertake
such exploration will be assisted, under proper security, with the
money and other things he may need.

Let it be noted, that if at the same time two or more routes
for transportation shall be found, the best and the shortest shall
be preferred in making the allowance, without prejudice to un-
dertaking to indemnify the others for expenses.

I notify you of this, in order that this disposition may be given
publicity.

God, Union and Liberty.

San Jose, September 26, 1836.

J. Ansejlmo Sancho.

* National archives of Costa Rica,

52

Doc. 271 The Minister of State of Costa Rica to the Governor of

Veragua.

San Jose, November 30, 1836.

The undersigned, Minister General of the Supreme Government
of the State of Costa Rica in the Federation of Central America,
has the honor to inform the Governor of the Province of Vera^
gua in the RepubHc of New Granada, that he has brought to the
knowledge of the Supreme Head of the State the esteemed favor
of Your Excellency, No. 495, of September 23rd last past, and
has received directions to respond to it with all the attention
which the Sehor Governor merits to whom it is addressed.

The Federal Republic of Central America, by Art. 5 of its Con-
stitution, embraces all the territory which composed the ancient
Kingdom of Guatemala. Costa Rica, one of the States of which
the Federation was formed, bordering with the Republic of New
Granada, in its fundamental instrument speaking of the extent of
its territory, fixed for its limits upon the coasts of the North Sea
the mouth of the River San Juan and the Bscudo de Veragua,
which were those anciently known.

This being understood, Sehor Governor, and it being a fact
that the Bay of Boca del Toro and the islands situated therein,
are found between the mouth of the San Juan and the Bscudo de
Veragua, it also appears unquestionable that they belong to
Central America^, and that no aggression is committed by the
latter in making surveys over those points, which even if they
were disputed is authorized to be done by Art. 8 of the treaty
which exists between the two nations.

The Government of which the undersigned is the instrument,
does not have a full and perfect knowledge of the kind of commis-
sion which may have been conferred by the National Supreme
Head upon Colonel Galindo, who is the subject who without any
hostile or suspicious articles, formed in London a company for
colonization, and for that purpose sent an agent to the Bay of Boca
Toro, which incident is the object of the claim of Your Excellency;
but there are the strongest reasons for believing that the views
of the Federal Executive, in directing this reconnaissance, were
not such as to interfere in the slightest degree with New Granada,

53

with which it is much honored to be at peace and is careful to
preserve the greatest harmony, as is proper between two nations
which are bound by so many ties.

The considerations justly due to your Government, Sefior
Governor, are those which inspire this response and those which
moved the head of this State in directing the person who sub-
scribes it. The affair does not belong to him, but to the Federal
Executive Power, to whom the Constitution of this Republic g^ves
the exclusive direction of Foreign Affairs, and therefore the first
duty in the conduct of the Government of this State is to give
to him a statement with the esteemed letter of Your Excellency,
which will immediately be done.

While the two Republics are coming to an understanding and
settling their boundaries, the particular Government of Costa Rica
can offer the assurance that that of Central America, on its part,,
will not do anything that will prejudicially affect the good under-
standing which has continued and ought to continue between the
two nations.

Such are, Sefior Governor, the sentiments with which the Su-
preme Head of the State of Costa Rica is animated, and in ad-
vising Your Excellency of them the one who speaks takes great
satisfaction in subscribing himself of the Sefior Governor of
Veragua the cordial and obedient servant.

Jose Anselmo Sancho.

54

Doc. 272 The Secretary of Foreign Relations of New Granada to

That of Central America.

Bogota, March 2, 1837.
Sir:

The Governor of the Province of Veragiia addressed on Sep-
tember 23 of last year to the Governor of the State of Costa
Rica in the Central American Confederation a dispatch relating
to the news that had been received of the arrival to the Islands
of Bocas del Toro of some individuals commissioned by the
said Government to colonize that territory and rule it in its name,
and this at the very time that, according- to a legislative decree
of the Congress of Nezi^ Granada by which the administrative
regime of that territory was provisionally organized, aGranadian
authority was going to be established therein, since nobody has
ever disputed the lordship of the Republic over the said territory,
which has been an integral part of the Province of Veragua from
time immemorial. The Governor communicated in his dispatch
that very soon the Political Chief appointed over that place
would arrive with forces, and he begged, consequently, that any
obstruction that might be made to him by some official or Central
American citizens upon his arrival therein, should be removed
in due time.

The General Minister of the Supreme Government of Costa
Rica replied to the said dispatch, on November 30, stating that
the fundamental Chart of that State fixes as its limits on the
coast of the Norh Sea, the mouth of the San Juan River and the
Bscudo de Veragua; that, therefore, the Islands of Bocas del
Toro belong to it; that no aggression was committed by mak-
ing surveys, because, even if the dominion might be disputed
they were authorized by Article 8 of the existing treaty between
the two nations; that his Government had not a full knowledge
of the kind of commission that might have been conferred by
the Executive Power to Colonel Galindo, who was the subject
who had formed, in London, a company for the colonization of
Bocas del Toro; but that he supposed that there was no idea
of interferring with the rights of Nezv Granada; and, lastly
that he was giving a statement of the whole matter to your
Worship's Government, and that he hoped that the good under-

55

standing existing between the two Republics would not be
altered in a harmful manner.

This unexpected reply has caused a surprise to my Govern-
ment, because it proves that in both countries there are some
doubts relating to their boundary line, notwithstanding that by
Article 7 of the treaty of March 15, 1825, they bound them-
selves to respect the limits existing at that time, which were
the same that separated the Viceroyalty from the Captaincy-
General of Guatemala; because Costa Rica establishes the strange
principle of resolving by a law of the country, a question which
is essentially of an international character and which can only
be decided by a treaty, even according to Article 7, already cited,
of the treaty of 1825 ; and lastly because Article 8 of the same
is interpreted in an evident wrong way, inferring from it that
any of the two Governments can send officials or citizens depend-
ing on it to establish colonies in the territory of the other, giving,
furthermore, the name of surveys to such colonial undertakings.

For this reason, and on account of the special circumstance
that since December 18 there has been already established in
the territory of Bocas del Toro the Granadan authorities created
by the law to administer and preserve therein the lordship of
the Republic, which authority is charged with the duty of main-
taining in every circumstance that lordship, I have been ordered
to make known to the Federal Government of Central America
the foregoing facts and considerations, to the end that, by inter-
posing its authority, it will cut short any claim or attempt from
the State of Costa Rica to disturb the legitimate possession held
by Nczu Granada and the jurisdiction exercised by its Govern-
ment in the territory of Bocas del Toro, as it has be:en marked

OUT BY THE LEGISLATIVE DECREE OF May 30, 1836, EIXING THE
EXTREMITY OF ITS LITTORAL AT THE RiVER CuLEBRAS, WHICH IS,
AND HAS ALWAYS BEEN, THE END OF THE COAST OF VERAGUA.

It will be easy to settle, by means of negotiations, any point
of controversy existing or that may exist between the two Re-
publics relating to boundaries. My Government will be pleased
to make an agreement on this matter at any time, and even de-
sires that the boundary line of the two countries shall be fixed
in a clear and specific manner. You are aware that by a Royal
Order delivered at San Lorenzo on November 30, 1803, and

56

which was in force when Nezu Granada and Guatemala became
independent from Spain, the islands of San Andres and the part
of the Coast of Mosquitos front Cape Gracias a Dios, inclusive,
toward the River Chagres, were segregated from the Captaincy-
General of Guatemala and became dependent upon the Viceroy-
alty of Santa Fe. The treaty of 1825 followed the said Royal
Order, and, by its Articles 7, 8 and 9, the rights then existing
were confirmed and recognized. The very Constitution of the
Federal Republic of Central America states, in its Article 5, that
the territory of the Republic is the same that was embraced by
the Old Kingdom of Guatemala, with the exception of the Prov-
ince of Chiapas. Nevertheless, New Granada would not have
difficulty in ceding to Central America its rights over the Coast
OF Mosquitos, in exchange for another territory not so large,
but which could be more easily governed. In the time of the
Government of Colombia a negotiation relating to this matter
was rather far advanced, but it had no result whatever, and now
the necessity of renewing it is suggested by reason and politics.
With expression of my distinguished consideration, I have the
honor to be your courteous and obedient servant.

Lino de Pombo.
To the Secretaryship of Foreign Relations of the Government of
Central America.

0OC. 273 '^^® Minister General of State of Costa Rica to the Polit-
ical Chief (Intrusive) of the Canton of Bocas del Toro.
Concerning the Intrusion into that Region.

San Jose, March 21, 1837.

To the Political Chief of the Canton of Bocas del Toro:

* * *

* * * My Government is duly informed by your note dated
the 21st of January last as to the commission you obtained from
the Government of New Granada, under which you have occupied
by force the locality of Boca Toro, notifying the one who repre-
sented the Supreme Government of this Republic as its dependent

* National Archives of Costa Rica.

57

to withdraw ; and it having been preceded by another letter con-
cerning the matter by the Senor Governor of Veragua, of which: —
as well as your communication — an account has been given to the
Supreme Executive Power who has charge of the matter, it is
my understanding that nothing more can be done about it, —
pending the action of the President of the Republic, — except to
refer to the considerations and sentiments submitted to the Gov-
ernment of Veraguas in the response of which I annex a copy
herewith. * * *

God, Union, Liberty.

San Jose, March 21, 1837.

Jose Anselmo Sancho.

Decree X. — Grant to the Colonel Juan Galindo and His ^^^' ^74
Successors of the Dominion and Ownership of the Mines
of Tisingal.

HerEPIa, May 3, 1837.1

The Supreme Chief of the Free State of Costa Rica.

Whereas, the Assembly has decreed and the Council has ap-
proved the following:

The National Assembly of the Free State of Costa Rica, having
taken cognizance of the proposal made by Colonel Juan Galindo
to work the mines of Tisingal, and considering that this enter-
prise will in different ways be advantageous to the State and in
all its aspects an active impulse to agriculture, industry and com-
merce, decrees:

Art. 1. The absolute dominion and ownership is granted to the
aforesaid Colonel Juan Galindo, for himself and his general and
special successors, of the mines of Tisingal, which are found in
the hill of that name, in the neighborhood of the Port of Bstrella^
on the coast of the Caribbean Sea, with an area of thirty-two
cahallerias of ground about it; and the use of the waters, coal
and wood adjacent and necessary for the work and operations;
with a road for transit from the mines to the sea ; and with the
power of alienation to citizens or foreigners as he may desire.
All under the conditions of the following articles :

* Collection of Laws of Costa Rica. Year 1837, Vol. 5.
' Changuinola River.

58

Art. 2. Within the term of four years Colonel Galindo must
begin work at the mines, but this may be carried on in the way he
deems best.

Art. 3. He shall give to the State one percentum of the metals
produced by the aforesaid mines.

Art. 4. Upon an abandonment voluntarily by the owner or his
representative for the period of four months, the mines shall
return to the dominion of the State.

To the Representative Council.

Given in the City of Hercdia, May 11, 1837.

Jose Juuan Bi^anco, President.

Felix Sancho, D. Secretary.

Juan B. Bonilla, D. Secretary.

Council Hall. Heredia, May 2, 1837.
Let it be passed to the Executive Power:

Juan Mora, President.
Jose M. Echavarria, Secretary.
As set forth: let it be executed: San Jose, May 3, 1837.

MANUEiy Aguilar.
To the Minister General of the Department.

Boc. 275 Decree of the Government of New Granada Creating the
Canton of "Bocas del Toro" in Veragua.

Bogota, May 26, 1837.

The Senate and House of Representatives of New Granada in
Congress assembled:

Having seen the report of the Executive Power, approving the
request of the Chamber of the Province of Veragua, and acting
under provision 18, which is conferred upon them by Art. 74 of
the Constitution :

They Decrkk

Sole Article: The parochial districts of Mineral and Bocas
del Toro, in the Province of Veragua, shall form a Canton, the
headquarters of which shall be the parochial district of "Bocas

59

del Toro;" and the boundaries of this Canton shall be those desig-
nated in Art. I of the Decree of May 30, 1836, which continues in
force.

Given at Bogota, May 22, 1837.

The President of the Senate: J. J. Gore.

The President of the House of Representatives: Judas T.
Landinez.

The Secretary of the Senate : Francisco de Paula Torres.

The Delegate Secretary of the House of Representatives. Pastor
Ospina.

Bogota, June 13, 1837.

Let it be executed and published:

Jose Ignacio Marquez. (l. s.)

For H. Ex. the President of the Republic.
The Secretary of Interior and Foreign Relations : Lino de
Pombo.

Dissolution of the Federal Pact of Central -America, by the Doc. 276
Congress of Costa Rica, 1838.

The Constituent Congress of the Sovereign State of Costa Rica,
considering : —

1. That upon the severing of the ties which bound Costa Rica
to the Government of Spain, at the time of its independence, it
regained its natural rights of absolute sovereignty and liberty ;
and consequently it became a party to the Pact of 1824 in the
capacity of a political, sovereign and independent body ;

2. That the National Constituent Assembly had no power to
annul those sacred ordinances by a system opposed to the ends
which had been proposed and in contradiction to their very prin-
ciples ;

3. That the said Pact has been considered void, as being clearly
opposed to the wishes of the States and to their welfare:

4. That energetic claims have been made, not only as to the
nullity of the Pact, but that it will put an end to the cause of the
evils endured;

5. That having exhausted the resources possible, inasmuch as
the National Representation oppose the destruction of that system

60

of union, no other means remained to Costa Rica for its protec-
tion except to use the right it unquestionably has to provide for
its own welfare and development;

6. Being desirous of putting an end to the existence of that
system, which is causing the ruin, not only of Costa Rica{, but of
the whole of the Republic ;

7. That before the issuance of the Decree of May 30th, which
restored to the States the liberty to undertake obligations, Costa
Rica had already made a strong declaration of its rights; and
that for such noble purpose its Constitutional Assembly met, in
order that a Constituent Congress be convoked.

The latter, in the fulfillment of its first duty, and in conformity
to the will of the people whom it represents, has resolved to and
does decree: —

Art. 1. The people of Costa Rica assembled together through
their representatives, assume their full sovereignty, they form a
free and independent State, and in the capacity of a political body
will meet through their delegates to enter into a federal compact,
one of league or union, with other States that may desire in the
same capacity to do so.

Art. 2. They declare that they belong to the great Central
American family and that they are desirous that the bonds of
association with it shall always continue to exist.

Art. 3. That they will agree to bear their proportional part of
the national debt, for which purpose they will pledge their
revenues.

Art. 4. That they will appoint, by means of a constituent as-
sembly and by a separate decree, the persons who are to represent
Costa Rica in the convention of the States.

Art, 5. The Executive is empowered to use all the means at
his disposal to encourage those appointed by the other States to
gather at the place and time indicated for the holding of the
meeting of the popular delegates.

Art. 6. The Federal laws shall continue in force in so far as
not in contravention of the present Decree.

61

The Escudo de Veragua and the River Chiriqui, Bounda- Doc. 277
ries of Costa Rica in 1841.

DhcreK II. — Rasf.s and Guaranties.

March 8, 1841. 1

Article: i. * * *

Sec. 2. The territory of the State is embraced within the fol-
lowing limits : upon the West the River La Flor, the line continu-
ing by the littoral of Lake Nicaragua and the River San Juan,
to the outlet of the latter into the Atlantic Ocean ; upon the
North, the same Ocean, from the mouth of the River San Juan
to the Escudo de Veragua; upon the East, from said point to
the River Chiriqui; and upon the South from this River, follow-
ing the coast of the Pacific Ocean, to that of La Flor.

Sec. 3. The territory is divided into five Departments, the
headquarters of which are Cartago, San Jose, Heredia, Alajuela
and Guanacaste. To the first belong the settlements lying be-
tween Maiina and the River Pierro ; to the second, from the
latter River to that of Virilla, including the villages of Terraba
and Boruca; to the third, from the said Virilla to the River
Segundo; to the 4th from there to the River Chomes; and to the
fifth, from there to that oi La Flor. They are divided into Villas,
and these into districts and wards; keeping however the
designations acquired down to the present time of City or Town,
but hereafter these shall only be granted for great services to
the State. When the increase of population requires another
demarcation of its Departments, this shall be made upon the basis
of not less than 30,000 inhabitants in each one.

' Collection of Laws, Decrees, etc., of Costa Rica ; Vol. VII, p. 16.

62

Doc. 278 Decree XL. — Directs the Observance of the Treaty Cele-
brated with the State of the Isthmus (Panama) and Re
serves the Right of Costa Rica to the Region of Bocas
del Toro.

San Jose, September 22, 1841.i

The Supreme Chief of the State of Costa Rica:

H. E. the President of the State of the Isthmus having ratified,
within the period of the extension which was requested for that
purpose, a treaty of friendship and commerce concluded and
signed between that State and that of Costa Rica, in the city
of San Jose, on the 23rd of September of the past year of 1841,
after the formahty prescribed in Clause 2, Sec. 1, Art. 5 of the
Decree of bases and guaranties, decrees :

Sole Article : The following treaty shall be kept and complied
with from this day forth as a law of the State:

"The Licentiate Braulio Carrillo, Supreme Chief of the State
of Costa Rica, and Pedro de Obarrio, specially authorized by the
Government of the State of the Isthmus, in order to inaugurate
the relations of friendship and commerce that well cultivated
ought in the future to promote the happiness of the two States,
which by their proximity and geographical position upon the globe
are destined to figure among cultured peoples, have agreed upon
the following points :

"1. The-State of Costa Rica recognises the independence of the
Isthmus from the Republic of Nczv Granada; and will under-
take and maintain with it those relations of friendship and com-
merce which are due to a sovereign State ruling itself.

"2. Therefore, a land post shall be established, which will run
monthly between the two countries; and it shall go from the
capital of Costa Rica on the 10th and arrive at the village of
David, the first frontier place of the State of the Isthmus ; it
shall be paid for by the two Governments.

"3. Both the Governments of Costa Rica and that of the Isth-
mus, when it suits their commerce respectively, may authorize
a Consul General, reciprocally.

"4. The State of Costa Rica reserves its right to claim from the

'Collection of Laws of Costa Rica; Vol. VII, p. 234.

63

State of the Isthmus the possession of Bocatoro upon the Atlantic
Ocean, which the Government of Neiij Granada had occupied,
going beyond the division line located at the Escudo dk Vkra-

GUAS.

"5. The present agreement will only take effect upon the day
that the acceptance and ratification of the Government of the
Isthmus are received at the Department of (Foreign) Relations
of the Government of Costa Rica; for which purpose sixty days
are stipulated, counting from this day, which must be communi-
cated by an express going to the village of Terraba, the first
frontier place of the State of Costa Rica,

"The undersigned sign two of one tenor, authorized by the Min-
ister of Foreign Relations of Costa Rica\, and sealed with the
seal of this State, in the city of San Jose, on the 22nd of Sep-
tember, 1841.

"Braulio CaRRIIvLO.
"Pedro de Obarrio."

The Secretary General : Manuel A. Bonilla.

The Secretary of State of Costa Rica to the Governor of
Belize, Rejecting the Pretensions of the Mosquito King
to the Coast of Matina.

San Jose, April 20, 1841. ^

Sir:

There was received in the Department under my charge the
communication of Your Worship, dated the 5th of February of
the present year, stating that news had come to your notice of the
intention of this Government to take possession of Salt Creek and
Mow, the coasts of which you consider belong to the King of the
Moscos (Mosquitos Indians), who being an ally of His Brit-
tannic Majesty will not permit the usurpation of his territory.

The aforesaid having been brought to the knowledge of the

Doc. 279

National Archives of Costa Rica.

64

Supreme Chief of the State, he was pleased to direct me to
give his answer in the following terms :

1. That Costa Rica does not claim to appropriate to itself
nor to occupy another's country, but to keep its own, which be-
longs to it by its nature, by possession for long years and by the
recognition which has been accorded thereto by all the Nations
of the New and Old World, not only under the rule of the Span-
iards but since the epoch of the political separation of this part
of the continent from its Mother Country.

2. That this is the first positive information which he has had
of the alliance of H. B. M. with the King of the Moscos; for
although it has been stated by some interested persons upon the
said coasts, it was considered as a boastful expression to awe the
weaker by the power of the stronger; inasmuch as it could not
really be conceived that the dignity of Great Britain would go to
the extent of contracting with a people without political relations,
without prestige or power.

Far from this, there may be read in the "Atlas," of London, of
the 26th of September of the past year an article which says:
"We have made enquiries concerning the matter and we are au-
thorized to say that the Commission sent out by the Superintend-
ent of Honduras has not received the sanction of the Government,
and that the same Government in no way makes itself responsible
as regards the situation in which British subjects may find them-
selves who are persuaded to emigrate to the Mosquito Coast;"
and this public statement by an accredited periodical could only
strengthen the view expressed that the name of the British Nation
had been misused.

3. That the Mosquito people, located between the 13th and 15th
degrees of North latitude, and the 85th and 88th of West longi-
tude, border on the South upon the State of Nicaragua', upon
the West upon that of Honduras, and upon the North and East
upon the Atlantic Ocean ; in such a manner that between their
possessions and those of Costa Rica the territory of Nicaragua is
interposed, because our boundary upon the West being the River
San Juan and its bay, and upon the East the Bocas del Toro, there
is no contact between Costa Rica and the Mosquitos.

4. That although said coasts, since the war of 1740,^ when the.
English destroyed the castle which existed thereon, only continued
to be settled at Matina, this did not transfer nor could it transfer
dominion to the Mosquitos; and although they received presents
from the residents of Matina in exchange for other things, it
neither is nor can be considered as a payment of tribute by them,
which pretext is now brought forward by them to support their
purposes ; but it ought rather to be said that they recognized the
authority and came to pay homage to it. It is not the intention
of the Government of Costa Rica on this account to reduce them
to vassalage, nor to undertake the conquest of the territory in
which they live ; it desires rather that they should become civil-
ized and to contribute in some way to this end.

Perhaps the British Government may have taken them under
its protection in order to save them from barbarism and make
them useful in the world to themselves and to others, but not in
order to despoil Costa Rica, nor any of the other neighboring
States, of their possessions and rights; for if that object be a
worthy one for a great and dignified Nation, such a purpose
would lessen its credit and the Royal magnanimity of its sov-
ereign.

When the pretensions of the Moscos were brought to the notice
of the Supreme Chief of this State, inspired by a company formed
in Belize, addressed to its Government, under date of September
29th of the past year, that claim was answered in the same
Belize on the 14th of January of the present year, and in view of
that he prepared a protest which he has published and addressed
to it on the 23rd of February last in duplicate, which he supposes
must have gone to Belize for its answer.

Thereupon the Sefior Vice Consul resident at Belize, as the only
British employee with whom Costa Rica has relations, sent the
communication of which I enclose a copy to Your Worship.

Now he presents the statement of these antecedents to H. M

^The castle of San Fernando de Matina was taken and destroyed by
the English and the Mosquitos on the 13th of August, 1747. In 1740 the
castle had not yet been constructed. The error of Senor Guevara arose
from that of Alcedo, in his "Geographical Dictionary of the West
Indies." M. M. P.

'66

under the conviction that, aUied with and protector of the Moscos,
he will compel the latter to do justice and respect the rights of
Costa Rica.

I have the honor, Senor Governor, to forward to you the views
of the Supreme Chief of this. State, in response to the contents of
yours dated February 25th last, subscribing myself your obe-
dient servant.

Modesto Gue:.vara.

Doc 280 Limits of Costa Rica, According to the Political Consti-
tution of the State, Issued April 9, 1844.^

Title II.

Art. 47. The State recognizes as the limits of its territory on
the West, from the outlet of the River of La Plor on the Pacific,
and continuing the line by the littoral of Lake Nicaragua and
River San Juan to the outlet of the latter in the Atlantic ; on the
North, the same Sea from the mouth of the San Juan to the
EscuDO DE Veraguas; on the East, from this point to the River
Cririqui, and on the South from the mouth of this river to that
of La Plor; moreover the frontier line on the side of the State
of Nicaragua will be definitely fixed when Costa Rica is heard in
the national representation, or in default of the latter the matter
is submitted to the impartial judgment of one or more States of
the Republic.

Art. 48. The State shall be designated, "Free State of Costa
Rica."

'Collection of Laws of Costa Rica, Vol. VIII.

67

Treaty Between the United States and New Granada of Doc.aSi
December 12, 1846.^

(Extract.)
Article; XXXV.

The United States of America and the Republic of New Gra-
nada, desiring to make as durable as possible the relations which
are to be established between the two parties by virtue of this
treaty, have declared solemnly and do agree to the following
points :

1st. For the better understanding of the preceding articles, it
is and has been stipulated between the high contracting parties
that the citizens, vessels, and merchandise of the United States
shall enjoy in the ports of Near Granada, including those of the
part of the Granadian territory generally denominated Isthmus of
Panama, from its southernmost extremity until the boundary of
Costa Rica, all the exemptions, privileges, and immunities con-
cerning commerce and navigation which are now or may here-
after be enjoyed by Granadian citizens, their vessels and mer-
chandise; and that this equality of favors shall be made to extend
to the passengers, correspondence, and merchandise of the United
States in their transit across the said territory from one sea to
the other. The government of New Granada' guarantees to the
government of the United States that the right of way or transit
across the Isthmus of Panama, upon any modes of communica-
tion that now exist or that may be hereafter constructed, shall
be open and free to the government and citizens of the United
States, and for the transportation of any articles of produce,
manufactures, or merchandise, of lawful commerce, belonging
to the citizens of the United States ; that no other tolls or charges
shall be levied or collected upon the citizens of the United States,
or their said merchandise thus passing over any road or canal
that may be made by the government of New Granada, or by
the authority of the same, than is, under like circumstances, levied
upon and collected from the Granadian citizens ; that, any lawful

'Senate Ex. Doc. No. 194, 47th Congress, 1st Session, p. 186.

68

produce, manufactures, or merchandise belonging to citizens of
the United States thus passing from one sea to the other, in either
direction, for the purpose of exportation to any other foreign
country, shall not be liable to any import duties whatever; or,
having paid such duties, they shall be entitled to drawback upon
their exportation ; nor shall the citizens of the United States be
liable to any duties, tolls, or charges of any kind to which native
citizens are not subjected for thus passing the said isthmus. And,
in order to secure to themselves the tranquil and constant en-
joyment of these advantages, and as an especial compensation for
the said advantages, and for the favors they have acquired by
the 4th, 6th, and 6th articles of this treaty, the United States
guarantee positively and efficaciously to New Granada, by the
present stipulation, the perfect neutrality of the before-mentioned
isthmiLS, with the view that the free transit from the one to the
other sea may not be interrupted or embarrassed in any future
time while this treaty exists; and, in consequence, the United
States also guarantee, in the same manner, the rights of sover-
eignty and property which New Granada has and possesses over
the said territory.

69

DOCUMENTS RELATING TO THE COAST OF Doc. 282
MOSQUITOS.

I. Viscount Palmerston, Secretary of State, to Mr. Chat-
field, Consul General of H. B. M. in Central America.

Foreign Office, January 30, 1847.^

I am desirous of obtaining the most authentic information that
can^be procured as to the boundary claimed by the King of Mos-
quito, and for this purpose I have instructed you to transmit to
this office all the information which it may be in your power to
obtain as the exact line of boundary claimed by the King of
Mosquito, as dividing his territory from the State of New Gra-
nada and from the States of Central America.

In your report you will state the grounds upon which any and
each particular line of boundary can on the one hand be claimed
by the King of Mosquito, or may, on the other hand, be rejected
by Nezv Granada or Central America.

You will accompany your report by lines drawn on a map for
convenience of reference.

You will also report what, in your opinion, is the line of
boundary which Her Majesty's Government should insist upon as
absolutely essential for the security and well-being of the Mos-
quito State.

II. Mr. Chatfield, Consul General of H. B. M. in Central Doc 283

America.— (Received July 8) — (Extract).

Guatemala, April 15, 1847.

I had the honour of receiving your Lordship's despatch of the
30th January last, instructing me to report —

1st. Upon the exact line of boundary claimed by the Mosquito
King as dividing his territory from the State of New Granada
and from the States of Central America;

2nd. Upon what, in my opinion, is the line of boundary which

^ Correspondence respecting the Mosquito Territory presented to the
House of Commons, July 3, 1848, etc.— London. A similar despatch was
addressed to Mr. Walker, January 30, 1847, and to Mr. O'Leary, Feb-
ruary 16, 1847.

70

Her Majesty's Government should insist upon as absolutely essen-
tial to the security and well-being of the Mosquito State.

In replying to the first question I have to observe that nothing
has reached me officially to enable me to state positively what is
the line of boundary claimed by the King of Mosquito; neverthe-
less the subject has sufficiently attracted my attention to cause me
to take pains to collect information upon it ; and in giving the re-
sult of my inquiries, I shall be gratified if it should prove ac-
ceptable to your Lordship.

The pretensions of sovereignty assumed by New Granada to
the whole of the Mosquito Territory will, I conceive, be found
upon examination quite irregular, and rest merely on the Royal
Order of San Lorenzo of 30th November, 1803, separating for
military purposes from the Captaincy-General of Guatemala the
Islands of St. Andrew and that part of the Mosquito shore from
Cape Gracias a Dios inclusive towards the River Chagres, and
making them dependent on the Viceroy alty of Santa Fe de
Bogota; which order was never carried into eflfect any more
than the decrees are allowed to have been which the Government
of Spain has issued at diflferent times in a view to regulate the
internal affairs of its American provinces generally, after they
had declared their independence of its rule.

The Royal Order of San Lorenzo above alluded to is, I con-
clude, the only act upon which the New Granadian Government
attempts to found a claim to the Mosquito Territory; and it is
strange that a measure of such importance as that order seems
to involve — the transferring of a vast tract of country from one
Government to another — should not have been provided for in
a formal manner by a Royal Cedula, or Order of the Sovereign
in Council, instead of by a simple ministerial notification of in-
struction, which the Royal Order of San Lorenzo only amounts to.

The main point is, whether the New Granadian Government
has a just claim to any part of the Mosquito King's territory,
or to any part of that of Central America; and I request to lay
before your Lordship such particulars as I have been able to
collect respecting the origin and effect of the Order of San Lo-
renzo of 30th November, 1803 ; trusting that what I shall state
will appear to Her Majesty's Government a sufficient ground for
declining to recognize the right of New Granada to an extension

71

of territory beyond the boundaries on the" Central American side,
as they existed previous to the independence of both countries
of Spain, since it is demonstrable that Nezv Granada has never
acquired either a military or civil jurisdiction over the Mosquito
and Central American territories, nor any title to treat for the
division or appropriation of States which do not belong to it.

The history of this Royal Order of San Lorenzo appears to be,
that Captain Thomas O'Neill, Governor of St. Andrezu, being
at variance with the Captain General of Guatemala, under whose
orders he was placed, applied to the Spanish Court for an acces-
sion of rank and pay, and for the transfer to the Viceroyalty of
Santa Fe of St. Andrew and the coast adjacent, alleging the great
distance of his post from Guatemala, and the greater facility of
communicating with, and in case of need receiving assistance
from Carthagena, which at the time was a considerable naval
station of Spain.

This suggestion was received and treated in a purely military
sense, and was in consequence referred to the opinion of the
Committee of Fortifications and Defense of the Indies, who re-
ported thereon favourably to Captain O'Neill's wishes. But there
is nothing to show that the political and jurisdictional authority
of the Government at Guatemala over the places transferred to
the Viceroy of Santa fe was affected by the measure, or that it
ever came under the notice of the Supreme Council of the Indies,
since no orders on the subject were transmitted to the legislative
branch of the Government of Guatemala, represented by the
President and Oidors ; or that it was otherwise considered than
(as the report of the Committee of Fortifications states) a means
of uniting, for the better defence of the King's possessions to-
wards Cape Gracias a Dios, the military command in that direc-
tion to the Viceroyalty of Neza Granada, whose large naval and
military means were concentrated at Carthagena, so as to leave
the Captain-General of Guatemala at greater liberty to provide
for the security of the coast more immediately within his reach
to the northward. And thus it is that the Viceroy of New Gra-
nada never exercised a legislative authority within the territory;
nor is there any trace of an establishment or local government
subject to his rule having at any period existed on the coasts of

, 72

Mosquito or of Central America, while it is equally true that
Colombia abstained from any such occupancy.

In 1824 the Colombian President Santander, in consequence of
the project of MacGregor to settle at Poyais on the Mosquito
shore, issued a decree dated July 5, 1834, founded on the Royal
Order of San Lorenzo, declaring all persons attempting to colo-
nize that part of the coast liable to severe penalties ; giving direc-
tions, about the same time, to take possession of St. Andreu/s
and its dependencies. •

On the 23rd September, 1836, the Governor of Veragua wrote
to the Chief of the State of Costarica, to protest, on the plea of
the Order of San Lorenzo, against the occupation of Boca del
Toro by Central American citizens, as had been projected by the
deceased Colonel Galindo ; announcing that by virtue of Decree of
May 30, 1836, the place would immediately be taken possession
of by a competent force, with the functionaries necessary for
establishing a local Government on the part of New Granada.

On the 30th of November, 1836, the Chief of Costarica replied
to this notification, by stating that Article V of the Federal Con-
stitution of Central America declares the territory of the Repub-
lic to be that which formerly composed the ancient Kingdom
of Guatemala; and that of Costarica, the State bordering on the
Republic of New Granada, in its fundamental charter, in speak-
ing of the extent of its territory, declares its boundaries on the
coasts of the Atlantic to be fixed in one direction by the mouth
of the River St. John, and on the other by the Bscudo of Vera-
gua, which were its anciently recognized limits. Upon this the
Chief argues that the Bay of Boca del Toro and its islands being
placed within the tract of seaboard between St. John's River and
the Bscudo of Veragua, are unquestionably the possessions of
Central America; and that in sending settlers thither, no offence
is committed against New Granada; and his letter concludes by
stating that the whole matter will be referred to the considera-
tion of the Federal Government.

In 1838 intelligence reached Bogota of negotiations being
opened with Central America, for constructing a canal across
Nicaragua; and on the 24th of March, a representation was made
by Congress to the President on the subject, who expressed a de-
termination, dated 3rd May following, founded on the Royal

73

Order of San Lorenzo above cited, to assert the assumed rights
of New Granada to the whole territory, including St. John's
River.

The Colombian Governrrtent has occasionally acknowledged the
rights of the Mosquito Chief to the territory comprised within
the tract of country named in the Royal Order of San Lorenzo;
and in 1825, Lieutenant-Colonel Goidot, a Frenchman, who after-
wards served in Central America, went to the Mosquito shore
with a Colombian colonel to persuade the Mosquitos to declare
themselves dependent on Colombia. The King told them that
the Spaniards had never conquered the country, and that the Mos-
quitos were not subject to Colombia; but being under English
protection, he must refer them to the Governor of Jamaica.

In 1841, Antonio Escalano, the Commandant of St. Andrew,
wrote to the King of the Mosquitos,, inquiring if certain fugitive
slaves had arrived "at Cape Gracias a Dios, appertaining to your
territory," and offering to pay the expense of their return.

The boundaries of the Captaincy-General of Guatemala, and
the Viceroyalty of Santa Fe, which subsequent events consequent
upon their independence of Spain, have not changed, are de-
scribed by Domingo Juarros in his ''History of Guatemala," a
work containing much valuable information, being for the most
part a compilation of ancient official records. He says that the
jurisdiction of the Royal Audiencia and Chancery of Guatemala
extended along the shores of the Atlantic, from the coast of
Belize in the Bay of Honduras, to the Bscudo de Veragua, and
on the Pacific coast from the bar of the River Paredon in the
Provinces of Soconusco to the mouth of the River Boruca'^ in
that of Costarica.

The River Chilillo was its boundary towards Oaxaca, and it
extended to the district of Chiriqui towards the south-east,
where the jurisdiction of Santa Fe terminated.

The Collection of the Laws of the Indies -fix the respective
limits of the ancient Kingdom of Guatemala, and of the Vice-
royalty of Santa Fe and New Granada; and the dispositions which
established the Governments of these sections of America could
not be altered by a simple order of the Minister of War, while,

* River Chiriqui Vie jo.

74

as I have before stated, to make a political and jurisdictional
change in the administration of the country, it was essential to
consult the Supreme Council of the Indies, whose sanction, if
given, would have been communicated, in the customary form to
the President and Oidors of this Captaincy-General for its ful-
fillment. However it appears that soon after the representation
of the Captain-General of Guatemala upon the inconveniences of
the proposed measure, the state of affairs in the Peninsula pre-
vented any further progress in it; and no alteration of the pre-
vious regulations, even in the purely military view contemplated
by the Order of San Lorenzo, was ever made.^

Besides the Law of the Indies and Juarros' work, which, give
the boundaries of Nem Granada in the time of the Spaniards,
Humboldt and other recent authorities agree in fixing the limits
of Colombia in the same way, and describe it as consisting of
sixteen provinces, without taking any notice of the Mosquito
coast between Cape Gracias a Dios and Chagres.

As to the exact line of boundary .claimed by the King of Mos-
quito as dividing his territory from the State of New Granada
and from the States of Central America, I am unable, as before
stated, to give a positive reply ; but I find amongst my notes, that
the "Act of Allegiance to the Hereditary Pnnce Frederick
(crowned at Belize, 18th January, 1816, eldest son of the former
King George, and brother to Robert Charles Frederick, crowned
in Belize, 23rd April, 1825, lately deceased), signed by Prince
Stephen, King Regent, and the Chiefs and people of the Mosquito
. coast at Woolang, 14th November, 1815," describes the southern
Mosquito shore as comprising the several townships from Wanks
River to Boca del Toro.

This Act, of which I regret I have no copy, probably exists in
the Colonial Office. However, in 1839 the Mosquito King issued
a notice to persons trading at Moin or Matina, which was sent to
the Government of the State of Costarica by its officer there,
and published in the official gazette, asserting his right of sov-

* Mr. Chatfield was unaware that many subsequent alterations were
made of the regulations regarding the Mosquito Coast. The state of af-
fairs in the Peninsula did not prevent the Spanish Government from issu-
ing regulations and decrees in derogations of the Royal order of San
Lorenzo, November 20th (30th), 1803. M. M. P.

75

ereignty to the port, and forbidding the payment of either import
duties or port charges to the Costarica Government.

In a letter from Colonel Macdonald, Her Majesty's Superin-
tendent in Honduras, to the New Granada Agent at Boca del
Toro, dated on board Her Majesty's ship 'Tweed/' August 19,
1841, Colonel Macdonald states that the object of his visit to
the coast is to communicate a message from the Queen of Eng-
land to the Mosquito King, and to ascertain the proper limits of
the Mosco dominions. He hopes "as this place (J5 oca del Toro)
is disputed territory, and the greater part of the inhabitants are
of English origin or conection, and first located themselves under
the protection of the Mosquito King, that the New Granadtan
authorities will carefully avoid any act prejudicial to British sub-
jects, which may embroil Granada with Great Britain."

I annex a memorandum on the nature and object of the trading
licenses issued by Colombia some years ago, lest that Government
should now desire to argue, — although they did not apply to the
Mosquito shore, or to places westward of Boca del Toro)^ — that
the power of issuing them implied a right of sovereignty on the
coast over which they extended.

In addition to the preceding, I request to annex extracts from
Roberts' Narrative, a plain work, evidently the result of personal
observation in the countries it describes. They relate to the
occasional levy of tribute by vessels under the authority of the
Mosquito Chief; and on the alleged acknowledgment of native
tribes along the coast, the proof of right to the territory south-
ward of St. John's River is considered to rest.

The nautical missions of the Mosquito King have extended to
King Buppam's Rock, which, from what I can learn, is situated
at the southern extremity of the Island Bscudo de Veragua, in
lat. 8° 46' 33" north, long. 81° 27' 15" west.

In my opinion the line of boundary which Her Majesty's
Government should insist upon as absolutely essential to the well-
being of the Mosquito State, is that tract of seaboard situated
between the right bank of the River Roman, where several Eng-
lish mahogany works are established (but which are much an-
noyed and.harrassed by the undue interference of the Honduras
Government), and the left bank of the River St. John, — an ex-
tent of territory, it is asserted, that the Mosquito Indians have,

76

ever since the country was known to Europeans, possessed and
used without any other people whatsoever interfering with their
native right of doing so.

Various reports upon the boundaries of the Mosquito shore,
the condition of the people, and the number of the settlements
existing, showing the correctness of these limits; and the his-
torian Juarros, whose testimony cannot be doubted in such a
matter, describes two provinces peopled by uncivilized Indians,
as lying between the Provinces of Comayagua and Nicaragua,
which he says extend along the Atlantic coast from the River
Agudn or Roman to that of St. John.

The Government of New Granada, in soliciting Her Majesty's
Government to entertain a discussion with it upon the boundary
of Mosquito, evidently aims at obtaining the powerful sanction
of Great Britain to territorial pretensions of considerable magni-
tude, embracing an extent of upwards of eighty leagues of sea-
board from Cape Gracias a Dios to St. John's River, and involv-
ing the suppression of the small State of Costarica along the
entire Atlantic coast, with a view to place under the control of
New Granada the navigation of the River St. John, and conse-
quently of the Lakes of Nicaragua- and the intended ship-canal,
so as to render it impossible for any one at any time to under-
take the connection of the two oceans by means of the River St.
John and the Lake of Nicaragua, without its previous concur-
rence and co-operation.

It will be, essential that New Granada should prove that these
rights or pretensions to an extent of teritory beyond the Chiriqui
River (its divisor ial line in the Spanish time) to the westward,
rest on something more solid than the Royal Order of San
Lorenzo of November 30, 1803, or that such order was not a
purely military measure recommended by local circumstances,
and that it was a political measure commanded by necessity and
duly enforced.

Without this Her Majesty's Government cannot, I apprehend,
without inconveniently committing itself, acknowledge the rights
assumed by Nezu Granada in this instance to a territory over
which no legitimate claim, and over which another party has a
title of some weight.

Moreover, looking at the probable destinies of these countries,

11

considerable advantages might accrue in aftertimes by reserving
for settlement with Central America or Costarica (the only
proper parties), the rights of Mosquito beyond St. John's River,
since the line of boundary between New Granada at its Province
of Veragua and Costarica, must be held to stop at the River
Chiriqui.

In the event of proofs being laid before your Lordship by
others, of the Mosquito Chief's right along the coast eastward
of the River St. John to the Bscudo of Veragua or King Bup-
pam's Rock, they will help to confirm the ideas I have endeavored
to express. In the meantime, considerable benefit would result
to British interests by an early assertion for Mosquito of his
clear right to the territory contained within the limits of the
Roman River on the west and the River St. John on the east.

III. Mr. OXeary, Charge de Affaires of H. B. M. in Bo- ^oz-^A
gota to Lord Palmerston. — (Received September 6).

Bogota, June 29, 1847.

With reference to your Lordship's despatch of the 16th of
February last, and to my despatch of the 10th ultimo, both on
the subject of the boundaries of the Mosquito Territory, I have
the honour to acquaint your Lordship that I have endeavored
to obtain some authentic information respecting the boundary
claimed. by the King of Mosquito. Until lately, when a claim
was asserted by some civil and military servants of Her Majesty,
on behalf of the King of Mosquito, to certain portions of the
coast to the south of the River San Juan, I understand that that
river was the southern boundary of the King's territory. And
as far as a title can be acquired by a state of perfect indepen-
dence, by long and uninterrupted possession, and the cultivation
of the soil, by the absence of any Spanish establishment or settle-
ment whatever, and even by the recognition of that independent
State in former times by Spanish authorities, the title of the
King of Mosquito to the territory between Cape Camaron and
the River San Juan, cannot be fairly disputed.

Nevertheless, both Central America and New Granada assert
a right to that portion of the coast lying between the CniRiQuf

78

Lagoon and Cape Gracias a Dios. Both these RepubUcs pre-
tend to derive their rights from the King of Spain. On a former
occasion I stated facts which in my opinion destroyed or impaired
those rights ; but assuming that the Spanish Sovereigns had a
perfect right of dominion over the contested territory, it would
appear that that right devolved upon Nciv Granada rather than
upon Central America, for under the colonial rule, the jurisdic-
tion over the territory in question, after being transferred with
frequency from the Viceroyalty of Nezv Granada to the Captain-
Generalship of Guatemala (now Republic of Central America)
and vice versa, and at one time from that of both these colonies
to the Captain-Generalship of Cuba, was finally restored to New
Granada by Royal letters-patent" dated the 20th of November,
1803. Th,erefore if the right of the Spanish Sovereigns was
vaHd, so also is that of New Granada, and consequently the pre-
tension of Central America is arbitrary and null, and the insignifi-
cant establishment at the mouth of the Ritfer San Juan, and that
at Matina or port of Cartago, are usurpations. Therefore it is
not necessary, and it may be prejudicial to the object your Lord-
ship has in view, to enter into negotiations with Central America,
which Republic cannot confer rights which do not belong to her,
at least as far as regards the sea-board.

The question then lies between the King of Mosquito and New
Granada. This Republic has no possessory rights on the coast
between the Chiriqui Lagoon, (in the vicinity of which, at Boca
del Tore, she formed a settlement), and the River San Juan;
and I am inclined to believe that the Granadian Government
would gladly accept that river as the north-western boundary
of the Republic. And looking at the map, the River San Juan
would seem to aflford to the King of Mosquito a distinct and
secure boundary line on that frontier.

But the extent and importance of the tract of coast situated
between the River San Juan and the Chiriqui Lagoon, cannot
be overlooked, in connection with the interests of the King of
Mosquito. If the pretensions of the King to this portion of the
coast could be maintained, the Chiriqui Lagoon, which affords
safe anchorage, would likewise form a secure frontier.

I would therefore respectfully suggest the expediency of set-

79

ting the whole question at rest, by means of a negotiation with
New Granada.

After effecting an arrangement with New Granada, it will not
perhaps be difficult to obtain, should it be deemed expedient, the
concurrent consent of those provinces of Central. America which
are conterminous to the Mosquito Territory.

As I stated to your Lordship in my despatch of the 10th ultimo,
I have no means of ascertaining the limits claimed by the King
of Mosquito or the Republics of New Granada and Central
America in the interior of the disputed country. I have confined
my observations to the coast, and therefore only point out on
the map herewith inclosed (executed by Mr. Vice-Consul Mark),
by yellow lines, the tract to which New Granada and Central
America lay claim, remarking at the same time that it is very
recently that Costarica, a province of the latter, has abandoned
her pretension to the Chiriqid Lagoon and the district between it
and the River Chagres. The boundary proposed for the King of
Mosquito is marked on the map by red lines.

IV. Viscount Palmerston to Mr. Chatfield.

Foreign Ofi^ice, June 30, 1847.
Sir:

The encroachments committed at various times by the au-
thorities of the Central American States of Honduras and Nica-
ragua, upon the territories of the King of Mosquito, having given
rise to a question as to the extent of the coast frontier of the
Kingdom of Mosquito, Her Majesty's Government have care-
fully examined the various documents and historical records
which exsit relative to this subject; and they are of opinion that
the right of the King of Mosquito should be maintained as ex-
tending from Cape Honduras down to the mouth of the River
San Juan.

I have therefore to instruct you to inform the authorities of
the several States of Central America bordering on the Kingdom
of Mosquito, that this is the extent of coast to which Her Maj-
esty's Government consider the King of Mosquito to be entitled;
and you will inform them that Her Majesty's Government will

Doc. 385

80

not view with indifference any attempt to encroach upon the
rights or territory of the King of Mosqiiito, who is under the
protection of the British Crown.
I am, &c.,

(Signed) , Palmerston.

P. S. — A similar instruction has been addressed to Her Maj-
esty's Charge d'Affairs at Bogota.

Doc. 286 Mr. Walker to Viscount Palmerston. — (Received July 8).

(Extract.)

Bluefields, Mosquito, May 20, 1847.

I have the honour to acknowledge the receipt of Mr. Adding-
ton's despatch of 30th January last, directing me to transmit
to your Lordship all the information in my power to obtain
as to the exact line of boundary claimed by the King of Mos-
quito, as dividing his territory from the State of New Granada
and the other States of Central America — the ground upon
which such claims rest, or may on the other hand be rejected
by New Granada or Central America. I am also to report what,
in my opinion, is the line of boundary which Her Majesty's
Government should insist upon as essential for the security and
well-being of the Mosquito State.

In complying with your Lordship's instructions, I think it of
importance in the first place to remark, that it is known from the
records of Her Majesty's foreign and colonial officers, from
those of Jammca and Honduras, that, for a longer period than
200 years. Great Britain has been in intimate relation and friend-
ship with the Mosquito chiefs and people. Such relations have
not been defined by any formal treaty; but the soldiers of the
two nations have frequently, in concert, taken offensive and de-
fensive measures against the common enemy. At the close of
the war, the Mosquito men having driven the Spaniards from
their last post in Black River, seem to have laid aside with us
the weapons of warfare; and looking to England for protection
and advice, have since, in some measure and under great dificulties,

81

endeavoured to follow recommendations similar to those they
received in 1816 from General Sir George Arthur, formerly
Superintendent of Honduras and a copy of which I have now the
honour to transmit.

It is also to be easily collected from writers intimately ac-
quainted with the Mosquito shore, such as Dampier, Falconer,
Frobisher, Bryan Edwards, Brookes, Hodgson, Malham, Miller,
Wright, Orlando Roberts, and other authorities, that the tribes
under the Mosquito Kings have been independent ever since the
downfall of Moptezuma,^ and have had a recognized territory
appertaining to themselves. I regret that, not having copies of
all the above-named books, I cannot refer in every case to the
particular page and volume.

In addition to this voluminous testimony, I have the honour
to submit to your Lordship's inspection the following papers, a
perusal of which will clearly show that both by Old Spain and by
the new States of Central America a Mosquito territory was and
is allowed to exist somewhere:

1. Original diary, which appears to have been kept by a settler,
Mr. Grey, a medical man connected for the time professionally
with a commission sent by the Captain-General of Guatemala
to Black River in 1797, to treat with the Indians of the Mos-
quito shore. The commission seems to have been under Captain
Pareja, the officer who afterwards conducted Prince Stephen
on a visit to Guatemala, where, and on his route, he received all
the honours customarily bestowed on an independent Prince. In
this diary I have marked two places, to which I would respectfully
direct your Lordship's attention. The first shows, among a list
of toasts given by the Spanish Commissioner at a dinner to the
Indian chiefs, the recognition of the King, chiefs, and country
of Mosquito; and the second is illustrative of the independent
footing on which the Mosquito King negotiated with the Span-
iards.

2. Original letter from the Secretary of the Government of
Costa Rica, . dated 29th September, 1840, acknowledging the
Mosquito Government.

^ Mr. Walker was not very well acquainted with history inasmuch as
the downfall of Montezuma took place in 1527 and the origin of the Mos-
quitos is clearly defined in 1650.

82

3. Copy letter from Commandant of San Juan Nicaragua, ac-
knowledg-ing the Mosquito Government.

4. Extract from Treaty between the Supreme Government
of Honduras and General Lowrie Robinson, of date 16th Decem-
ber, 1843.

Besides all the foregoing evidence as to the existence of a
Mosquito territory, free and independent, I would also, under
this head, respectfully refer your Lordship to the copy of the
petition from the British residents of San Andres to Captain
Bligh, of His Majesty's ship Surveillante, after his capture of
that island, which shows the Mosquito shore to have been con-
fessedly exempt by the Spaniards themselves from their juris-
diction.

Having now, as I humbly conceive, adduced a sufficiency of
proofs to satisfy the most prejudiced and the most sceptical, that
a Mosquito territory has existed and exists, governed by its own
laws, and these administered by its own hereditary Kings, I
proceed to state the boundaries claimed by the King of Mosquito
as dividing his territory from that of the conterminous States
of Central America and New Granada.

The Mosquito Territory commences at Cape Honduras (Punta
Castillo) ; but without taking into consideration the tongue of
land which forms the Cape, the proper boundary would lead from
the sea-board in the meridian of 85° 50' west, leaving the town
of Truxillo a few miles to the westward, and following this
meridian till it meets the parallel of 13° 30' ; after which it takes
a south-easterly direction over the mountain summits till it
crosses the San Juan River. After this the boundary takes a
south-south-easterly direction over the mountains till it meets
the parallel 10° north, where it again takes a south-easterly
direction till it crosses the meridian of 82° 30', when it runs due
east, embracing Chiriqui Lagoon and several tributary rivers,
continuing its course until it strikes, the meridian of 81° 50';
when it tends to the north till it meets the sea-board of King Bup-
pam (in Mosquito, King's landing), opposite the Bscudo de Vera-
gua, with all the islands and keys within the meridian of 82.

In obedience to your Lordship's commands, I have had a map

83

prepared from the best and most authentic sources, and the lines
denotive of the foregoing boundary I have marked in black.

The grounds upon which the rights of sovereignty over this
expanse of country appertain to the Mosquito Kings, consist
in the long tenure of their control over it. Malham, in his Ga-
zetteer for 1795, states: ''Mosquito shore proper to extend from
Cape Cameron to Fort Chagres, uninterrupted by any Spanish
settlement." The Spaniards, however, after 1795, had a transient
possession of Cape Gracias a Dios and Black River; but all
places so occupied were either abandoned by the Spaniards or
captured by tjie Mosquito people before the commencement of
the present century. From 1800, to about 9 or 10 years ago,
the Mosquito Kings appear to have been in undisputed and peace-
able possession of the territory I have traced out as belonging to
them. At that time it appears that the Spanish authorities of
the neighbouring States, taking advantage of the peaceable dis-
position of the Mosquito people, advanced claims to the King's
territory, and committed aggressions upon it at Boca del Toro,
Matina, and San Juan. The aggressions were formally remon-
strated against, and the remonstrances have been regularly con-
tinued up to the last year. Reprisals could easily have been made,
but every dependence seems to have been placed on the effective
mediation of Great Britain.

In support of Mosquito sovereignty over the Boca del Toro,
I have to refer your Lordship to Malham 's Gazetteer for 1795
already noticed; to Roberts' Narrative, p. 86; and I have the
honour to forward:

1. Original paper under date November 14, 1815, being the
submission of Prince Stephen and other Mosquito chiefs to
King George, from which document it will be seen that the
Mosquito chiefs then exercised jurisdiction at Boca del Toro.

2. Commission granted to magistrate, and laws sent to Boca
del Toro by King Robert Charles Frederic in 1832.

3. Depositions of Captain Peter Shepherd as to the allegiance
being paid to Kings of Mosquito by the Valiente Indians of
Chiriqui Lagoon, dated December, 1844. It is further known
to me from personal inquiry on the spot, and can be proved at
any time, that the British residents either born or located at

84

Boca del Toro, considered and consider themselves on a part
of the Mosquito shore under the dominion of the Mosquito King,
and that it was under such belief that the fore-fathers of many
of the present inhabitants and also recent settlers established
themselves in Chiriqui Lagoon.

New Granada lays claim to this part of Mosquito as a revolu-
tionary heir oi Old Spain, and in such character considers that
she has acquired, within the old Viceroyalty of which she was
a part, all that Spain possessed when the authority of that mon-
archy was extinguished; but without entering into the many
questions involved by the claims of the several States to Vice-
royalties which have been broken up and multilated beyond re-
demption, it will be seen from the foregoing evidence, that at
the time of the revolution, Spain was not in de facto possession
of the Boca del Toro. It consists with my knowledge that about
1828 or 1829, on, I presume, a representation from your Lord-
ship's department, a letter was written by the Secretary of State
for the Colonies to the Superintendent of Honduras, desiring
him to use his influence with the King of Mosquito to protect
a mining company which had been established on the confines
of Veragua.

The very first settlement by Nezv Granada was in 1836. 1
quote the circumstances from a report by Commander Darley,
of Her Majesty's ship Blectra, addressed to Sir Charles Adam
in May, 1842 :

"Some years ago, 2 men named Joseph and Thomas Knap, ob-
tained leave from the King of the Mosquito shore to trade on
this coast, for which privilege they were to pay the King 100
dollars a year. About 6 years ago, a disgraced Columbian of-
ficer, named Johnson came to Boca del Toro, and combining
with the 2 Knaps, they drew up a petition to the Columbian
Government praying it to take this place under its protection.
They had the address to get the signatures of several of the
inhabitants, and added many more names surreptitiously to it.
Johnson was the bearer of the petition, and, in consequence,
the Columbian Government sent a small force down and took pos-
session of the place, established a custom-house, charging very
high duties on all goods imported, and otherwise greatly op-

85

pressed the people. Since the visit of Colonel Macdonald in the
Tweed, last August, the Columbians have withdrawn their estab-
lishment from Bova del Toro, and their authority has ceased to
exist here. Scarcely any Spaniards remain, and at present the
people are perfectly free from any intrusion. All the people of
the Boca del Toro consider themselves subject to the King of
the Mosquito shore, and detest the Spaniards, whom they look
upon as usurpers and tyrants."

I am able to corroborate the foregoing account by a knowledge
of the circumstances derived from Captain Shepherd and the
Messrs. Knap. It was jealousy on the part of the Knaps at Cap-
' tain Shepherd's peculiar, and . I must say improper, privileges,
that induced them to call the attention of the New Granadian
authorities to this place, I transmit copy of the licence granted
to Messrs. Knap, permitting them to trade on the coast, but
excluding them from Chiriqui Lagoon. I also transmit copy of
a letter from the Colombian Secretary of State, M. Mosquera,
being the first notice which appears to have been taken by
the authorities of Bogota respecting the Boca del Toro settle-
ments.

In support of the King's claim to Matina and Salt Creek, I
have the honour to transmit deposition by Senor Manuel Quijano,
late Commandant of San Juan, as to the Mosquito King having
been in the habit of receiving tribute at Matina, date August
30, 1841. And I subjoin report of Captain Darley on the same
subject, to the correctness of which I can bear testimony:

"The old Spaniards had a settlement at about 15 miles from
this place inland, where they had extensive cocoa plantations.
They regularly paid tribute to the King of the Mosquito coast
for this privilege, but never had any part of the coast granted
to them nor did they ever settle on it.

"Mr. Peter Shepherd was employed by the Spaniards to take
the tribute for the King, either 3 or 4 times; it amounted to 5
seroons of cocoa and 2 sugar each year. The flag of the Mos-
quito shore has not been hoisted here on Sundays since the
Spaniards of Costa Rica made the people of Mosquito haul it
down about two years ago, thereby taking forcible possession
of the place. At the same time the Spaniards came to this

86

place, tcx:)k possession of it, and they have held it ever since.
They do not pay any tribute; they have established a custom-
house, with regular officers and a few troops, hoisting their own
flag, and, in short, exercise full - sovereign power."

I submit deposition by Mr. Quin, of Corn Island, as to the
King's sovereignty over San Juan, dated August 27, 1841. And
I again beg to quote from Captain Darley's report, the following
remarks :

"With respect to the settlement of San Juan de Nicaragua, it
is not easy to ascertain if the Spaniards ever paid tribute for
leave to establish a fort or custom-house on the north bank of.
the river. My impression is they never had leave for such a
purpose. My reasons for so thinking are as follows : The King of
the Mosquito shore claims the whole shore line both north and
south of the River San Juan, and inland to the range of the
Central Mountains, which may be 50 miles from the coast. Mr.
Shepherd, who has lived upon the coast since the year 1811,
never knew the Spaniards to claim the North Bank, nor ever
to hoist the Spanish flag upon it. They had a look-out house,
but not on the North Bank; it is situated at the place called the
Fort on the chart, where 3 or 4 men were stationed merely to
keep order amongst the boatmen who came down the river for
the goods landed there, but they did not hoist any flag. Their
customhouse was at Granadio. During the year of Independence,
in the year 1811, the patriots sent an armed brig to take pos-
session of the entrance to the river. At that time those Spaniards
had 2 vessels lying in harbour, which were armed. They landed
5 or 6 guns with the crews of these vessels, and although the
Patriot brig entered the harbour, they gave her such a warm
reception that she slipped her cable and put to sea again. It
was not until about 6 years ago, that the Government of Central
America sent a force down to San Juan, and established a custom-
house on the north side, certainly without the consent of the
King of the Mosquito shore, who had previously made a grant
to Mr. Shepherd of this very spot, which he is at any time pre-
pared to prove. The Mosquito Indians have several times
threatened to burn the houses put up by the people of Nicaragua,
and turn them all away, but feared to do injury to Mr. Shepherd,

^7

and they are most anxious to get rid of them, if permitted to do so.

"With respect to the country from San Juan to Cape Hon-
duras, every part of it has been in the undisturbed possession
of the King of Mosquito since last century, and has never been
interfered with until very lately. The Commandant of Truxillo,
about 8 or 9 months ago, sent an armed party within the King's
limits, and more recently he has repeated the same offence,
carrying off the property of British merchants. The inhabi-
tants are now, however, mustering to repel the intruders, and
I have no doubt that they will speedily do so."

If thought expedient by your Lordship, reference might be
made as to Cape Honduras being the boundary of the Mosquito
dominions, to former Superintendents of Honduras now living —
General Gabriel Gordon, Major-General Sir George Arthur,
Major-General Sir Francis Cockburn, and Major-General Mac-
donald.

I have traced in red lines the boundary which in my opinion
I consider would be most advisable for Great Britain to insist
on as essential for the well-being of the Kingdom of Mosquito.

This boundary ascends the Roman River mid-stream as far
as the junction with it of the Guaupe, which river it ascends
till it meets the parallel of 15° 10', when it follows the meridian
of 85° 50' W., until it meets the parallel of 13° 30', after which
it takes a south-easterly direction over the mountain summits
till it crosses the San Juan River, when it descends the San
Juan mid-stream to the Atlantic Ocean.

Along the whole of this boundary line, especially where it
crosses the courses of the numerous rivers, there are points or
lookout stations which are well known to and acknowledged
by the inhabitants upon each side as dividing their respective
territories. The registering, therefore, of these points, and run-
ning lines of connection through them are all that is wanted to
form a complete boundary.

All the territory thus embraced within the red lines is now,
with the exception of a custom-house on the north bank of San
Juan, in the possession of the King of Mosquito, and has been
under the Mosquito Government during the whole of the present
century.

88

In abandoning the territory to the southward of San Juan,
I would humbly beg to advocate, as I did in my despatch to
Lord Aberdeen of 21st of July, 1846, the case of the settlers at
Boca del Toro, and crave for them such indemnification for
removal as to your Lordship may appear fair and equitable.

P. Walker. ,

Viscount Pelmerston, G. C. B.

Doc. 287 Mr. Chatfield to Viscount Palmerston. — (Received

Dec. 16).

GuATE^MALA, September 29, 1847.
My Lord:

It was stated in the inclosure No. 21 of the despatch which I
had the honour to address to your Lordship on the 15th of April
last, that the Chiriqui River, which divides the New Granadian
Province of Veragua from the Central American State of Costa
Rica, is situated in latitude 8° 55' north, longitude 82° 10' west.

On more inquiry I discover this to be slightly inexact, and that
the River Chiriqui, which makes the dividing boundary of the
two territories, is in reality situated in latitude 8° 50' north and
longitude 81° 34' west, nearly in a line with the Bscudo de Vera-
gua, which is a rock or small island in the sea, at a short distance
from the mainland and which rock was the limit of the jurisdic-
tion of the Royal Audiencia or Chancery of the Captaincy-Gen-
eral of Guatemala on the side of the Viceroy alty of Santa Pe de
Bogota.

The error arose from the circumstance of there being 2 rivers
named Chiriqui on the Atlantic shore, one of which flows into
the Chiriqui Lagoon; and that the River Chiriqui which formed
the ancient boundary of New Granada and Central America, is
not set down in the chart of the coast which I consulted.

I have since met with Captain Barnett's latest survey (West
Indies, sheet XI, 1837, hydrographer's office) ; and I annex a
sketch of the proper boundary, terminating at the Chiriqui River
and the Bscudo de Veragua, as it existed at the time of the

89

Spanish Government, and which, notwithstanding the preten-
sions of New Granada, has received no subsequent alteration.
I have, &c.

FrKdk. ChatfieIvD.
Viscount Palmerston, G. C. B.

M. Mosquera to Viscount Palmerston. — (Received Doc. 288

May 2).

(Translation.)

62 Baker Street,
London, April 29, 1848.

The Charge d'Affaires of Her Britannic Majesty, on the 24th
day of September, 1847, addressed a communication to the Senor
Secretary of State for Foreign Affairs of New Granada, inform-
ing the Government of the Republic, that the Government of
Her Britannic Majesty, after having carefully examined various
documents and historical records, was of opinion that the rights
of the so-called King of Mosquito ought to be considered as
extending from the Cape of Honduras to the mouth of the River
San Juan; repeating also the declaration which had formerly
been made to the Government of New Granada, to the effect
that the British Government would not see with indifference any
attempt to usurp the rights or territories of the above King of
Mosquito, who is under the protection of the British Crown.

The Government of the Republic did nothing further at that
time than state to the Charge d'Affaires of Her Britannic Maj-
esty, that it had given a very careful attention to this declara-
tion of the British Government, and that it would keep it in
view, to make of it the use which would be proper for the rights
and interest of New Granada.

As the Government of Her Britannic Majesty has constantly
refused to enter into discussion with the Government of Ne^i
Granada upon this matter, no reply having been hitherto made
to the different notes which this Embassy has addressed to the
Ministry of Foreign Affairs, dated on the 31st of May, and 1st
of July, 1844, and on the 14th of March, 1846, the undersigned.
Envoy Extraordinary and Minister Plenipotentiary, is com-

90

manded to repeat to the Right Honourable Lord Viscount Pal-
merston, Chief Secretary of Her Britannic Majesty in the For-
eign Department, that which he had the honour to state to the
Right Honourable Lord Aberdeen, in the last of the above notes ;
that is to say, that the Government of Nck' jOi'anada cannot con-
sider that the simple and repeated declaration of the British Gov-
ernment, that it would not see with indifference any attempt to
usurp the territories of the King of Mosquitoi, is equivalent to a
fair refutation of the territorial rights handed down by Spain
to New Granada. The Republic has produced its titles, it has
displayed in a long and circumstantial statement, all the docu-
ments and historical records which confirm its rights, and it has
reason to hope that, on the part of Her Britannic Majesty, titles
may be compared with titles, and arguments opposed to argu-
ments, so that whatever may be the final result arrived at in this
question, it may be due only to full justice, which would neces-
sarily follow an impartial and matured discussion. .

When the Government of the Undersigned received the said
note of the Charge d' Affaires of Her Britannic Majesty, dated
24th September, 1847, it perceived that the question was then
for the first time determined in its material part, which was by it
limited to the littoral territory included between the Cape of
Honduras and the mouth of the River San Juan; but since then
it has been surprised to see, by the authentic copy of a note of
the British Consul-General, dated at Guatemala on the 10th day
of the same month of September, and addressed to the Govern-
ment of the State of Nicaragua that Mr. Chatfield, in that docu-
ment, states that the Government of Her Britannic Majesty con-
siders that the King of Mosquito has a right to that extent of
coast, without prejudice to the right which the aforesaid King
may have to any territory to the southward of the River San Juan;
which declaration leaves a clear scope to the most indefinite pre-
tensions on the part of the said King of Mosquito, and is not in
conformity with the tenor of the note sent by Mr. O'Leary to
the Government of A'czu Granada.

The Undersigned has received instructions in consequence to
protest solemnly and formally, as he hereby does, against this
double declaration of Her Britannic Majesty's Government, both
in regard to the part which is expressed and determined, and the

91

part which involves a reservation of the territorial rights of the
King of Mosquito; and, moreover, it protests by anticipation
against any acts whatever, which by virtue of this reservation
may have been executed, or may be executed, to the injury of
the rights of Nezc Granada.
The Undersigned, &c.

M. M. MOSQUERA.

Viscount Palmerston, G. C. B.

Viscount Palmerston to M. Mosquera. Doc. 289

Foreign Office. May 4, 1848.

The Undersigned, &c., has the honour to acknowledge the re-
ceipt of the note addressed to him on the 29th of April, by M.
Mosquera, &c., renewing the representations already made by
M. Mosquera respecting the course pursued by the British Gov-
ernment with regard to the Mosquito territory.

The Undersigned has the honour to state to M. Mosquera,
that the British Government does not dispute the right which
the people of Nezv Granada>, or of any other of the American
provinces of Spain, had to shake off the yoke of the mother-
country, and to declare themselves free and independent, and
accordingly, as soon as the freedom and independence of those
provinces appeared to be firmly and finally established, they were
formally acknowledged by Great Britain as independent States.
But the British Government cannot acknowledge that any of
those revolted provinces could by their successful revolt acquire
any rights either claimed by or possessed by Spain, over other
territories not inhabited and possessed by the revolted population,
and therefore, even if the Mosquito territory had been subject
to any just claim on the part of Spain, the revolt of the Province
of New Granada could not have given to the people of New
Granada any right whatever over Mosquito, a territory which
they did not possess or occupy. But in point of fact, the terri-
tory of Mosquito has been acknowledged by Great Britain as an
independent State for 225 years, and the King of that country
has for upwards of 180 years been acknowledged as being under
the protection of the British Crown.

Dec. 290

92

Her Majesty's Government, therefore, do not consider them-
selves under any obligation to discuss with the Government of
New Granada the rightful existence of the Mosquito State, which
existed as a separate and independent State nearly two centuries
before Nezv Granada had ceased to be a dependent province of
Spain.
. With respect to the southern boundary of Mosquito, there are
certainly strong grounds upon which the King of Mosquito
might claim the sea coast as far as the spot called King Buppan's
Landing, which is opposite to the island called Bscudo de Vera-
gua; but Her Majesty's Government have recommended the
Mosquito Government to confine its claim in a southerly direc-
tion to the southern branch of the River St. John; and one main
reason with Her Majesty's Government for giving that recom-
mendation, was, that thereby all dispute between Mosquito and
New Granada would, as they trusted, be avoided.
The Undersigned, &c.

Palmerston.
m. mosquejia.

Erection of the Diocese of Costa Rica.

Rome, February 28, 1849.

We, the Doctor Don Juan Gaspar Stork, Bishop of Costa Rica,
certify in canonical form that in the Bull for the erection of the
Diocese of Costa Rica, Christianas Religionis Auctor, issued in
Rome on the twenty-eighth of February, one thousand eight
hundred and forty-nine, the limits of the said Diocese were deter-
mined in the following manner, citing literally the words of said
Bull, pages eleven and twelve : the original of the Bull is kept
in the Episcopal Archives :

^'Nivae autem huius dioecesis Sancti Josephi de Costa
Rica tcrritorium erit ilhid ipsum ex quo supra memoratus status
de Costa Rica constat, inhabitatum nempe uti perhihcnt a centum
circiter animarum millibus, quod ad occidentem afluitur flumine
vocato DE LA FLOR et protenditur quo sequitur delitus 1.ACI nica-
RAGUAN. ET FLUMiNis s. jOANNis eo usque quo influit in mare
atlanticum, ad septentrionem deinde determinatur ah eodem mart
usque ad superiorem fluminis s. joannis et ad scutum de vera-

93

GUA, ad orientem autem ab ante dicto loco usque ad alterum flu-
men quod vocant Chiriqui ad austrum denique productum ah
ipso flumine Chiriqui usque ad alteram de la fi/)r secus m^ris
pacifici plagas"
It is correct:

And for the legal purposes thereof and at the petition of the
Supreme Government, we extend the present, which we sign in
the Episcopal Palace of San Jose on the eleventh of February,
one thousand nine hundred and eleven.

Juan Caspar,
Bishop of C. R.
(There is a seal which says: Bvangelizare Pauperihus Misit
Me Dominus. Fide et Pace.)
Before me:

MoiSES Ramirez, A^. M.

Manuel Castro Quesada, Secretary of State in the Depart-
ments of Culto and Foreign Relations,

Certifies to the authenticity of the signature which is registered
in the present document of the Bishop of this Diocese, which
reads : "J^^^ Caspar, Bishop of C. R."

San Jose, February 22, 1911.

Manuel Castro Quesada.

(There is a seal which says: Secretaria de Culto. Reptiblica
de Costa Rica.)

(There is a seal which says: Secretaria de Ralaciones Bx-
teriores. Repubhca de Costa Rica.)

94
Doc. 291 Mr. Bancroft to Mr. Clayton.

Unitkd States Legation,

London, August, 1849.i

Sir : Believing that the time liad now arrived when it became
proper on the part of the President of the United States to
' present his view to the British government on the subject of its
occupation of the port of San Juan de Nicaragua, I was en-
gaged in finishing the paper when I received your letter of recall.
Sensible of the confidence reposed in me by your despatch No.
55 and its enclosures, I yet deem it now not proper to present
the paper which I had prepared after much consideration; and
I now confine myself to a concise report of the present state of
the business.

During the debates in the House of Commons on the miscel-
laneous estimates, an appropriation for charge, growing out of
the crowning at Jamaica of the so-called King of the Mosquitos,
was asked for, and voted amidst laughter. When a member
seriously objected that this interference might give umbrage to
the United States, the House perceived that the subject was
one which merited serious consideration.

Your directions to me were to proceed in the first instance by
conversation. I have done so, governing myself by the language
and spirit of your despatch. Lord Palmerston was not inclined
to a conversation with me on the subject of Central America, but
sought rather to keep the United States at a distance on the ques-
tion and to bring the powers of Central America to an imme-
diate or early acquiescence in his arrangements. Nevertheless, I
obtained an interview, though not till after repeated solicitations.
To my direct question, If the British government designed to
appropriate to itself the town of San Juan de Nicaragua, or any
'part of the so-called Mosquito territory? he answered emphati-
cally, "No; you know very well we have already colonies enough."
The remark was just. The masses of the British colonies are be-
coming relatively too weighty for the central government. Brit-
ish statesmen perceive it ; and one evening, when the ownership
of Vancouver's island was the subject of debate in the House

'31st Congress, 1st Session (House of Representatives). Ex. Doc. No.
75, p. 234.

95

of Commons, the House was counted out, so indifferent were
the members to the whole question. I could not but proceed ask
Lord Palmerston, In whose hands is San Juan de Nicaragua at
this time? He replied, "For the present, in those of English com-
missioners." Is not this point then, I said, an occupation by
England? His answer was, ''Yes, but this occupation is tem-
porary."

Having your despatch in my hand, I very concisely gave him
reasons on which the opinion rests, that there is no such body
politic as the Kingdom of the Mosquitos; that, if there were, its
jurisdiction does not reach to the river San Juan; and even if it
did, that no right of exercising a protectorate belongs to Great
Britain.

Without entering into any argument, he replied, that Costa
Rica might claim San Juan as well as Nicaragua. And he did not
in the least disguise his strong inclination to restore the port;
insisting, however, that any purposes the United States might
have in reference to connecting the two oceans by a commercial
highway, would be better promoted by the policy which he is
pursuing than in any other way. And, in reference to the whole
subject, his words were, "you and we can have but one interest."

The interview was very short, and came to an end abruptly,
as he was summoned to a cabinet meeting ; and he has shown no
desire to renew it.

The next day I asked the minister of Costa Rica, if his country
had ever claimed the port of San Juan. He said never; it
claimed only the southern bank of the river. The port of San
Juan had always belonged to the province or state of Nicaragua.

While Lord Palmerston did not invite me to renew the subject
with him, he had a long interview with Mr. Castellon and Mr.
Marcoleta, conversing with them for two hours in Spanish, which
language he speaks extremely well. The substance of his re-
marks to them was, that England desires to cultivate friendly
relations with Nicaragua, but at the same time is determined not
to restore the port of San Juan.

Mr. Castellon, on the eve of his departure for his country,
addressed me a note, insinuating the idea of the annexation of
Nicaragua to the United States. Scrupulous not to involve the
administration of the President, I could have wished the letter

96

had been addressed to Washington; but I thought an instant
answer essential, and I therefore sent him, on the 14th of July, a
note of which I enclose a copy. I trust it will seem to you pre-
cisely such as you could have wished and would have directed,
had there been time to consult you.

On the 16th of July Lord Palmerston addressed a formal note
to Mr. Castellon, who had already left England, containing an
elaborate argument against the right of Nicaragua to the port
of San Juan. I obtained a copy of this important note a few
days ago, and I now send it to you.

Meantime, Lord Palmerston invited Mr. Marcoleta to an in-
terview with him, and, I am told, proposed a general settlement
of all questions between the so-called Mosquito government, Costa
Rica, and Nicaragua. To this, I understand the agent of Nica-
ragua replied, that he could not recognize the kingdom of Mos-
quito, and, of a consequence, could not treat with it.

The Nicaraguan minister now proposes arbitration. Should
this be refused, Nicaragua must submit, unless it can rely on the
prompt exertion of the influence of the United States.

This, I believe, is all I need say on the subject. Were I to add
any suggestion, it would be, that greater difficulties await you
in bringing the States of Central America to reasonable and
harmonious views, and a friendly union, than need be appre-
hended here, if such union existed.

Copies are annexed of various letters and documents pertain-
ing to this subject.

I am, sir, sincerely yours,

Ge^orge^ Bancroft.

97
Mr. Rives to Mr. Clayton. boc. 292

London, September 25, 1849. ^

Sir: Yesterday I called upon Lord Palmerston, at his house
in Carlton Gardens, for the purpose of holding the interview
with him which had been previously arranged. He gave me a
very cordial reception, and took occasion to say that he had come
up to London from the residence of Viscount Melbourne in the
country, where he had been passing some days, solely for the
sake of seeing and conversing with me. After some conversa-
tion of a general nature, I stated to him that there being a sort
of interregnum at present in the usual diplomatic relations of
the two countries, owing to the departure of Mr. Bancroft and
the postponement for a few weeks of Mr. Lawrence's arrival,
you had instructed me, while on my way to Paris to call upon
his Lordship and converse with him on a matter which was more
than ordinarily urgent and critical; that it was quite unneces-
sary, I persuaded myself, to assure his Lordship that the Presi-
dent was anxious to preserve the most cordial good understand-
ing with her Britannic Majesty's Government; that in proportion
as that desire was sincerely felt, it was seen with no little concern
that there was one question which unless great prudence and
caution were observed on both sides might involve the two Gov-
ernments unwittingly in collision ; that shortly before I left the
United States a letter from the British consul at New York
had been published, asserting in very positive and unqualified
terms an exclusive claim for the Mosquito Indians to the owner-
ship and sovereign jurisdiction of the mouth and lower part of
the river San Juan dc Nicaragua; that the United States had no
disposition to intermeddle in any pragmatical spirit or with views
in the slightest degree unfriendly to Great Britain, with that ques-
tion, but they were unnecessarily parties to it in their own right;
that citizens of the United States had entered into a contract
with the State of Nicaragua to open, on certain conditions, a com-
munication between the Atlantic and Pacific Oceans by the river
San Juan and the Nicaragua Lake ; that the Government of the
United States, after the most careful investigation of the sub-

' Senate Ex. Doc. No. 112, 46th Congress, 2d Session. Page 11.

98

ject, had come undoubtingly to the conclusion that upon both
legal and historical grounds the State of Nicaragua was the true
territorial sovereign of the River San Juan as well as of the
Nicaragua Lake, and that it was, therefore, bound to give its
countenance and support, by all proper and reasonable means, to
rights lawfully derived by their citizens under a grant from that
sovereign : that the United States, moreover, as one of the prin-
cipal commercial powers of the world, and the one nearest to the
scene of the proposed communication, and holding, besides, a
large domain on the western coast of America, had a special and
deep national interest in the free and unobstructed use, in com-
mon with other powers, of any channel of intercourse which
might be opened from the one sea to the other, and, that, moved
by a proper regard for that interest, it had probably already con-
cluded or would soon do so, a treaty with Nicaragua for securing
a transit for its commerce, and public stores by the route in ques-
tion, on terms open alike to all other nations. I then proceeded
to observe to Lord Palmerston that the Government of the
United States was particularly desirous that there should be no
misconception of its objects and motives in this matter by her
Britannic Majesty's Government and that it was of the highest
importance that both Governments should be made acquainted
frankly with the views and intentions of each other; that it had
sometimes happened in military operations that detachments of
the same ^rmy had gotten engaged with each other, in the dark,
in bloody strife, and so in civil and political affairs, nations, as
well as individuals, in ignorance of each other's real views, and
under the influence of a natural but unfounded distrust, were
often committed in serious opposition to each other, when a frank
and unreserved communication, in the first instance, of their
respective objects would have brought them to co-operate heartily
in pursuit of a common end ; that the United States sought no
exclusive privilege or preferential right of any kind in regard
to the proix>sed communication, and their sincere wish, if it
should be found practicable, was to see it dedicated to the com-
mon use of all nations on the most liberal terms, and a footing
of perfect equality for all, securing it beforehand, by proper
stipulations, against unreasonable and oppressive exactions for
the use of it, either from the States through whose territories it

99

should pass, or the individuals or companies who might be au-
thorized to construct it ; that the United States would not, if they
could, obtain any exclusive right or privilege in a great highway,
which naturally belonged to all mankind, for they well knew
that the possession of any such privilege would expose them to
inevitable jealousies and probable controversies which would
make it infinitely more costly than advantageous ; that while they
aimed at no exclusive privilege for themselves they could never
consent to see so important a communication fall under the ex-
clusive control of any other great commercial power ; that we
were far from imputing to Her Britannic Majesty's Government
any views of that kind, but Mosquito possession at the mouth of
the San Juan could be considered in no other light than British
possessions, and his lordship would readily comprehend that such
a state of things, so long as it was continued, must necessarily
give rise to dissatisfaction and distrust on the part of other com-
mercial powers. Would it not, then, be wise, I said to Lord
Palmerston, that Great Britain and the United States should
come to a frank and manly understanding with each other and
unite their influence for the accomplishment of an object of the
highest importance to both of them as well as the rest of the
world, instead of hazarding the final loss of so great an object
by jarring and divided councils.

I have, etc., W. C. Rivh:s.

Extract from a Treaty of Peace and Friendship Between j^^ 293
Spain and Costa Rica, Dated Madrid, May 10, 1850.

Art. 1. His Catholic Majesty, with the authority with which
he is invested by Decree of the General Cortes of the Kingdom
of December 4, 1836, renounces forever, in the most formal and
solemn manner, for himself and his successors, the sovereignty,
rights and authority which belongs to him over the American
territory, situated between the Atlantic and Pacific Oceans, with
its adjacent islands, known heretofore under the denomination of
Province of Costa Rica, now the Republic of the same name,
and over the other territories that may have been incorporated in
said Republic.

100

Art. 2. In consequence thereof His Catholic Majesty recog-
nises as a free, sovereign and independent Nation the Republic
of Costa Rica, with all the territories that now constitute it or
which hereafter constitute it.

Doc. 294 Contract for the Opening of an International Route from
Boca del Toro to Dulce Gulf, Made Between the Gov-
ernment of Costa Rica and M. Gabriel Lafond (de
Lurcy).

Paris, March 15, 1850.i

The Senores Don Felipe Molina, Minister Plenipotentiary of
Costa Rica in France, resident at Paris at the Hotel Montmo-
rency, Boulevard des Italiens, of the one part, and Don Gabriel
Pierre Marie Mars Lafond, a French citizen, domiciled at No.
4 Place de la Bourse, Paris, of the other part, have agreed and
they do agree as follows:

1. In order that Gabriel Lafond, concessionaire of the lands
of Dulce Gulf, may, by himself or through his agents, bring
colonists directly to said lands by the Atlantic, the Republic of
Costa Rica makes a new donation to him in full ownership, con-
sisting of a zone of tillable land running from the Bay of Boca
Toro to the limits of the first concession ; which zone shall have
a width of one league and shall be laid out as near as possible
to the frontier of New Granada.

2. The Government of Costa Rica shall choose the form that
it prefers for its compensation ; either Senor G. Lafond will pay
the value of the area which said zone may be found to contain,
at the rate of one peso per mansanc, in shares of the company
.which may be formed for the colonization of those lands, or
Sefior Lafond by himself or by his agents will undertake to
colonize it within twelve years, at the rate of one family or
couple for each twenty-five manzanas, under penalty of losing
that which shall not be settled at the expiration of the term;

^This contract was approved by a decree of the Congress of Costa
Rica of June 15, 1850. Collection of Laws of Costa Rica, Vol. IX, p. 287.

101

but if the road is opened and can be used for transit from the
Atlantic to the Pacific, Seiior Lafond will have thereby fulfilled
his contract.

3. The port which is formed at Boca Toro, with the immediate
coves, islands and rivers, shall belong to Sefior Lafond and asso-
ciates, and they shall enjoy the same privileges and for the same
term of fifteen years at Dulce Gulf, and the settlers of this new
concession will likewise enjoy the same exemptions and privileges
as the former.

4. This contract shall be submitted to the Government of Costa
Rica for its ratification.

Made in duplicate in Paris, March 15, 1850.
Approved: Gabriel Lafond.
Approved: F. Molina.

The Secretary of Foreign Relations of Costa Rica to the Doc. 295
Governor of the Province of Chiriqui, Republic of New
Granada.

No. 42.

San Jose, August 13, 1850.

To the Governor of the Province of Chiriqui, Republic of New
Granada.

I have had the honor to receive Your Worship's courteous of-
ficial letter No. 258 of the 23rd of July last, in which Your Wor-
ship informs that, by legislative act of New Granada dated the
29th of April ultimo, the territory of Bocas del Toro has been
suppressed and incorporated to the Province of Your Worship's
command.

Having informed His Excellency the President of the Re-
public of the contents of said letter, he instructed me to answer
that, opportunely he will make the corresponding observations
to such act of the Supreme Government of Nezv Granada; and
that as the territory of Bocas del Toro lies within that of Costa
Rica, it is not in His Excellency's power to accept such an act
that tends to trespass the limits of the Republic, limits whichi
were legally described prior to the independence from the Span-
ish Metropolis, and ratified by posterior acts.

102

At the same time that I transmit the above to Your Worship's
knowledge, I take the advantage of the opportunity to subscribe
myself Your Worship's very obedient servant,

Joaquin Be:rnardo Cai^vo.

Doc. 296 Petition of the Golfo Dulce Colonization French-Costa
Rican Company Relating to the Grant of the Zone of
Costa Rican Territory Occupied by New Granada.

September, October, 1850.i
No. 89.
National Palace.

San Jose, September 20, 1850.
To the Secretaries of the Most Excellent Congress :

I have the honor to forward to you a copy of a petition of the
French-Costa Rican Company and the enclosed statement of the
Executive Power, in order that you shall inform the Most Ex-
cellent Congress.

With all my estimation I am, as always, your obedient servant.

Jq. Bejindo. Calvo.

San Jose, September 30, 1850.i
To the Minister of

Foreign Relations and Government.
As attorney of the Colonization Company of Golfo Dulce, I
have the honor to address the Government of Costa Rica through
the respectable medium of Your Excellency, with the important
object of stating to it that after serious consideration the Com-
pany thinks that it would be detrimental to the advancement of
the Colony and to the opening of the road to Boca de Toro that
the zone of land located between the one which has been granted
to it and the boundaries of A^ew Granada, should be settled with
people of any other nation, even if France might be on good
terms with it, because it may always be feared that disagree-
ments could arise and then difficulties. In order to prevent this
inconvenience so as it may be possible to undertake with entire

* Archives of the Congress of Costa Rica.

103

saferiess the opening of the road to Boca de Toro, the Company-
asks that there shall be granted to it the said zone or track of
land which Nezv Granada enjoys now. As a compensation for
this, the Company offers that it will endeavor, and through the
medium of its Government influence, to support the territorial
boundaries which justly belong to Costa Rica. Besides, it offers
that the Colony shall be governed by the laws of the Republic
and the authorities appointed by the Government, according to
what has been agreed with regard to Golfo Duke. Thus the
only thing that is asked for is the ownership of the land in order
to settle it to the benefit of this country.

With high consideration, I have the honor to be Your Ex-
cellency's obedient and humble servant.

R. G. ESCALANTE.

This is a copy.
CaIvVO.

Most Excellent Congress:

Upon submitting to the knowledge of Your Excellency a legal-
ized copy of the petition of the Company for the colonization of
Golfo Dulce, dated 23 ultimo, for the grant of the zone of land
located between the one which has been granted to it and the
boundaries of N'ew Granada, the Executive Power has ordered
me to inform that although Costa Rica's ownership of the terri-
tories located on this side of the line which starting from the
Bscudo de Veragua ends at Punta Burica is incontrovertible,
it will be very difficult for the Republic at the present time to
recover the part occupied by New Granada and make the bound-
aries of the Costa Rican territory on that side to be respected,
which only could be possible to a strong power interested in the
matter as France, according to what the Company states ; and
that on account of this powerful reason and because the colony
or colonies that the French Company should establish and ad-
vance in the said zone must remain under the direct dominion
of the laws and the authorities of the country, it should be
very useful to agree to the said petition, especially if it is con-
sidered that in any case the territories located in the said zone

104

not only are going to return to the dominion of the Republic, but
because it will keep them forever without any expense or sacri-
fice whatever, and lastly that whether the establishment of
colonies proposed by the French-Costa Rican Company should
not be carried into effect, the Republic does not suffer any loss ;
rather a large extent of land within the southern boundaries
of its territory should be discovered for posterity.

According to this, the Executive Power recommends this im-
portant affair to the enlightened consideration of Your Excel-
lency and hopes that it will resolve affirmatively and with the
rapidity required by the case.

San Jose, September 30, 1850.

To the Most Excellent Congress.

Jq. Bkrndo. Cai.vd.

Secretaryship of the

.Most Excellent Constitutional Congress.

San Jose, October 1, 1850.
Let it go to the Committee of Commerce and Agriculture, to
which shall be associated the Representatives Marchena and
Mora.

To the Most Excellent Congress :

The Committee of Commerce and Agriculture has the honor
of informing the Honorable Chamber that after having examined
carefully the petition of the French-Costa Rican Company, it
judges that this petition must be considered from two standpoints,
that is to say: the power to grant it and the suitableness of the
grant. With regard to the first point, it is not doubtful that the
nation has a perfect right to dispose of the lands located within
its territory, even if this territory is disputed by a neighboring
country; because one thing is the right that does not prescribe,
and another the fact which is repelled by the fact instead of
reason. Thus, any hesitation in the use of the said right would
permit to doubt its legality and would expose us to very serious
results. Therefore the Congress must act fully conscious that
it is using a harmless right which belongs to the Republic and

105

so not making any usurpation. In regard to the second point it is
enough to say that as no disputed lands have been granted to
those who asked to settle and defend them, this matter does not
require any more explanation.

Besides, it must be considered that even lacking such a power-
ful reason, the sole consideration of the French-Costa Rican
Company wishing not to have another neighboring colony in
order to avoid the disagreements which may arise from the
difference of origin and religion, languages and habits, would
be enough to agree to its petition. Lastly, as the only thing that
is asked for is the ownership of the land, the nation reserving
for itself the high dominion of it, the power to impose its laws
and to appoint its authorities, there is no hindrance to a favorable
resolution.

According to such solid basis and as a token of respect for
the enlightened opinion of the Executive Power, which is en-
trusted with the care of foreign relations and is our partner on
the legislative acts on account of the power of sanctioning them
that it has by the Constitution of the Republic — the opinion of
the Committee is that the petition of the French-Costa Rican
Company must be agreed at once and without any exception or
restriction.

Done in the Hall of the Committee, San Jose, October, 1850.

To the Most Excellent Constitutional Congress.

Miguel Mora. Juan de Ds. Marchena.

Therefore, the following Decree is proposed :

The Most Excellent Congress, &c. * * *

Sole article. — In accordance with the opinion of the Commit-'
tee and considering that the petition of the French-Costa Rican
Company is beneficiary to the Republic, this petition is entirely
agreed.

Such is the opinion of the Committee, but the wisdom of the
Congress will resolve the best.

Done in the Hall of the Committee. San Jose, October 9, 1858.
To the Most Excellent Congress,

Miguel Mora. Bonilla. Marchena.

October 10. — The discussion of the aforesaid opinion shall take
place in the next session.

106

October 11. — The second discussion shall take place in the ses-
sion of next Monday.

October 14. — The third discussion shall take place in the next
session.

Most Excellent Congress:

The Committee of Commerce deferring to the observations
that several of the Representatives have made to the opinion
given by it on the proposition made by the French-Costa Rican
Company to colonize the lands that the Republic owns between
the boundaries of New Granada and the line granted to the same
Company, formulates the resolution that it deems suitable to be
taken for the present:

"The Most Excellent Congress of the Republic postpones its
resolution on the proposition made by the French Costa Rican
Company for the colonization of the lands located between those
that have been granted to the same Company and the boundaries
of New Granada, until it shall receive official information of the
success of the contract for colonization made in London with
Messrs. Fyler and Carmichael."

This is what the Committee thinks must be answered to the
Supreme Government ; but Your Excellency will resolve the best.

San Jose, October 15, 1850.

Marchena. Bonilla. Mora. Chamorro. Sandoval.

October 15. — Third Session. The aforesaid resolution was
unanimously approved.

Doc. 297 Extracts from Notes on the Constitution of the Republic

of Colombia.

1853.
On the 28th of May, 1853, a new constitution was promul-
gated. It is known by the name of "Constitution of 1853." It
marks the introduction of the federal system into Colombia.
The preamble of this constitution reads :

The Senate and Chamber of Representatives of New Granada
assembled; Considering that the political constitution sanctioned
the 20th of April, 1843, does not fully satisfy either the wishes
or the requirements of the nation ;

In virtue of the power to add to and amend said constitution

107

conferred by it on Congress, and following the course of pro-
ceedings and in accordance with the extent of power permitted
by the additional act to the constitution of March 7, 1853, decree
the following political constitution of New Granada :

Chapter I.

Article 1. The ancient Viceroyalty of New Granada, which
was a part of the old Republic of Colombia and subsequently be-
came the Republic of New Granada, does hereby constitute itself
into a democratic Republic, free; sovereign, independent of all
foreign power, authority or dominion, which is not, nor ever
shall be, the patrimony of any family or person.

The Congress of 1855 passed an amendment to the constitution,
which had been before the various Congresses since 1852, and
which had primarily for object to make the territory of the
Isthmus of Panama a Federal State, sovereign in itself, and
only dependent on New Granada as regards certain points es-
sential to the nation. As finally unanimously passed this act
allowed not only Panama, but (by Art. XII) the other Provinces
of the Republic to become States. Under it Panama organized
itself into a State in 1855; in 1856 (11th of June) Antioquia was
made a State by the passage of a law, and in 1857 two laws
brought about the division of the whole country into States.^

Report of Don Pedro Fernandez Madrid on the Coast of
Mosquitos and the Question of Boundaries with Central
America.

Bogota, Novemiber 29, 1852.i
To the Secretary of State in the Department of Foreign Rela

tions :
Sir:
An indisposition from which my health suffered during the

* See J. Arosemena-Estudios Constitucionales, II, p. 43. The Con-
stitution of 1853 was amended by legislative acts of February 27, June 4,
1855, and February 10, 1858. F. Velez-Derecho Nacional, 12, calls the
creation of these sovereign States "a natural but absurd consequence"
of the Constitution of 1853.

. ^Bl Reportorio Colombiano, No. XLVIII of June, 1882. Peralta—
Lim. de C. R. y Col., p. 363.

108

latter part of the month of October last and some urgent affairs
which I was called upon to attend to afterwards, although not
entirely recovered from my illness, prevented me, very much to
my regret, from responding as promptly as I desired to the notes
which you did me the honor to address to me, dated the 12th
of the same month and the 2nd of the present one, of which
however I beg to acknowledge the due receipt.

In them you were pleased to enclose various communications
addressed by the Political Chief of the Canton of San Andres
to the Governor of the Province of Cartagena, advising him of
certain infractions committed by some public agents and other
subjects of H. B. M., under pretext of rights of sovereignty
of the so-called King of the Mosquitos and in open violation of
those of , the Republic over the Manglares Islands, commonly
known as Mangle-grande and Mangle-chico (Big and Little
Mangle),^ which have always been considered as belonging to
that Canton and subject therefore to the jurisdiction of its superior
authorities ; and with this purpose also you were good enough to
advise me that the Executive Power had hastened to take suit-
able measures that such improper acts should cease, causing the
dominion of the Republic to be restored over the said islands,
and that in due time there would be sent to me copies of some
documents relating to the Coast of Mosquitos recently found
in the archives of the Secretaryship of Government, to the end
that, upon their examination, I should give my opinion as to
what is best to be done for the welfare of the RepubHc in the
matter and should submit such reports as I might deem proper.

In accord with this action, and being very sensible of the
honor which has been shown me, I will frankly state my opinion,
and will make such observations as occur to me concerning the
subject to which you have been pleased to call my attention; for
although I understand how delicate a thing it is to venture cate-
gorical views upon so difficult a question, and although it is very
true that I do not consider myself competent to satisfactorily eluci-
date it, still I believe that it is my duty in the present case to
candidly respond to the desire of the Government, assured that

* Upon the English maps these appear under the names of "Great Corn
Island" and "Little Corn Island." These islands were ceded by Spain
to Nicaragua by the Treaty of July 25, 1850. M. M. P.

109

your superior wisdom will correct the errors which I may com-
mit and that in any event they will not be the result of pride or
vain presumption but of the earnest desire with which I am ani-
mated to loyalty carry out the will of the Government.

Under the terms which you intimated, it would be superfluous
for me to go into a detailed exposition of the origin of the titles
of the Republic to the dominion of the Coast of Mosquitos, of
the principles of International Law upon which it is based, of
the historic facts which confirm it or the philosophical reasons
which demonstrate and justify it. Nevertheless, for the sake
of clearness and in order that the present report may be some-
what methodical, permit me to briefly refer to some facts, though
without descending to the petty details which would make this
communication too tedious and prolix.

What the Spanish Government maintained, as Your Worship
knows perfectly well, and what the geographers and navigators
of America have always understood as the Coast of Mosquitos, is
that which extends for more than a hundred and eighty leagues
along the Atlantic littoral of this continent, beginning on the
westward at Punta Castilla or Cape Honduras, the boundary
which separates it from the bay of that name, latitude 16° North.
From its start at that point, the Coast of Mosquitos continues
in an easterly direction, forming a somewhat obtuse angle toward
Cape Gracias a Dios, and running from that point in a North-
South direction it terminates at Punta Gorda, near the most
northern arm of the River San Juan de Nicaragua at 11° North
latitude.3

This coast, made up of the old native provinces of Taguzgalpa
and Tologalpa, in the first years following their discovery, made
by Columbus in person, was included within one of the two primi-
tive governments conferred upon Alonso de Ojeda and Diego de
Nicuesa ; but as soon as the Captaincy-General of Guatemala was
organized the whole Coast of Mosquitos was placed under the
immediate dependency of the Intendants of Comayagua or Hon-
duras, although the portion of the coast which extends from
Cape Gracias a Dios towards the South was subsequently segre-
gated from the Presidency of Guatemala and added, at one time

• Punta Gorda is at 11" 26' North latitude.

110

to the Captaincy-General of the Island of Cuba, and at another
time to the Viceroyalty of the Nezv Kingdom of Granada, because
it was easier to watch over and protect it from the maritime sta-
tions of Havana and Cartagena than from the naval station of
Veracrus,'^

* According to Alcedo the Coast of Mosquitos was embraced be-
tween the parallels of 13° and 15° North latitude.

The demarcation most generally admitted is from the River San Juan
de Nicaragua to the River Roman or Agudn (from 11° to 16° North lat-
itude.)

The boundaries which the Audiencia of Guatemala set for the Province
of Tagucgalpa, under the Royal Cedula of February 10, 1576, were:

u* * * from the mouth of the Desaguadero (or River San Juan)
to the point of Camaron, in the same direction where the Province of
Honduras begins, with all the interior territory until the frontier is
reached of what is now the district and jurisdiction of the Province of
Nicaragua and that which is the same of Honduras." (Archives of the
Indies. Patronato. Shelf 1, Comp. 1. Torres de Mendoza: Collection
of Unpublished Documents, etc. Vol. XIX, p. 528 to 537).

The government of Alonso de Ojeda did not have any point of contact
with the Coast of Mosquitos; and Sefior Fernandez Madrid tries to bring
in Nicuesa. It is not correct to say that as soon as the Captaincy-General
of Guatemala was organized it was placed under the immediate depend-
ency of the Intendant (for Governor) of Honduras. The Captaincy-
General of Guatemala was created by the cedulas of September 7 and
13, I543» and three years before the Coast of Mosquitos formed part of
the Government of Cartago or Costa Rica. This government was dis-
membered by the King Don Felipe II on December i, 1573; from its
southern bo*-der upon Veragua to the River San Juan the Province of
Costa Rica was established ; from the River San Juan to the River Roman
(the old River Grande) it was left without any provision being made
for three years, until the Province of Taguzgalpa was created by the
Audiencia of Guatemala with the capitulacion or agreement made with
Diego Lopez, having the boundaries indicated at the beginning of this note.

Sefior Fernandez Madrid often takes one thing for another. The duty
imposed upon the C omandante de Marina of Havana, or upon the Vice-
roy of Santa Fe, to watch over and protect the Coast of Mosquitos, he
calls a segregation from Guatemala and an addition to Cuba or to the
Ne"^ Kingdom of Granada. But that was not the case, for the said coast
remained from every point of view under the jurisdiction of Guatemala.
Only the Royal Order of November 20, 1803, used the words "segregate"
and "add," and the documents show that this Royal Order neither added
nor segregated, and as the author himself says a little further on, was
worth nothing. M. M. P.

Ill

The portion of the coast mentioned, that is to say, that embraced
from Cape Gracias a Dios towards the Sotith, was, as has been
said, directed to be added to the New Kingdom of Granada, in
the time of the Viceroys, Flores and Gongora, by whose reports,
which can be referred to in the copies that are on file in the Hbrary
of national works, it was reincorporated in the Captaincy-General
and Audiencia of Guatemala,^ until by the Royal cedula of No-

' There was no such addition of the Coast of Mosquitos to the A''^^
Kingdom of Granada in the time of the Viceroys Flores and Gongora,
and consequently it was not necessary to reincorporate it in the Captaincy-
General of Guatemala. The fact was that the Viceroys of Mexico and
Santa Fe and the Comandante de Marina of Havana had orders to aid
the Captain-General of Guatemala with "* * * war vessels or quite
different assistance of another sort" (Royal Order of San Ildefonso,
September 24, 1786), without conferring upon those authorities any juris-
diction over the territory of Guatemala. During the administrations of
the Viceroys of Santa Fe, Don Manuel Antonio Flores and the Arch-
bishop D. Antonio Caballero y Gongora (1773 to 1789), the Captains
General of Guatemala, Don Martin de Mayorga, Don Matias de Galvez
and Don Jose de Estacheria, constantly exercised their jurisdiction over
the Coast of Mosquitos and defended it against the English. It is well
known that Galvez drove them out of the Island of Roatdn, from Rio
Tinto and from the River San Juan de Nicaragua with his own resources,
without the New Kingdom of Granada helping him with so much as a
musket shot. Sefior Estacheria, and under his orders Colonel Don Juan
N, de Quesada and Lieutenant Colonel Don Gabriel de Hervias, received
a commission from the King to make the evacuation of said coast ef-
fective.

The duty of watching over and protecting it must have appeared very
difficult to the Viceroy of Santa Fe, Don Francisco Gil de Lemos, for on
July 31, 1789, he asked that the Captain-General of Havana should be
charged with it. The Viceroy Don Josef de Ezpeleta Was willing that
the command of the Coast of Mosquitos should be confided to him and
he asked for it; but he did not succeed in his desires, although he inter-
fered whenever he could in the affairs of that country. Therefore it is a
vain task to pretend that before 1803 there was any segregation or rein-
corporation of the Coast of Mosquitos, because it continued under the
dominion and within the geographical limits of the Captaincy-General of
Guatemala.

See Peralta : Costa Rica y Colombia, various chapters upon the Coast of
Mosquitos.

PerBira (Ricardo S.) ; Documentos sobre limites de los Bstados
Unidos de Colombia (Documents concerning the limits of the United
States of Colombia), p. 115, 135; the report of the Viceroy Gil y Lemos

112

vember 30, 1803, it was definitely added anew to the Vice-
royalty of Santa Fc *or Nczv Granada, together with the Island*
of San Andres, confcrrinj.^ the government of the latter upon Don
Tomas O'Neylly.

Our title to the dominion of the Coast of Mosquitos and of the
Island of San Andres mentioned, as being placed quoad hoc in the
stead of Spain, is founded upon the Royal Order cited, the original
of which exists in the Secretaryship of Foreign Relations and
was printed in the Gazettes, Nos. 349 and 383. This title has
its origin in the exploration undertaken by Spain of those coun-
tries and in the occupation which was made of the most import-
ant points by the same Power. It has, therefore, in its support all
the principles of natural and common law, which give the owner-
ship of a territory to the nation which discovers and occupies
it, and it was further strengthened by the cession which Great
Britain made in favor of Spain of the inchoate right acquired
by the former upon said coast during the wars in which both
were engaged during the last century.®

As is known, the provinces of Spanish America, before their
emancipation, were nothing more than a vast appendix of that
Monarchy, maintained in their dependency by the absolute isola-
tion in which they were kept from the rest of the globe. Such
a system of deprivation of intercourse was the result of a rigor-
ous merchantile monopoly whieh was participated in exclusively
by Spaniards, so that the flag of other nations was not seen in our
ports except during the wars in which Spain was involved and

and the despatch of the Viceroy Ezpeleta. The argument and opinions
of Senor Pereira are very extravagant, and any one who compared his
assertions with the authentic documents would perhaps judge him more
severely than was done in the case of his "Geography of the United States
of Colombia" (in French) by the well known Review, the Geographische
Mittheilungen, of Gotha. M. M. P,

' As it is shown by the documents that the legitimate successor of the
rights of Spain in Guatemala is Guatemala or Central America, and as
Great Britain has ceded to Central America the inchoate right which it
acquired by itself or in the name of the Mosquito King upon the Coast of
Mosquitos, it should be said, turning the argument of Senor Fernandez
Madrid, that the title of Central America finds its support in natural and
common law, strengthened by the explicit recognition of Spain and of
Great Britain, that is, by positive international law. M. M. P.

113

to which allusion has just been made. This foreign commerce
was from its very nature precarious, since the greater or lesser
profit therefrom depended upon the caprice of the Spanish Gov-
ernment and the greed of the local authorities, upon whom it
had conferred the power of permitting it temporarily by means
of special licenses. Nevertheless, under the shadow of this
traffic, and consequently of the piratical expeditions of the fili-
busters or buccaneers, by degrees some English were introduced
into the Spanish dominions and they came to frequent certain
places under various pretexts, such as fishing for sea animals
and the making of salt upon the Island of Tortuga, the cutting
of wood in the Bay of Honduras and upon the Coast of Mosquitos,
etc.

It was in this way that different English adventurers began
to establish themselves clandestinely among the wandering In-
dians along the said coast, and noting the advantages it possessed
for fishing, its lands, its valuable woods and its favorable position
for trade with the other Spanish possessions of the interior, and
even for the opening of a route for interoceanic communication,
they conceived the purpose of appropriating it for themselves. To
this end their relations with the natives were extended little by
little, suggesting to them malevolent ideas and furnishing them
with firearms for carrying on hostilities against the civilized set-
tlements ; so that in the course of time British interests were
formed there which were taken into account and were already
spoken of with marked attention in the debates and diplomatic
negotiations which were carried on between the Crowns of Eng-
land and Spain.

Still, Great Britain did not found any authorized or recognised
establishment in this part of our hemisphere, until by Art. 17
of the Treaty concluded at Paris on February 10, 1763, the Span-
ish Government conceded to the subjects of that Power the
right to reside and to cut wood at the foot of the peninsula of
Yucatan, in the district of Belize, embraced between the Rivers
Hondo and Vallis {Belize), which have their outlets upon the
western coast of the Bay of Honduras.

This privilege, which did not imply any right to the owner-
ship or dominion of the territory, but merely to the use of some

114

of its natural products, was confirmed by the stipulations of Art.
6 of the Treaty celebrated between the same Powers at Versailles
on September 3, 1783; it being well understood and expressed
that the territorial rights of Spain should in no wise be abrogated,
and that therefore the English subjects who were found scat-
tered in any parts of the Spanish continent whatsoever, or upon
the adjacent islands, should withdraw therefrom within the period
of eighteen months, counted from the exchange of the ratifica-
tions of said treaty, without being allowed to gather at any other
point except that of Belize already mentioned.

With the purpose of explaining, amplifying and making effec-
tive what was stipulated in the foregoing Article of this com-
pact,^ completing it and arranging in detail as regards the con-
cessions made to the English on the Bay of Honduras and the
regulations for the complete evacuation of the Coast of Mosquitos^
there was shortly afterwards celebrated in London the Special
Convention of July 14, 1786, which, like the former, was duly
ratified, exchanged and promulgated. By it the King of Great
Britain was required to cause all his subjects, without any ex-
ception whatever, to abandon the possession of the Coast of Mos-
quitos and other points of the continent generally, and of the
islands adjacent, which were outside of the limits indicated for
the district of Belize upon the Bay of Honduras.

In the same Convention H. B. M. agreed that if any of his
vassals evaded his orders, going into the interior of the country,
or resisted them in any other way, far from supporting them he
would repudiate them entirely, as he also would repudiate those
who might thereafter locate themselves in territories belonging
under Spanish dominion, which were not embraced within the
limits indicated for the district of Belize, and that he would
prohibit his subjects in the most positive manner furnishing
arms or munitions to the Indians established in the Spanish
possessions.

'The English deny that they were compelled by the Treaty of 1783 to
evacuate the Coast of Mosquitos. This denial and the disputes that fol-
lowed were the cause of the Convention of lyondon, of July 14, 1786.
The English who, with their slaves, evacuated that coast numbered 3,550.

(H. H. Bancroft; "History of Central America;" vol. II, chap. XXXII.)
M. M. P.

115

Under this Convention (of which you were good enough to
forward to me a certified copy and which Hke the others has
been printed in various collections of public treaties) both Courts
issued orders and instructions which are on file in the Secretary-
ship of Government, of which you have also been kind enough
to send me a copy. These documents, with which I was not
acquainted and which I have read with all the attention they de-
serve, are certainly of great historical interest, as papers illus-
trative of the diplomatic bargain to which I have referred; and
if, after the voluminous historical evidence and decisive official
proofs which have been adduced in this question, it was neces-
sary to have any further data, these would be sufficient to dem-
onstrate what has already been -superabundantly proved, to wit:

1. That Great Britain never denied abstractly recognition of
the right which, Spain held upon the Coast of Mosquitos, but
on the contrary recognised it repeatedly and explicitly.

2. That when it took possession of that coast it was only as a
hostile measure, similar to those which it carried out at the same
time upon the Island of Cuba and in other Spanish possessions.

3. That the inchoate right which Great Britain thus acquired
over the Coast of Mosquitos was not only never perfected, but
it was expressly abandoned in favor of Spain, giving back form-
ally and materially that territory and the immediate islands, by
means of the most positive and solemn restitution.

4. That the sacrifices which Spain made to attain this restitu-
tion, such as the permission granted to the English to cut wood
in the district of Belize, to establish themselves there and build
dwellings and warehouses, etc., gave greater force and authority
to the rights of Spain over the Coast of Mosquitos, adding to
the titles which it originally possessed and of which it never
had been despoiled the one given to it by a public restitution
obtained from Great Britain in an onerous contract, in which, as
it was expressed by its own governing authorities, the latter, in-
stead of a simple cession, made a very advantageous exchange.

5. Lastly, that in the correspondence to which the occupation
of the Coast of Mosquitos by the English gave rise, no other
rights were ever taken into consideration than those of sover-
eignty of Spain over said territory, or those which Great Britain
claimed to have acquired, as a matter of grace, for the cutting of

116

timber tlierein ; but neither upon the one side nor upon the other
was there ever any claim to set up a representative or political in-
dividuality, or any title whatever to dominion on the part of the
Indians, or to pay the slightest attention to them, except to ask
in their behalf the clemency of the King of Spain, as the recog-
nized sovereign of those Indians.

Until within a few years ago the British Government, recog-
nising by numerous explicit and deliberate acts the rights derived
from Spain which the American Republics hold upon the Coast
of Mosquitos, made no further claim upon them except that
they should continue tolerating this establishment of Belize, under
the same conditions as it was tolerated by Spain, without asking
as regards the Coast of Mosquitos anything more than the right
to trade with the natives thereof, under the same terms as the
Government of Colombia allowed this traffic to the other nations.

This attitude of the British Government was a natural conse-
quence of the recognition of the independence of the old Spanish
colonies, which were accustomed to the method of existing in
large compact portions under the administration of the Viceroys,
Presidents or Captains-General, and felt that in withdrawing
themselves from the peninsular dominion they ought not to dis-
solve the social bodies which had been formed, and they there-
fore continued to respect the territorial demarcations indicated
by their natural character and adopted by the previous adminis-
tration, each section assuming the sovereignty which it needed for
its own government by itself, but without changing ordinarily
the ancient respective territorial integrity. Thus it was that
upon the emancipation of Nezv Granada, either as an integral
part of the Old Colombia or as a section separate from it, each
city, each town, each village, or each tribe, did not assume sov-
ereignty, but the whole made up of these parts; that is to say,
the people of the ancient Viceroyalty, capable of being constituted
into a State or Nation independent of Spain, but compact within
itself. In any other way independence would have been a prin-
ciple of dissolution, a disorganization of society instead of pre-
serving it under regular forms, susceptible of interior order and
of exterior consideration.

Nevertheless, Great Britain, long years after it had recognised
our independence, the execution of the foregoing compacts hav-
ing already been relaxed by the political changes of the new

117

American States, not only has refused to take up the examina-
tion of our protests and claims against the repeated acts infring-
ing the territorial rights of the Republic which were committed
by the Superintendent of Belize and other British subjects upon
the Coast of Mosqiiitos, at Bocas del Toro, upon the Mangle
Islands, now begun anew, and at other places in Granadian terri-
tory, but it has confined itself to replying disdainfully to the ex-
tended and well founded statements of our rights, without mak-
ing any effort to controvert them : —

''That the Mosquito Nation continues now, as it has from
remote times, in a certain sense under the guardianship of the
British Government ; that the latter does not claim to appropriate
to itself any part of the territory of that tribe ; but recognising,
as it does recognise, the independence of the Mosquito Indians,
it has more than once instructed the British authorities in that
part of the world that they should notify the neighboring States,
that Great Britain will not view with indifference any usurpation
of the territory of Mosquitos/'

These and other analogous declarations have been closely fol-
lowed by scandalous acts of official intervention, diplomatic and
armed, such as the appointment of a Governor Superintendent
under the specious designation of Consul General ; the wrongful
and forcible permanent occupation of the Port of San Juan de
Nicaragua, and other acts outraging every principle of justice
and international security with which the usurpation has been
consummated which that Government undertook to carry out in
the name of the imaginary King of Mosquitos}

* Although Senor Fernandez Madrid wrote in 1852 it is apparent that
he was not aware of the stipulations of the Clayton-Bulwer Treaty and
the diplomatic negotiations which followed.

•The occupancy of the Port of San Juan del Norte (Greytown) by the
English took place on the 1st of January, 1848; but not in a permanent
and irrevocable way.

Lord Palmerston, in despatches of May 28 and October 28, 1850, to Sir
Henry Bulwer, Minister of H. B. M. at Washington, suggested the ces-
sion of Greytown and of a sufficient district at the North of Greytown
to Costa Rica. The same Lord Palmerston made a similar proposition
for cession on June 25, 1851, in favor of Nicaragua, and the first article
of the Crampton-Webster Convention stipulated for such cession in a very
explicit and solemn manner, and it is singular that the Government of
New Granada should have had no knowledge of this diplomatic instru-
ment. M. M. P.

118

Under such a state of things, which may already be deemed
as unchangeable, the question of what is best to be done for the
welfare of the Republic is as natural and pressing as it is diffi-
cult of solution. Therefore it is, that in suggesting for your
consideration the few points that occur to me in reference to
this matter, I consider it is also my duty to hastily examine those
which I know have been given out concerning the same subject
to the public or to the Government.

There has been no lack of those who were of opinion that the
latter could without disgrace or dishonor declare the independ-
ence of a territory like that of Mosquitos, which it is evidently
not prepared to govern nor could it govern well; and it is im-
mediately apparent that if we were to do such a thing our ques-
tion with England would be reduced to the narrow limits of a
question of laying out a boundary in which there would be no
difficulty in making an arrangement, inasmuch, as was stated
in a notice given by the British Legation to your Secretaryship
in 1847 or 1848, "* * * the British Government, after hav-
ing examined various documents relating to the Coast of Mos-
quitos], is of the opinion that said coast embraces the territory
situated between Cape Honduras and the mouth of the River San
Juamr."

This declaration, to which the British Government, in fixing
the limits of the territory of Mosquitos at the mouth of the River
San Juan, did not add that it should be understood "without
prejudice to those that might belong to it further to the South,"
which words are found in some of its communications addressed
to the States of Honduras 2ind Nicaragua — this declaration, I say,
was considered by our Government as a thing that should be
taken up, because it narrowed the sphere of the question, giving
to it precise terms, and because reducing the Coast of Mosquitos
to what it really is and ought always to be understood to be, it
amicably settled in advance a basis for some compromise or bar-
gain in case of need as circumstances might make desirable.

And while it is clear that of said declaration, and especially
of the omission which has been noted in it, a very diflferent under-

119

standing could be had from that which was then had,, it would
always be evident that the British Government sought to induce
us to enter into such an arrangement, for its agents never lost
an opportunity to indicate to those of the Republic (as Mr.
O'Leary did in announcing in 1845 the appointment of a British
Consul for the Coast of Mosquitos) "* * * that the Govern-
ment of H. B. M. would regard with satisfaction the equitable
settlement of the boundary points which are in dispute" between
the King of Mosquitos and the neighboring States, and that the
agents of H. M. in Central America and in Mosquitos were au-
thorized to make such a settlement by means of a treaty or written
agreement.^

With knowledge of the dispositions that may be inferred from
these intimations, it was also suggested to the Granadian Govern-
ment, by persons familiar with the matter, that it should invite
that of H. B. M. to make an explicit recognition of our rights
over the Isthmus of Panama as far as the River Horaces or Cule-
bras and that such recognition be arranged with the British Gov-
ernment by means of a Decree which should be passed by the
Congress, by which, without cession to any third party, it simply
renounced the rights of the Republic to the littoral embraced be-
tween those rivers and Cape Gracias a Dios. And as a matter
of fact, confining the attention solely to the form that should be
adopted in order to carry this idea into effect, it may without
trouble be conceived that, disregarding some constitutional dif-
ficulties which perhaps it would be possible to get rid of, the re-
nunciation, or better still the abandonment of the national rights
over the Coast of Mosquitos, could be made by implication in a
decree reorganizing the territory of Bocas del Toro, or bound-
ing it anew as Canton of the Province of Chiriqui, fixing its wes-
tern limit and that of the Republic, upon the Atlantic, at the

"These conjectures were gratuitous. By the note of Lord Palmerston
to Senor Mosquera of May 4, 1848, it appears that the English Govern-
ment did not admit the right alleged by that of New Granada over the
Coast of Mosquitos and refused to enter into a discussion with it. The
strange thing is the silence which the Colombian Government observed in
respect to this note, notwithstanding the fact that its Minister in London
received it in May, 1848, and that it was published on July 3rd of the
same year. M. M. P.

120

River Cuiebras or Doraccs; by which ipso facto our title would
be given up to the dominion of said coast.^**

But it is not easy to see how it would be feasible to combine
this tacit renunciation of our rights over the Coasts of Central
America (an idea that ought at all times to be kept in mind, as
at sometime it will be desirable to make use of it) with an ex-
plicit recognition that Great Britain ought to make of our sover-
eignty upon the rest of that littoral and from the borders of the
archipelago of Bocas del Toro, at the north-west of the Isthmus
of Panama, to its greatest extension toward the South. For this
to be regularly done, it seems that it would be necessary to cele-
brate, under the intervention and guaranty of the British Gov-
ernment, one or more boundary treaties with Costa Rica and the
other States of Central America interested in this question, and
it is at once apparent what grave practical difficulties and what
transcendent political consequences such an operation would entail.

'"How could Senor Fernandez Madrid forget that the Government of
New Granada in 1836 organized the territory of Bocas del Toro and that
in 1837 it erected it into a Canton, fixing as its western boundary the
River Cuiebras f Sixteen years before the Colombian Government had
already adopted the plan here suggested. Although the Decrees of 1836
and 1837 did not expressly state that the River Culebras was the boundary
of the Republic, it was evident that such was the intent of the legislature,
in proposing, as set out in the first preamble of the Decree of 1836, to
assure the proprietorship of the Republic over that territory, organizing
it for the first time and indicating a demarcation which, while not claim-
ing to be precise left it somewhat less vague and arbitrary, without the
least basis in Royal Cedulas or other valid acts of the sovereign power.

The Decree which Senor Fernandez Madrid asks for, which had
been issued since 1836, was equivalent, in his opinion, to a tacit renuncia-
tion of the rights of New Granada to the coasts of Central America.
But, what did Colombia give up, if its title was no more than a duty,
onerous, vague and undefined, which was worth nothing, as he himself
states? Colombia could not give up what it did not have, but it should
make its title (the Royal Order of 1803) serve to give color to its real
and actual territorial pretensions, making use of such title as a screen
until it could create a valid one, as the result of negotiations with Great
Britain and the States of Central America, — which would assure to it
more efficiently than by its own decrees the sovereignty and tranquil pos-
session of Bocas del Toro, to which territory it recognised that it had no
clear title prior to the forcible occupation of 1836. Such is the view of
the author. M. M. P. ^

121

It would afford a basis and it would even confirm in a certain
way the false principle that within the ancient limits of the Span-
ish American Republics there . existed independent native tribes
with which other powers had the right to treat, or territories
adespota which they were at liberty to occupy. Furthermore,
such a step would take us away from the system of quasi-alliance
which we have initiated with the United States and which it is
desirable should be cautiously tested, not because of itself it is
deserving of great regard but because it is our written duty and
because it may perhaps be that it may be for the material inter-
ests of the United States to afford us efficient aid in this matter.
And I speak of material interests and not of any other, because
as we know they are what dominate there and what move all the
social machinery, perhaps more powerfully than in Europe, where
in the opinion of intelligent persons the number of men is greater
and more influential who do not look upon humanity and philan-
thropy as vain words.

Putting this one side, I will only permit myself now to say that
in my opinion New Granada can not undertake to enter into any
bargain which has for its basis the tacit or express recognition
of the independence of the territory of Mosquitos, without being
guilty of the most flagrant inconsistency, for, how will others
judge us and what will they think of our fickleness, if, after so
many and such solemn declarations to the contrary, and after hav-
ing put in evidence the titles which New Granada holds to the
proprietorship and dominion of that territory, we come at last
to a recognition of its independence? If, in spite of fundamental
principles and the best settled and generally admitted axioms
of the Common Law ; if, sacrificing not only our sovereignty,
but also that which belongs to Honduras, Nicaragua and Costa
Rica, we should make such a recognition, notwithstanding the
force of law and the powerful arguments which are afforded by
public treaties and historic facts that favor us in the present case ?
What principle could we allege and to what sufficiently power-
ful reason could we appeal when the day comes that the same
England, or any other maritime Power, may seek to question
our dominion over the coasts of Darien, Goajira or other points
of our territory, deserted or occupied only by wandering natives ?
None, evidently none.

122

We may conclude, then, that however we may compromise in
endeavoring to reach a final conclusion, less dangerous if not
in all respects favorable, of this disagreeable question of Brit-
ish power, we must never give up the principle which we have
asserted, which is observed by Great Britain and generally adopted
by the United States and the other nations that have conquered
and now hold by succession the countries of the two Americas,
and that is, that the discovering Power and its legitimate suc-
cessors, while respecting the occupation of a portion of territory
by natives, exercise over it a certain sort of supremacy and direct
dominion, with all the consequences flowing from this principle
and which were borne in mind by your immediate predecessor
in his report to the National Legislature of 1850.

The Mosquitos affair, as was then stated, has for New Granada
not merely the interest of a simple question of law, or of a simple
question of territory, but it is one of honor, of security and the
principles involved are essential to our nationality and independ-
ence ; for the principle set up by the British Government, alleging
the existence of native powers of a sovereign character, within
the limits of the Spanish American States, constitutes a direct
threat against the proprietorship and dominion of these Republics
over the greater part of the regions over which yet wander some
remnants of the primitive hordes of heathen Indians who in-
habited them at the time of their discovery, conquest and coloni-
zation by Spain. It obtained in those territories, and the Repub-
lics by which it was succeeded also preserved, such a possession
as was possible in uncultivated regions, vast in extent and almost
deserted.

Looking at things in this way, from which we must not get
away in our relations with Great Britain, nor with any other for-
eign Power, with the exception of the States of Central America,
the only one adjoining upon that side, with which we have cele-
brated treaties under which it is to be presumed we will some day
come to an understanding in order to settle in a manner satis-
factory to both parties the exact demarcation of our extensive
territorial boundaries. Looking at things in this way, as I said,
it appears that while the British Government continues to pur-
sue the line of conduct which it has hitherto followed and until

123

some opportunity presents itself for us to put a decorous ter-
mination on our part to so embarrassing a question, we ought to
formally follow our system of protests against every prejudicial
act performed by British agents upon the Coast of Mosquitos, so
far as it affects the rights of Nezu Granada in the portion of that
territory which belongs to it.

This course, a proper one for us and easy to pursue, while it
may not offer any other advantage, will serve us as it has thus
far in preventing Great Britain from carrying out the design
which it harbors and is shown by its acts of infringing upon our
sovereignty in the territory of Bocas del Toro, which having
a magnificent bay and the best port there is upon the whole of
that littoral is also the object that most highly excites its covetous-
ness.ii

To stop Great Britain in the course of its usurpations, although
it may be only temporarily, is to gain time, and to gain time in
this question in the present condition of the whole world is to
gain a great deal ; for, as has already been intimated, it may very
well happen that in the unforeseen fluctuations of politics, some
other powerful nation may see fit to interpose some obstacle to
British ambition, or that by our own efforts we may succeed in
giving a more favorable direction to the question. With our
scant means for resisting the ambition of the great powers, we
ought to take advantage of everything that may afford us the
slightest hope of a better result, and in fact we may expect this
from the reciprocal fears of these powers. If, for example, the
considerations which have been observed by the Governments of
England, France and the United States, led to the independence
of the Sandwich Islands and of the Society Islands being re-
spected, as to which mutual concessions have been made, and if,

" Great Britain maintained that the Mosquito Kingdom extended to
Buppam's Rock, at the South of the Escudo de Veragua, and it has al-
ready been seen that the Government of H. B. M. considered that the
frontier of the Captaincy-General of Guatemala and of Costa Rica reached
as far as the Escudo m Veragua and the River Chiriqui, at meridian 81°
34' of longitude West of Greenwich. Under this view Great Britain did
not in any way infringe the sovereignty of New Granada and as regards
the rights of Costa Rica it is fair to say that Lord Palmerston recog-
nised them with justice and gave them his support in the course of
various diplomatic negotiations. M. M. P.

124

by virtue of these views Peru was able to maintain its dominion
over the uninhabited Islands of Huano, why, observing upon
our part a discreet and dignified attitude, may we not hope with
greater reason that our present and positive possession may be
respected in the archipelago of Bocas del Toro and the Islands
of San Andres f

It is however necessary to remember that we must be more
moderate in the expectations we cherish as to the friendly help
of other nations and that in order to secure this result the main
thing is still for us to seek to preserve our rights by our own
strength and that in order to assure and defend them we must
accustom ourselves to first of all count upon ourselves. To put
'an end to the uncertainty as regards our frontier with Central
America, fixing our territorial demarcation on that side in the
clearest and most precise manner possible; without however
on this account failing to go on meanwhile formally indicating
efficiently, by acts of actual and material possession our exclu-
sive dominion over, the territory that belongs to us absolutely
and unequivocally as far as the River Culebras and over the ad-
jacent islands, founding permanent establishments at the most
important points and protecting those which we have already,
this is the first thing about which we must think. The other
measures we may be able to adopt are all of a secondary interest
and of an accessory character; it would, therefore, be a grave
error to give to them more importance than they deserve, for
this would distract our attention from the essential thing, which
consists in marking out and occupying that territory.^^

Taking up now the consideration of the succinct indications
which have just been made, we start with two facts that appear
to be unquestionable:

1. The usurpation carried out upon the Coast of Mosquitos is

"This paragraph explains the consecutive acts of invasion committed
by Colombia upon the territory of Costa Rica, in spite of all the argu-
ments and principles which its defenders bring forward when Great Brit-
ain or Venezuela is considered, and that the purpose is to formalize, by
acts of actual and material possession ; the dominion which it pretended
to hold exclusively, absolutely and unequivocally (?) over the territory
of Costa Rica, which extends between the River Chiriqui and the River
Culebras (?) or the Sixoula. M. M. P.

125

virtually of an irrevocable nature, by reason of the enormous
disproportion between the power and the resources of the ag-
gressor and the party injured, and on account of the inflexible
policy which characterises the former.

2. Our title to the dominion of the Coast of Mosquitos, re-
duced to the onerous duty which was imposed upon us by the
Royal Order of November 30, 1803, is worth nothing, nor is it
of any utility for ourselves ; we ought to get rid of it, in such a
way that it may not make us troubles of another kind.

Neither New Granada nor the States of Central America can
undertake to re-establish upon the Coast of Mosquitos an au-
thority which, for reasons that can not be gone into at the present
time, has probably been lost there forever.i^ It would be neces-
sary to conquer that territory anew, for the British Government
has made advances of such a character in that question, its in-
nate arrogance and its physical interests are involved in such a
way therein, that it is easy for it to convince itself that, not only
for its own convenience but as a point of honor, England, unless
there is some emergency it is not possible to foresee, will never
take a step backward. The Coast of Mosquitos, like Texas, like
California, like the Falkland Islands and other territories, has
been snatched away from our unfortunate Republics as some of
them may perhaps disappear from the political map of the world,
like a fruit which falls from the tree without ripening. With a
little more judgment, with some concert of ideas and principles,
with more unity and energy of action, they would have made
themselves respected as powers or admired as victims, in which
case they would also have compelled respect.

This required, however, heroic sacrifices, and intimate and
permanent fellowship, a vigorous conduct and a firmness and
perseverance which could hardly be expected from such pre-
carious governments, torn by turbulent factions, compelled to
provide for their daily wants and at times administered by men

" Senor Fernandez Madrid did not know of the existence of the Clay-
ton-Bulwer Treaty and the Crampton-Webster Convention, by which
England made a tacit renunciation of the Mosquito Protectorate and un-
dertook to refrain from colonizing or exercising any dominion upon
that coast. The Treaty of Managua was signed eight years after this
Memorial was written. M. M. P.

126

incapable of lifting their eyes to the height from which the
Granadian Government has contemplated and now regards our
situation.^'*

But there is still more, and that is that if on the one hand
the task of recovering the Coast of Mosquitos is greater than
our strength, on the other hand the title that ive have to the
dominion of that territory is of such an anomolous and indefinite
nature, that strictly it woidd be reduced to the duty of affording
it the maritime protection it might need for its coast guard
against outside aggressions. It appears very certain that in
view of all the circumstances of the case this appears to have
been the intention with which the Spanish Government issued
the Cedtda of 1803 ; since by it there was not then added to New
Granada any integral province or territory, but simply a portion
of the Coast of Mosquitos ; and by coasts can not be under-
stood the districts of the interior country, nor even the littoral
establishments of Moin, or Salt-Creek, San Juan de Nicara-
gua, or Greytown and Lacuna de Pereas or Beuepieeds, which
always were, as they continued after the issue of that order, ex-
clusively dependent upon Central America.^*^

Under this interpretation, which seems to be the only one
that harmonizes well with that document, the dominion we have
derived from Spain over the said territory would be left reduced
to the islands, which undoubtedly are embraced under the desig-
nation of ''coasts," and to an extension of beach, littoral or
shore of the sea, exceedingly difficult to mark out and of which
we have absolutely no need. We ought, therefore, to make haste

" Senor Fernandez Madrid treats the Republics of Central America
with great injustice. The firmness and perseverance with which Nicara-
gua has maintained its rights in the face of powerful England, even at
the risk of war, which might have caused her to disappear from the roll
of States, are noteworthy, and Nicaragua may take pride in the fact
that to her energy is due the restoration of her dominion over the Coast
of Mosquitos. M. M. P.

"These words are sufficient to decide the question between Central
America and Colombia in favor of the former; for just as he had al-
ready stated, the Royal Order of 1803 was for Colombia no more than a
weapon with which to fight. The cession which Senor Fernandez Madrid
suggests presupposes the validity of such Royal Order, which was abro-
gated and annulled by others subsequent to it. M. M. P.

127

to cede it to the States of Central America in exchange for secur-
ing in the interior of the Isthmus, taking advantage for that
purpose of any favorable opportunity, a frontier demarcation
which would avoid all reason for doubt or dispute in future, or
at least marking out for us the Coast of Mosquitos, fixing
towards the North-west upon both oceans the boundary of our
territory at conspicuous points and in a permanent and positive
manner, provided that this can be carried out without compro-
mising any principle engaging our security and without diminish-
ing directly or indirectly our right to the other territories which
belong to us.

Having made this general observation, from which it becomes
very evident that the settlement of our boundaries with Central
America is an essential means for putting an end to the Mosquito
question, it may perhaps not be deemed improper at this place
to offer some special considerations regarding those limits, to
which you were also pleased to call my attention in verbally
advising me of the commission which you had just conferred
upon me.

The division line between New Granada and Guatemala was
not established by the Spanish Government except only in the
vague way which has just been stated, and at times in a still
more indefinite manner ^^ ; and out of this arises the lack of uni-
formity which is observed in that border line, purely imaginary,
indicating by a series of dots which run across the Isthmus upon
some of the maps. The fact is that the division line between
the two Republics ran through a rough country which was never
explored during the time of the Spanish Government and which
even yet has not been surveyed. It is therefore clear that in
order to proceed to locate the internal demarcation in a precise,
correct and definitive way, it would be necessary to have a pre-
liminary reconnaissance made of the territory referred to and
have a topographical chart of it prepared, so that with this in

" This assertion is entirely erroneous. The demarcations made by the
Royal Cedulas, Capitulaciones and Provisions of September 6, 1521, De-
cember 24, 1534, January 19, 1537, November 29, 1540, January 21, 1557,
May 20, 1559, August 20 and September 22, 1560, December 1, 1573, Aug-
ust 30, 1576, and Dec. 29, 1593, are neither indefinite nor vague; but those
of the maps are. M. M. P.

128

view or simply with the reports of the respective engineers, and
with a knowledge of the lands and waters where the line was to
run, the stipulations might be drawn up for the corresponding
treaty, with the clearness, exactitude and definiteness proper in
documents of that nature.

This is the way in which it appears that our GkDvernment ought
to proceed in order 'to secure a perfect and conclusive adjust-
ment of its boundaries; but if this procedure is deemed too slow
and embarrassing and another less tardy and difficult of execution
is desired, we could conform thereto, as already has been stated,
by clearly fixing the extremities of the division line upon both
littorals of the Isthmus, leaving to later negotiations the arrange-
ment of the details as to the internal frontier throughout its
whole extent, from Punta Careta or the outlets of the Doraces
or Culehras, upon the Atlantic side,^''^ to Punta Mala, Cape Burica
or other suitable region of Dulce Gulf, upon the Pacific, for with

" Senor Fernandez Madrid speaks of two distinct rivers, the Culebraj>
and the Doraces, and suggests one or the other as the boundary for Co-
lombia. What does it amount to? Senor Felipe Perez considers the
Culehras the same as the River Doraces, Dorces or Dorados, and it was
a river Dorados which the Congress of New Granada proposed as the
boundary in 1857. Senor Perez submitted to the legislative authority of
his country. See Felipe Perez : Geografia fisica y politico del Estado de
Panama; (Physical and Political Geography of the State of Panama).
Bogota, printed by La Nacion, 1862, p. 6.

Upon t>ie chorographic map of Panama (official) by Senores Ponce de
Leon and Paz (Bogota, 1864), the River Culehras or Dorados is a single
river, the location, course and outlet of it being purely imaginary.

Seiior Rico, Minister of Foreign Affairs of Colomhia, in 1880 fixed as
the boundary the River Culehras, without making any mention of the
Doraces or Doradosf The Neo-Granadian Congress of 1857 was given
no attention by Senor Rico, who adhered to the simple River Culehras,
'fixed by the legislature of 1836 as the frontier of the territory of Bocas
del Tore.

What is the River Culehras and what is the Doradosf

Is it one or are there two rivers?

In view of this disagreement may there not be a third?

At all events, it is not the river which Colomhia claims as the frontier
of Costa Rica, but the one which empties to the South of the Bscudo de
Veragua, which may be called Chiriqui, Calohehora or Culehras.

Upon the Pacific the boundary of Costa Rica was the River Chiriqui
and Dulce Gulf, wholly, with all its shores belongs to Costa Rica. M. M. P.

129

this and by giving up the remainder of that littoral as far as
the promontory of Gracias a Dios, our position would be very
much simplified, beginning the demarcation of our frontier and
v^ithout any new burden or additional charge for the States of
Central America, but rather one trouble the less for them. There
would be a positive relief and advantage for New Granada, which
would get rid of the bother of the questions relating to Mosquitos
and it could devote itself to the development of the neighboring
territories which belong to it.

Unfortunately there is not now in Central America, nor is it
probable there will be constituted there at a very early day, a
general government with which that of New Granada can come
to an understanding. Nor can we expect that those States, gen-
erally so discordant, are now going to unite in maintaining at
Washington a Legation which could treat with ours concerning
this matter.^® And yet it is more sensible to suppose that even
if we should determine, as I think we ought to do to send a
respectable mission which could negotiate directly with the Gov-
ernment of Nicaragua, Honduras and Costa Rica, as it would
be with those that we would have to deal, the successful issue
of such a mission would be more or less problematical.

With the first of these States we would have nothing more to
do than to cede to them the portion of the Coast of Mosquitos
which belongs to us from the River San Juan to Cape Gracias a
Dios, and we could do the same with Costa Rica as regards the
littoral embraced between the River Culebras and the San Juan,
as to which there would be also no difficulty, but it is to be feared
that in tracing the division line properly so-called, which is to
run through the interior of the continent, or even if we only dis-
cuss the fixing of the terminal or border points upon the littoral,
Costa Rica will bring up again the claim of sovereignty which
has heretofore been advanced on the part of Central America over

^^ Costa' Rica had from 1851 a Legation in Washington under the charge
of the noted diplomatist Don Felipe Molina. When Seiior Fernandez
wrote his Memorial he was in negotiation with the Minister of New
Granada, Don Victoriano de D. Paredes and it was already nearly three
years that Senor Molina, at Madrid, at Paris, at London and in Wash-
ington, had fought the claims of New Granada. Don Jose de Marcoleta
represented Nicaragua at that time. M. M. P.

130

the archipelago of Bocas del Toro and the Island of the Bscudo
de Veragiias, a claim which has more than once given rise to
strong demands upon our part, this having also been the reef upon
which have stranded various fnegotiations undertaken during
the time of Colombia and even more recently during the revolu-
tion of 1840 and 1841.

From the time that the Provinces of Central America threw off
the temporary control of General Iturbide, providing for their
respective forms of administration and that of the confederation
in which they maintained themselves for sometime, the State of
Costa Rica declared in 1825, in one of the Articles of its Political
Constitution : ''* * * the territory- of the State is now ex-
tended * * * North-South from one sea to the other, its
limits on the North being the River San Juan and the Bscudo de
Veraguas, and on the South at the outlet of the River Alvarado
and that of the Chiriqui;" and this same expression as to bound-
aries was reproduced in the various constitutions which Costa
Rica adopted subsequently for its government, either as an inte-
gral part of the Central America Confederation or as an in-
dependent State.

The same general government of those united provinces, in
a communication addressed by it to the Colombian plentipoten-
tiary charged with the boundary negotiations in 1825 or 1826,
indicated as the division line, natural or convenient, between the
territories of the two Republics, the one running by the Bscudo
de Veraguas upon the Atlantic, the outlet of the River Boruca
upon the Pacific and the district of Chiriqui in the interior of
the ancient Province of Veragua. The Government of Colombia
was no more moderate in its pretensions at that time, since it
sought to obtain in compensation for the abandonment of its
rights over the Coast of Mosquitos, the sovereignty of all the
territories situated upon the southern bank of the River San Juan,
and consequently the perfect right to the free navigation of this
river and of Lake Nicaragua. And it was because of these ex-
aggerated and conflicting claims that the negotiations had no
result whatever, but the boundary question was left, as it con-
tinued, upon the footing it was placed by the Treaty of March
15, 1825 (No. 7, part 2, treaty 7, R. G.), by Art. 7 of which

131

both parties agreed to celebrate a special agreement as to bound-
aries and to respect meanwhile those which then existed, which
are still the same that separated the ViceroycUty of Santa Fe from
the Captaincy-General of Guatemala.

Notwithstanding this disposition, the Government of Costa
Rica, interpreting or feigning to interpret absurdly Art. 8 of that
same treaty,^^ which allowed the making of surveys in the border
territories, in 1836 sent to the Islands of Bocas del Toro some
persons commissioned by that Government to colonize that terri-
tory and rule over it in its name, at the very time that by virtue
of the Legislative Decree of May 30, 1836, which organized pro-
visionally the administrative government of that same territory,
there was being established there a Granadian authority, as no
one had disputed, nor could they dispute justly, the proprietor-
ship of the Republic over said territory, an integral part of that
of Veragua from time immemorial. ^^

The Granadian Government was not unmindful of this pro-
ject, nor of others which that of Costa Rica undertook at the
same time in order to plant illegal colonization establishments
upon the shores of Burica or Boruca,^'^ in the same Province of
Veragua, but made timely protests and formal claims,, the former
Government passing resolutions in accordance with the rights and
dignity of the Republic as regards the uncertainty of the true
frontier line. And what is more, it caused an official visit to be
immediately undertaken upon the Islands of Bocas del Toro, des-
patching forthwith from Cartagena a small but well-equipped mili-
tary expedition to occupy them and there was obtained from the
inhabitants, almost all of whom came from Jamaica and other
English possessions, a solemn recognition of the national au-

"It was not under Art. 8 of the Treaty of March 15, 1835, that Costa
Rica proposed to colonize the Islands of Bocas del Toro, but in virtue
of its titles of sovereignty and legitimate possession since the year 1540
and under the guaranty of that treaty, infringed by Colombia. M. M. P.

*°This assertion is contrary to the facts and the titles of Costa Rica.
M. M. P.

"These two names were often confused but they are quite a different
thing. The pretensions of Colombia never reached further than the Rio
Golfito in Duke Gulf, and the River Boruca or River Grande de Tirraba
is situated at 70 kilometres to the North-West of Burica.

132

thority, which, with the material possession we have kept, has
been maintained inviolate in spite of the hostile threats and the
subtle efforts of the English.22

Since then I do not know of any other acts on their part ex-
cept the one to which I will refer, as it was set forth in the pub-
lications made at the time in Panama and which were to be found
until a^ short time ago in the National Library.

In 1841, when the Provinces of the Isthmus were separated
from the rest of the Republic, Sefior Pedro Obarrio, a citizen
of the former, went to San Jose, capital of the State of Costa
Rica, and in pursuance of a certain diplomat;ic commission which
had been confided to him, subscribed an agreement with the Su-
preme Chief of Costa Rica under date of September 22, 1841,
concerning the recognition of what was called the "State of the
Isthmus/' in which were set out the bases for a treaty of friend-
ship arid commerce, and in which the State of Costa Rica declared
that it "* * * reserves its right to claim from the Govern-
ment of the Isthmus the possessions of Bocas del Toro upon the
Atlantic Ocean, which the Government of New Granada had
occupied crossing over the division line located at the Escudo
DE Veragua/'

In acknowledging the receipt of this document, promising that
it would be submitted to the consideration of the Congress of the
Isthmus, the Minister of Foreign Relations of this latter State
announced to that of Costa Rica that the claim as to Bocas del
Toro, to which Art. 4 of the Convention cited referred, would
be satisfactorily answered by the Government of the Isthmus,
and that in the respective conferences the principles established
by modern civilization and by international law would be ob-
served. Nothing further was done in regard to this matter,
because order having been re-established in the rest of the coun-
try, the authorities who had been in office upon the Isthmus were
replaced by the legitimate ones and the Government of Costa
Rica refrained from seeking the approval of the pending treaty.

These facts and the other analogous incidents which have
recently occurred ought to be taken into account in the renewal

'^ Colombia has always proceeded by force and presented the point of
the sword when it undertook any of its invasions. M. M. P.

■^- 133

of the boundary negotiations, for although on the part of the
States of Central America such acts only constituted an absurd
pretension to settle by their own action a question which, if it
could deserve to be called such, would be essentially an inter-
national one and could only be decided by a treaty ; and although
even then they could never invalidate the legitimate possession
which Nenj Granada obtained and the jurisdiction exercised by
its government over the territory of Bocas del Toro, such as was
shown by the Legislative Decree of May 30, 1836, fixing, in ac-
cordance with the uti possidetis of 1810 ^^ the extremity of its
littoral at the River Ciilebras, yet still such acts would furnish
a strong presumption concerning points that would give rise to
controversy when it was undertaken to arrange by negotiation a
settlement of the boundary line between the two Republics and
therefore they deserve to be kept in view against the arrival of
such an exigency and on this account it is necessary in this
paper to devote some additional consideration thereto.

The Royal Cedulas relating to the original establishment of the
Viceroyalty of Santa Fe and the Kingdom of Guatemala and of
their respective Audiencias and Chancelleries, not only those in-
serted in the Code of the Indies, but also those which have not
been given to the public,^* far from making a complete demarca-
tion of these countries, hardly do more than designate vaguely,
as I have already said, the principal provinces and cities em-
braced in the respective jurisdictional district. It can not, how-
ever, be doubted, that in some official document of the Spanish
Government there was fixed as the end of the two jurisdictions,
upon the Atlantic the River Culehras and upon the Pacific the
Gulf of Duke, between Punta Mala and Cape Boruca,-'' since
the most accredited old geographers are in accord in the recog-
nition of such boundaries, among the French, D'Anville and

*^ The documents show that this assertion is erroneous. M. M. P.

" The Royal Cedulas which have not been given to the public, — Where
did Sefior Fernandez Madrid see them? If in the following lines he loses
the opportunity of citing a single one in his support and goes back to the
authority of foreign and Spanish geographers who prove nothing, it
might be supposed that he spoke of the unpublished Royal Cedulas, with-
out buspecting that they mark out the Province of Veragua with perfect
clearness and that they contradict his assertions. M. M. P.

^ Cape Burica or Burica Point.

134

Robert de Vaugondy, among the English Faden and Jefiferys,
and among the Spanish, Don Juan de la Cruz Cano and Don
Antonio de Alcedo. In accordance with these boundaries the
Spanish authorities constantly proceeded in those regions during
the last century and during the first years of the present one
down to the epoch of the emancipation.

These were, then, the ends of the territory of New Granada
toward the North-west, until by the Royal Order, so many times
cited, issued at San Lorenzo on November 30, 1803, which was
in force when Nezv Granada and Guatemala became independent
of Spain, that territory was increased by the Islands of San
Andres and the part of the Coast of Mosquito s from Cape
Gracias a Dios inclusive toward the River Chagres, a coast and
islands which, by virtue of that Cedula, were segregated from the
Captaincy-General of Guatemala and left dependent upon the
Viceroyalty of Santa Fe. The Treaty of 1825, made between
Colombia and Central America, was subsequent to that Royal
Order, and by its Arts. 7, 8 and 9 the existing rights we-re fully
recognized and confirmed.

The Constitution, also, of the Federal Republic of Central
America, adopted November 22, 1824, in its Art. 5 designated
as the territory of that Republic what had been previously em-
braced in the Kingdom of Guatemala, excepting the Province of
Chiapas; and the territory embraced within the ancient Kingdom
of Guatemala is that set out in Law 6, title 5, book 2 of the
Recopilcwion de Indias, which as regards this point says that,
"* * * the district of that Kingdom will border on the East
upon the Audiencia of Tierra Firme;" — so that no respectable
or satisfactory argument can be found for the pretension set up
by the Government of Costa Rica, alleging that its territory ex-
tends to the meridian that passes by the Island of Bscudo de
Veragua, and this is a name which in itself contradicts such an
extraordinary claim. ^^

^The Royal Order of San Lorenzo was NOT in force when New
Granada and Guatemala proclaimed their independence from Spain. It
is enough to say that the Royal Order of March 31, 1808, the Decree of
the Cortes of December 1, 1811, and the Law of Territorial Division of
Colombia of 1824, excluded the Coast of Mosquitos from the jurisdiction
of Nezv Granada.

By the Memoria del estado politico y edesidstico de la Capitania Gen-

135

This can have no other origin than the statement by a Guatema-
lan writer, Don Domingo Juarros, who, in his statistical and com-
mercial history of the ancient Kingdom of Guatemala, published
at the beginning of this century, was the first one who claimed
that the limits of Costa Rica extended upon the Atlantic from
the River San Juan de Nicaragua to the Island of the Bscudo de
Veraguas basing his assertion upon a certain document preserved
in the archives of Cartago, by which it appeared that one Diego
de Artieda Chirinos had been the first Governor or Captain-Gene-
ral of Costa Rica, in the XVIth century, the King having granted

eral de Guatemala (Report upon the political and ecclesiastical condition
of the Captaincy General of Guatemala), by Dr. Mendez, presented to the
Spanish Cortes May 17, 1821, and received by that body with favor, it
may be noted that the demarcation of Guatemala on the side of Veragua
was the same as that fixed by the King Don Felipe II; and Dr. Mendez
refers to the Historia de Guatemala of Don Domingo Juarros and to the
statement presented to that same Cortes by its president. Don Florencio
del Castillo, on May 31, 1813.

These limits are alluded to in Art. 5 of the Constitution of Central
America of November 22, 1824, and in the Constitution of Costa Rica of
January 21, 1825, and no other limits could be treated in the Convention
of 1835, between Colombia and Central America, because the Central
American plenipotentiary was not ignorant of the fact that the Royal
Order of 1803 had at that time no value whatever.

Don Tomas O'Neille himself, the Governor of San Andres, at whose
instance the Royal Order of 1803 was issued, stated explicitly that the
Bscudo de Veragua was the limit of demarcation between the two King-
doms (of Guatemala and Santa Fe).

Yet, still Sefior Fernandez Madrid declares that the name of "Bscudo
de Veragua" contradicts of itself the extraordinary claim of Costa Rica
to extend its territory to the meridian which passes by that island.

How could the learned expositor be ignorant of the fact that the name
of "Veragua" was a common one to all the Atlantic coasts of Central
America discovered by Columbus in 1502? At different times and by dif-
ferent authors this was used as a customary designation and demarcation
for a certain territory, when there was no fixed rule therefor. Costa Rica
was given the name and was a part of Veragua, it was the "Royal Vera-
gua," distinct and separate from the Dukedom of Veragua. It began to
be called New Cartago and Costa Rica in 1540, so ^s not to confuse it
with the Dukedom. In 1565 Philip II designated it exclusively by the
name of Costa Rica, and in 1573 set it off from the new and diminutive
Province of Veragua, created in 1560 out of what was the. ducal dominion
of Don Luis Columbus, restored to the Crown in 1556. M. M. P.

136

this position to him for his life and that of one of his sons, and
prescribed the limits of their jurisdiction, which should extend
along the coast of the Atlantic from the mouth of the River San
Juan to the Island of the Bscudo de Veragua, and upon the Pa-
cific Ocean from the River Nicoya to the River Boruca?'^

The fact alone, as was observed very justly by Senor Manuel
Maria Mosquera — ^the fact alone of digging out such a document
from the archives of Cartago and producing it at this late day
as the discovery of a forgotten or lost title, well proves that the
possession of all the littoral by the Government of Costa Rica
never had any actual reality or it would have been kept up sub-
sequently; and this is taking for granted the authenticity and
signification of that paper, which does not harmonize very well
with the better known historical facts, according to which we
see that the authority of the Viceroyalty of Santa Fe was con-
stantly exercised, without any doubts or disputes as to their juris-
diction, as far as the district I have before indicated, without the
authorities of Central America ever having gone beyond them.
Therefore, if this point is now to be controverted, it would be
more just and natural to consider the reality of those historical
facts and the boundaries generally recognised than those they
indicate for us, not between governments of primitive establish-
ments but a short time subsequent to the conquest, but between
territories embraced in the two jurisdictions of the Royal Audien-
cia of Guatemala and of the Royal Audiencia of Tierra Firme;
that is to say, between the Captaincy-General and the Vice-
royalty. ^^

Proceeding thus, with an earnest and sincere mutual desire to
reach a settlement, it does not seem that it should be impossible

" In the document published in 1883 by Seiior Peralta and in 1886 by
Don Leon Fernandez, it is seen that the Bscudo de Veragua had been
regularly fixed as the limit of Costa Rica since the year 1605. The Capitu-
lacion of Artieda of December 1, 1573, and the Royal Cedula of August
30, 1576, indicated that the Bay of Almirante, the Bocas del Toro and the
River Guaymi, that is, the lagoon of Chiriqui, belonged to Costa Rica.
M. M. P.

''The documents published on the part of Costa Rica, or in the Colec-
cidn de documentos ineditos de Indias (Collection of unpublished docu-
ments of the Indies), by Torres de Mendoza, show the emptiness and
worthlessness of these arguments. M. M. P.

137

to secure it, especially if we confine ourselves to assuring our
possession of Bocas del Toro and reserve for ourselves a good
anchorage in Duke Gulf, being entirely satisfied that, this being
settled in a satisfactory way, all the other points are absolutely
subordinate. In the interior of that portion of our frontier the
thing that is important for us is not an increase of territory, but
to obtain that which, even though less in extent, shall be more
easily administered and best adapted to facilitate the fixing of the
line of division between the two countries in a clear and specific
manner, taking advantage of the orographic and hydrologic land
characteristics and peculiarities which would serve to locate a
natural and permanent demarcation, thus avoiding all reason for
perplexity or confusion on the part of the neighboring authorities
along the border in the exercise of their respective jurisdictions,
in the return of fugitives and the other acts that become so
difficult when there is uncertainty in this respect. That bound-
aries which are clear and precisely marked by their very nature
are preferable to those which are cleary conventional, is a truth
which is so generally recognised that there is no need of dwelling
upon it. I will only add, therefore, that in order to definitely
carry out the demarcation of a natural boundary line with Guate-
mala, it is all the more necessary to have recourse to practical
explorations and the reports of authorized experts, acquainted
with the maps and the accounts of the geographers of those
coasts, inasmuch as some of the persons who have visited them
recently declare that among their inhabitants the names so com-
monly used of River Culebras and Punta Careta are not
known; the former being called there the River Sixsaula and
the latter Punta del Mono, without there being in the other desig-
nations any similarity whatever with those that we know here.

Passing now to speak of the Islands of San Andres, under which
designation, if I am not mistaken, there are embraced beside those
which bear that name those of Santa Catalina, Old Providence
and the two Manglares (Big and Little Corn Island), I ought to
state that, so far as I can understand, these should not be the
object of dispute between New Granada and the States of Central
America, for although the larger Mangle Island (Big Corn
Island) is scarcely four' and a half leagues distant from the Coast
of Mosquitos, and although the others are nearer to said coast

138

than to any other points of the continent, those States have never
pretended to have any dominion over them.^^

True it is that in the maps of Fidalgo and in other geographi-
cal documents which are in the Public Library and in the office
of the chorographic commission the said islands are represented
as an appendix to the said coast ; and it is also the fact that from
the Royal Cedula in which one part of this coast was added to
New Granada it could, be inferred that the Spanish Government
so considered them. Nevertheless, this dependency or subordina-
tion of the Islands of San Andres as regards the Coast of Mos-
quitos and of Central America must be entirely casual and transi-
tory, for from various old historical memorials it is evident that
these islands were considered as belonging to New Granada for
a long time before the said Cedula was issued ; and besides it is
a fact of some notoriety that the V^iceroys of Santa Pe assisted
them in their struggles, sending to them garrisons, provisions and
other timely help, through the Governors of Panama, from whom
it appears that they immediately depended. Thus it was, when
the filibusters occupied them in 1685, fortifying themselves upon
Santa Catalina, from whence they despatched one of their most
celebrated expeditions, against the Isthmus, the authorities of
the Viceroyalty hastened with such zeal to recover them and dis-
lodged the pirates so completely that, although there were, as
there are today, some residents upon those islands of English
origin, none of those islands again fell into the power of for-
eigners.^^

During the war of independence these islands passed through
some wonderful vicissitudes, but no more serious or trying than
those to which at the same time a great part of Spanish America
was subjected. Alternately occupied by the Royalists and the

^Nicaragua has under its sovereignty and dominion the Islands of
Mangle-grande and Mangle-chico, or Manglares (Big and Little Corn
Islands) which do not figure in the enumeration made by the Law of
Territorial Division of Colombia of 1824. M. M. P.

'"When the Island of Santa Catalina was occupied by the filibusters the
Viceroyalty of Santa Fe did not exist, and the Audiencia of Panama de-
pended upon the Viceroyalty of Peru. These statements of Seiior Fer-
nandez Madrid are imaginary, so far as they bring in the authorities of
Santa Fe. M. M. P.

139

Patriots, or by adventurers who assumed these designations, they
had the bad fortune in 1818 to have established upon them a
company of pirates under the command of Captain Luis Aury,
who claimed to act under a special commission from the Republics
of Chile and Buenos Aires, but who really was acting on his own
account, without any true interest or admiration whatever for
the American cause of which he affected to be an earnest sup-
porter. This official and his associates exercised there an abso-
lute control for three consecutive years, until in 1822, already
assured of independence the Government of Colombia deemed
that the moment had arrived to vindicate its authority over those
islands, which was immediately carried out with the assent and
cordial although indirect co-operation of the government whose
flag was hoisted by Aury, as may be seen in the Gaceta of Colom-
bia, No. 68 of February 2, 1823.

Since that epoch we have continued in possession of said is-
lands, especially of those of San Andres, Santa Catalina and Old
Prozndence. At the beginning they were embraced in the old Co-
lombian department of Magdalena, under paragraph 1, Art. 2,
of the Law of June 25, 1824 ; later they were erected into a terri-
tory subject to special regulation under Art. 137 of the Granadian
Constitution, and finally they were turned back to be added to
the Providence of Cartagena; but under whatever form they
were dependent from Colombia or from New Granada they were
always the calling places for our maritime mails, the station of
a company of national artillery guard and the residence of a
regular magistracy, duly provided for and at times filled by
officials of high rank in the army, all circumstances which show
that we have regularly and constantly exercised our authority
over said islands, that is to say, over those of Santa Catalina, San
Andres and Old Providence.

In the two Manglares (Big and Little Corn Islands) which,
as I have said, of all those of the Canton lie nearest to the Coast
of Mosquitos, although both of them are outside of the radius
of the geographical league, our dominion has not been so effec-
tually and peacefully exercised as in the others. One of them,
that of Mwngle-grande (Big Corn Island) is settled; and still
we have never had it appear in our census; an omission which

140

may also be noted in the legislative decrees and statistical state-
ments concerning territorial division ; — an omission which reveals
the complete neglect upon our part in respect to that island.

This absolute lack of attention was sure to produce what it
did in fact produce, — the most deplorable results. In the ex-
cursion which the Superintendent of Belize made in 1841, visiting
various points of the coast from ' Cape Gracias a Dios to the
Island of Bsciido de Veragua, where the ruler of the Mosquitos
was given to understand that they must fix the limits of their
pretended dominions, he landed, among other places, upon the
Island of M angle- grandc with all the honors of a sovereign of
the land, and besides it was formally intimated to the inhabitants
that they should recognise his authority. The difficult situation
in which the Republic found itself at that time, prevented the
Government taking due notice of these acts so as to remedy
them; and when it endeavored to do -so, it was already really too
late. The Governor of Cartagena and the Political Chief of San
Andres attempted to go back and take steps in 1844 to restore
the dominion of the Republic in that island ; but I presume that
they did not secure the desired results, for by the documents you
have been kind enough to send me it appears that the Island of
Mangle-grande has continued segregated from that Canton and
that the smaller island of that name is already following the same
destiny, the British functionaries of the Coast of Mosquitos hav-
ing disposed of it under lease.^^

The peril which threatens the other islands of the Canton of
San Andres and the necessity for turning it aside are, therefore,
evident. These islands, that is to say, Santa Catalina, Provi-
dence and San Andres, whatever may be the result of the meas-
ures adopted by the Executive Power for the re-establishment
of the national authority over the Manglares, demand prompt

"The islands of Mangle-grande and Mangle-chico are under the juris-
diction of Nicaragua. They belong geographically to the Coast of Mos-
quitos and they are inhabited by the same natives. They were embraced
in the cession and recognition of sovereignty which Spain made in 1850
in favor of Nicaragua, Great Britain also recognised the sovereignty of
Nicaragua over them in 1860, and the sovereignty of New Granada has
never been exercised over them, nor do they appear in the Law of
Territorial Division of Colombia of 1824. M. M. P.

141

attention and a protection which shall be constant, tangible and
regular, such as those of Bocas del Toro also require, and with
the same purpose, timely and special improvement. It is abso-
lutely indispensable to furnish the Islands of San Andres with
some means of communication, or it may be with a military
marine, always needed to maintain the sovereignty of the nation
at isolated and distant maritime posts ; although it will of course
be understood that I do not speak nor could I speak of squad-
rons, but of the support of two or three vessels of light burden.

The territory of Bocas del Toro is in the same situation as the
Islands of San Andres, a marine force is therefore needed ; and
besides a free and safe route for communication with the Interior
of the Isthmus, as far as David, in the Canton of Alanje, If to
this we add the help of small but select veteran garrisons, con-
vertible into stations for agricultural colonization and the ap-
pointment of well paid political chiefs, respectable for their posi-
tion and character, educated and prudent we shall accomplish all
that is now within our reach to protect those territories and to
take them out of the isolation in which they are found by reason
of their topographical position; and an isolation which keeps
under these circumstances, in our weakness and on account of our
domestic quarrels has provoked and is tending to bring about
foreign usurpation.

To make the action of the government felt in those territories,
encouraging their natural development and positive betterment,
so that it may be seen that we are already occupied in their culti-
vation and improvement ; and that we are engaged in this because
these territories are our property, a portion of those belonging to
us which cannot be taken away without destroying us first; such
are, Seiior Secretary, the measures which have heretofore been
recommended as the only efficient ones to be used to prepare us
against the danger which threatens our interests and our very
existence as an independent nation. I have done no more than to
indicate them without going into details, for you know them per-
fectly, and because I cannot discuss them in detail without some
trouble, being as I am thoroughly conversant with the difficulties
which make the hope illusive that they will be earnestly and per-
severingly carried out. Still, I have no others to propose, since

142

these are the only ones which inspire me with confidence, for if
I am to express myself without any reserve I must say in all
frankness, making use of the language employed by the Spanish
negotiator of the Convention of 1786, that "* * * either we
must abandon our territory to British greed, or we must resolve
to go to the root of the matter, cost what it may/'

That minister stated, in one of the documents which you were
good enough to send to me —

"Being advised and supposing that the evacuation of Mos-
quitos already completely effected and the English located in
peace and tranquillity within the limits indicated for them, we
must consider seriously that there are always some adventurers
whose interests will lead them to our shores, they will land and
commit their misdeeds, even if they do not go so far as to
establish themselves upon a firm footing or in a community. To
do this they must go to a certain extent armed, in order to oppose
any coast-guard or patrol. To require the Governor of Jamaica
or other foreigner to be our warden, is useless. To run to them
with complaints about every incident, would be a vain effort,
since it would be impossible to prove to them that they are at
fault and if it were taken to the courts there would be a long
negotiation, while in the meantime the evil would have become
firmly rooted."

This minister further goes on to say —

"I know very well that it is physically impossible to settle thous-
ands of leagues, and I also know that Spain has no surplus of
men to make many sacrifices. But either the King must abandon
his Americas to the greed of the jealous nations and endure a
bloody war every ten years, or he must devote his most earnest
attention to attacking these evils at the root by means of small
establishments at intervals, at healthful and advantageous loca-
tions and points that will be respected. I am so far from think-
ing that anything I have said is new, that, on the contrary, it
seems to me and it is to me a great satisfaction that the Minister
of His Majesty is deeply interested in carrying out this system.
But I consider it in this way, because the matter so presents
itself and because I see no human remedy, cost what it may."

This can be repeated now with double reason respecting New
Granada, for without denying that there are other expedients

143

we may also be collaterally employed to advantage, and good
sense and experience teaches us that without some positive acts
of protection and physical development, and without a constant
and efficient watchfulness, whatever other measures are adopted
to ensure the preservation of our territorial integrity and how-
ever advantageous they may appear in themselves, if joined to
the former they would be in the highest degree desirable, but with-
out them would be upon the whole of no avail.

One of these measures which I deem useful in a subordinate
way to strengthen our territorial integrity, would be that which
might tend to legitimise, if such an expression can be used, our
subrogation to the rights which Spain exercised over this portion
of its ancient dominions, in so far as we are not in the actual
and physical possession thereof. For this it would be necessary
to undertake to obtain by means of the respective treaty of peace
and friendship with Spain, the recognition of our independence
and the consequent cession of its rights over the portions of our
territory, deserted or only inhabite'd by native savages, where we
have no establishments whatever, nor any other title of dominion
than the allegation than that the one we are maintaining was derived
by us from Spain itself.32 From this consideration there natur-
ally arises the very timely one that we should be on our guard
against any interested objection upon this point, making the dip-
lomatic bargain in the matter with Spain, for it Is very certain
that it could not despoil us of the independence acquired, nor
would it for that reason fail to consider that it had a right to
these countries and make us of that right as regards the wild
territories to annoy us and punish us for our audactity, either
by ceding them to some other nation, as it appears to have done
in some cases where it was asked, or by interfering with our
commerce, if it should be in a position to do so, or, lastly, by
making undue demands upon us if we waited too long before
determining to negotiate with her.

Another means that may be deemed desirable for this purpose

"Spain made a cession of all its rights over the territory of Central
America, with its adjacent islands, to the present Republics of Guatemala,
Honduras, Nicaragua and Costa Rica, from the borders of Yucatan as
far as the Bscudo de Veragua, by treaties of recognition or sovereignty
and friendship between them. M. M. P.

144

is that of popularizing in some foreign countries a knowledge
of our controversies with England by means of frequent publi-
cations, in which may be recapitulated from the double point of
view of history and law the bases of our dominion over the ter-
ritories that are torn away from us now in the name of a de-
cadent tribe of savages. In these publications we should make
use of the treaties in which Great Britain recognised the Spanish
sovereignty over the said territories and the different acts in
which it made a like recognition respecting Colombia and New
Granada, without forgetting any of the material facts of the com-
plaints which we have formulated, nor the antecedents which
prove the indisputable right of these Republics. Indeed, in-
forming and correcting public opinion abroad, we ought to secure
zealous attorneys who would voluntarily defend our cause and
make it known in the discussions of the legislative bodies and
in those of the periodical press, especially in those of the United
States,33 where we have pending the celebration of an agreement
in which the guaranty of our* dominion over the Isthmus must
be perfected, and where for obvious reasons there is a disposi-
tion to hold the principles which we have declared in this mat-
ter;— principles which are perfectly in accord with the declara-
tions made by Presidents Monroe and Polk, not to allow the
Republics of this hemisphere to be considered as still open to
intervention, nor to colonial enterprises by European Powers.

However, I will not go into these considerations, because apart
from the fact that it would be rash for me to venture to do so,
I know that these and other similar measures that might be in-
dicated, aside from those of a purely governmental character of
which I have before spoken as essential, are liable to be changed
insensibly into measures of foreign policy that tend to engage us
in alliances more or less direct, and they inspire me for this
reason with very little confidence, not because I am not aware
of the great importance of influencing public opinion of other
countries in our favor, but because I fear that going beyond this
useful purpose we will run the risk of involving ourselves in a

"The Government of the United States never has recognised the
pretensions of Colombia to the Coast of Mosquitos, as is shown by the
Clayton-Bulwer Treaty, the Crampton-Webster Convention and its treaties
with Nicaragua. M. M. P.

145

predicament which will prevent us from taking the correct posses-
sion to which we aspire.

The idea that seems to predominate among the great Powers
of Europe and also in the great power in the northern part of
this hemisphere, the guiding principle of its policy toward the
new Spanish American Republics, if we are to judge by the
course that has been thus far pursued, is to look upon us as
nothing more than outlets for their commerce. The United
States and France, like England, harbor toward us the same
views, the same secret contempt, covered up with empty expres-
sions of courtesy and benevolence at times but more frequently
revealed in insulting intimations. How then can we expect that
they will protect us frankly, cordially and disinterestedly? The
pretensions of the United States, under whose shelter, after hav-
ing in vain sought it from England, we have at last placed our-
selves, are, if possible, more unjust as regards the potency of
its commerce and of its citizens; for in the view of the United
States its mercantile relations with these countries are not only a
means for getting rid of their manufactures, but they furnish
a perennial source of claims which will yield them enormous
tribute under the denomination of "indemnities."

And while this observation may to a certain extent be found
applicable to the European Powers, no less than to the United
States, it should be noted in respect to the latter that their out-
come is a great acquisition of territory, which they obtained in
Texas, New Mexico, Tamaulipas and California; which clearly
shows us that, if with this spirit of assimilation or conquest
which has so far been markedly developed among the North-
American people their government shall frankly take up the
guardianship of the southern Republics, it would be as dearly
bought as it always has been by weaker nations from the stronger,
and we woyld have succeeded only in undermining our indepen-
dence in seeking to strengthen it.

We need, assuredly, that the nations who have preceded us in
the way of civilization of the human species should help us with
their friendship, with their wisdom and even with their indul-
gence ; and it is for us, no doubt, to undertake to secure this, so

1^6

that at no very distant day we shall come to be esteemed as a
useful part of the great family of cultured peoples, instead of
continuing, as up to the present time, to be treated as if we were
semi-barbarous hordes, toward whom no considerations were to
be held sacred nor the rules of the Law of Nations observed,
where territories still may belong to any new occupant and whose
complaints may be absolutely ignored. But to obtain such a
result and for us to be treated not perhaps with respect but at
least with the attention which is due to an independent and
civilized nation, the thing most necessary is not to beg for help,
but to merit it, applying ourselves with an earnestness to making
use of the means for improvement and defense at our command,
being assured that difficulties postponed nearly always become
worse and that undue concessions almost always lead later to
other and greater ones.

Reflecting upon the criticism and unfortunate character of our
present position, considered as we are by the great powers as
spurious members of the company of Nations, I have come to
wish (I do not know whether rightly or by an irresistible feeling
of di.smay) that making use of one of these great questions of
sovereignty or national integrity, which strongly attract atten-
tion, and in which our good faith and the justice that supports
us could not be brought in question, we should definitely put to
proof our existence as independent peoples, resolving to defend
it at all hazards, until it was lost or absolutely assured and for
all time ; for, really it seems that any other method of existence,
clear and distinctly defined, would be preferable to the anomolous
and degrading situation into which we have gradually fallen,
in which we neither enjoy the powers of peoples who are really
sovereign, nor can we appeal for the protection which is pre-
sumed in the colonial relation.

I have finished, Seiior Secretary, but I still fear ihat I have
said too much, if I did not know that this paper will have no
other circulation than among those persons who are connected
with the matter and influencing the operations of the Govern-
ment, who I trust will have the goodness to overlook, in view of
the honesty of my purpose, any fault of judgment or in the way
in which I have expressed myself.

147

I take this occasion also to respectfully forward to you a copy
of the series of articles which I published in 1846, upon the
theme of "Our Uncultivated Coasts," — relating to matters inti-
mately associated with those considered in the present communi-
cation; and repeating my excuses for the involuntary delay in
replying to your Department, I subscribe myself with due respect
your very obedient servant,

Pedro Fb^rnandez Madrid.

Mr. Marcy to Mr. IngersoU. Doc. 299

DEPARTMENT OF State,
Washingon, June 9, 1853.^

Sir: Some days since, Mr. Crampton, her Britannic Majesty's
minister, read to me a dispatch of the 29th of April last, ad-
dressed to him by Lord Clarendon, her Majesty's principal secre-
tary of state for foreign affairs, relative to the occurrences in
March last, at San Jt^an (called Greytozvn in that dispatch.)
Having afterwards been furnished by Mr. Crampton with a copy
of the dispatch, the President has been made acquainted with the
views which it presents. He does not discover in those occur-
rences, and, if fully known to her Majesty's government, he pre-
sumes it would not discover, anything that could give rise to the
apprehension of Lord Clarendon, that they tend "to complicate
still further a question already sufficiently embarrassing and dif-
ficult of solution :" the Central American question. As the Presi-
dent has not seen anything to disapprove in the proceedings of
Captain Hollins, on the occasion referred to, he has instructed me
to communicate his views to you on that subject, in order that
they may be presented to her Majesty's government; and he is
quite confident that the transaction at San Juan, when all the
facts in relation to it are known, will appear in a light very differ-
ent from that in which it has been viewed by Lord Clarendon.
There is probably some difference of opinion between the two
governments as to the right of the Accessory Transit Company
to retain possession of Punta Arenas against the people of San
Juan. The dwellers at that place were not, when these occur-

'33rd Congress, 1st Session (Senate). Ex. Document, No. 13, p. 8.

148

rences happened, and, as the President believes, never were," in
actual possession of Punta Arenas; nor, as the case is understood
here, have they any title to it, or any right to disturb that com-
pany in the occupancy thereof.

If this point of land is within the territorial limits of Nicaragua,
as that republic claims it to be, the right of the Accessory Transit
Company can hardly be drawn in question. It is derived from
an express grant in their charter from the government of Nica-
ragua. If, on the other hand, it is within the terriorial limits of
Costa Rica, as that State asserts, the company can retain their
possession, as against the people at San Juan, who do not pretend
to hold the town of San Juan, or any other property, by grant or
permission from the government of Costa Rica.

The United States cannot recognize as valid any title set up by
the people at San Juan), derived from the Mosquito Indians. It
concedes to this tribe of Indians only a possessory right — a right
to occupy and use for themselves the country in their possession,
but not the right of sovereignty or eminent domain over it.

It is not now made known, for the first time, to her Majesty's
government, that the United States denies that these Indians
have any sovereignty over the country they occupy. Our gov-
ernment does not make — nor does it perceive any good reason
for making — any distinction between the tribe of savages and
those which occupied parts of our territories or the territories of
the British provinces in North America. I am aware that her
Majesty's government regard the Mosquito Indians as an ex-
ceptional case to the rule generally acted on by itself, as well as
other nations ; but in this claim the United States has never ac-
quiesced. It is not proposed, on this occasion, to discuss this
question; for, however decided, it cannot change the aspect of
the transaction alluded to. It is not probable that any attempt
will be made to claim for the people at San Juan any authority
over Punta Arenas — derived from the Mosquito Indians, even if
it were possible to invest them with sovereign authority over the
country they have occupied. Punta Arenas, it will be recollected,
is on the southern bank of the river San Juan. At the time when
the Accessory Transit Company took possession of it, there was
scarcely the foreshadowing of a pretension to a claim for these

149

Indians to any territory whatever on the south side of that
river.

With such a title, and actual i>ussession under it, by the Acces-
sory Transit Company, the extraordinary proceedings of the people
at San Juan to destroy the company's property at Punta Arenas
seems to me to deserve no countenance from any quarter; nor
does the assistance rendered to the company, being composed of
citizens of the United States, by the commanding officer of one
of our national vessels, merit rebuke or require justification.

I am quite sure her Majesty's Secretary of State would not have
commented as he has upon the transaction, if all the facts had
been known to him. The main, if not the only ground of ob-
jection presented by her Majesty's government to the conduct of
the commander of the Cyane, is not, as I understand the dispatch
of Lord Clarendon, that Captain Hollins interposed to prevent
acts of violence from being perpetrated against the company,
"but that he did not, in the first instance at least," confine that
interposition to warning to the town council of Grey town to de-
sist from those forcible proceedings, under pain of compelling
him, if they were persisted in to interfere by force of arms, in
protection of the company, until the question of lawful or unlaw-
ful occupancy should have been fairly decided."

Lord Clarendon assumes that no such warning was given ; and
the omission to give it appears to be the only ground for his
animadversions on the conduct of the commander of the Cyane.
This ground is entirely swept away by the facts of the case. The
warning to the full extent suggested was given to the town coun-
cil of San Juan, over and over again. The day before that fixed
on for the demolition of the buildings on Punta Arenas by the
people at San Juan, Captain Hollins, hearing of their intention
to commit that act of violence, sent Theodore P. Green, his first
lieutenant, on shore, with directions to inform the people of San
Juan that if they attempted to carry their re^-olution to destroy
the property at Punta Arena\s into eflfect, he should resist them
by force. Lieutenant Green gave this warning to the mayor and
common council, while in session at their council chamber. He,
in fact, did all that Lord Clarendon suggests as proper to have
been done prior to an allowable interposition by an armed force.
But Captain Hollins' precautionary steps went much further. In

150

the morning of the same day on which the attempt was made
to destroy the property at Punta Arenas by the people of San
Jiian^, being informed that they did not intend to heed this warn-
ing and desist, but were preparing to execute the threatened out-
rage, he went himself on shore, and in person to the common
council, then in session, and notified them "that he should be com-
pelled to put a stop to any depredations they might attempt upon
the property of the Accessory Transit Company." Captain Rol-
lins' efforts to prevent the violent proceedings of the people at
San Juan did not cease with this twice-repeated "warning" ; but,
after his return on board of the Cyane, he issued a written warn-
ing, addressed to the mayor of that place, of which the follow-
ing is a correct copy:

United States Ship Cyane,
Harbor of San Juan del Norte, or Greytoivn, March 11, 1853.
Sir : After the interview I had with your "honor" this morn-
ing, before your honorable council assembled, I have to state,
most respectfully, that I cannot permit any depredations on the
property of the Accessory Transit Company whose depot is lo-
cated upon Punta Arenas, at the entrance of this harbor.
I am, very respectfully, your obedient servant,

Geo. N. Holuns,
Commander U. S. S. Cyane.

To his Honor, the Mayor of Sa<^i Juan del Norte, or Greytown,
Nicaragua.

These facts, when brought to its notice, must, as the President
believes, convince her Majesty's government that there is no
cause for taking the exception which it has taken to Captain
Hollins' conduct at San Juan in March last; they must remove
from Lord Clarendon's mind all feelings of regret, and all ap-
prehension that the occurrences to which he refers will, in any
way complicate "the already sufficiently embarrassing and dif-
ficult question" between the two governments in regard to Central
America.

The President considers it to have been the unquestionable
duty of the commander of the Cyane to afford the protection he
did to the Accessory Transit Company against the threatened out-
rage of the people at San Juan; and he cannot discover anything

151

in the manner of performing that duty to which any exception
ought to be taken.

If there be anything in the transactions at San Juan at that
time to be regretted, it is the course which the commander of the
British steamer Geyser saw fit to pursue, in regard to this move-
ment of the populace at that place, a short time previous to that
of the 11th of March, against the servants and property of the
Accessory Transit Company, on Punt a Arenas. On the evening
previous to the day when an attack upon both was made by a
party from San Juan, the captain of the Geyser was at anchor in
the harbor, and was notified by the company's agent of the in-
tended attack the next day on the property of that company at
Punta Arenas; but, instead of interposing to prevent the medi-
tated destruction of it, or to dissuade the reckless men engaged
in that project, from an act so outrageous — so likely to lead to
violence and civil confusion — he departed temporarily from the
port, leaving the servants and property of the company at the
mercy of their assailants. It is reasonable to conclude that, if
the kind offices of that officer had been then vigorously interposed,
and his departure from the port at that crisis had not given some
plausibility to the interference — doubtless unjust towards Captain
Wilson — that he did not disapprove of the movement, no force
would have been required to prevent difficulties at that or any
subsequent period.

It is proper to say, in conclusion, that the President does not
authorize me to say in reply to the dispatch of her Britannic
Majesty's principal secretary of state for foreign affairs, any-
thing which may be construed into a recognition on his part, of
the claim set up by the people at San Juan to sovereign authority
in themselves over any territory whatever, or to any municipal
or corporate powers, or political organization derogatory to the
sovereign rights of either Nicaragua or Costa Rica; nor does he
regard any instructions heretofore issued from this or the Navy
Department to our naval officers, for the temporary recognition
of an authority for the mere purpose of preserving the public
peace, and punishing wrong doers, by the anomalous settlement
at San Juan as sanctioning the pretensions of the people of that
place to be considered a de facto government, independent of the

152

state within the territorial limits of which the town of San Juan
is situated.

In order to apprise her Majesty's government of the views of
the President in regard to the occurrences at San Juan in March
last, you will read this dispatch to the Secretary of State for
Foreign Affairs, and also furnish him with a copy of it, if a copy
should be requested.

I am, sir, respectfully, your obedient servant,

W. L. Marcy.
Joseph R. Ingersoll, Esq., &c.

Boc.soo Don Victoriano de Diego Paredes, Charge d' Affaires of
New Granada in Washington, to the Department of
Foreign Relations of Bogota.

Republic of New Granada.
Legation in the United States.
No. 137.

New York, February 3, 1854.i

To the Secretary of Foreign Relations :

Seeing that the time was passing without any progress being
made in the question as boundaries with the Plentipotentiary of
Costa Rica, by reason of the well founded expectations which he
has that this question will be placed in the hands of the British
Government, I have attentively meditated upon what is best to
be done in the present situation of affairs, with a view, if possi-
ble, of removing or dissipating such hopes and confining the
question to certain definite points, repulsing at the same time
the exaggerated aspirations on the part of Costa Rica, which we
can not take up, not even to accord to them the honor of dis-
cussion, according to my way of thinking.

I conceived at last the idea of suggesting the continuation of
the negotiations, reducing to a nullity the question of arbitration,
without compromising in any way the good faith and dignity of
the Granadian Government. The plan which I have thought to
follow is a simple one and appears fully developed in the notes,

* Peralta— ixJ Giog. Hist, etc., p. 328.

153

copies of which I have the honor to enclose copies herewith, to
wit:

No. 1. That which I addressed on the 23rd of January last to
Sefior Molina, inviting him to continue the negotiations and sug-
gesting to him my disposition not to have recourse to arbitration ;
and the other one, No. 2, the response which I expected to receive
from that gentleman and which he did in fact send to me; and
another which is the reply I addressed to him under date of
the day before yesterday, in the final portion of which you will
find everything that occurred to me in my zeal on behalf of the
interests of New Granada.

I wish that this step may be approved by the Government,
because it seems to me to be of the greatest importance. You
will also be good enough, at the same time, to tell me what the
Government decides in this matter, with the assurance that I
will abide by its resolutions. Perhaps I may have been too ex-
plicit with Sefior Molina; but, I repeat, that I did not proceed in
this way except after the most attentive reflection. In a word, I
thought it was necessary to stop, with a bold and firm pen, the
incalculable consequences of an uncertain arbitration, and which
every day seems to me to be more hazardous.

When Senor Molina sees that my declaration confines the arbi-
tration, in case it should take place, to such narrow limits as
those which I have indicated, it is probable that he will forego
his pretensions to the territories of Chiriqiii and Bocas del Toro
and be content to enter into an amicable arrangement in respect
to those that are really disputable. But if this should not be so,
Nezv Granada, at all events and before submitting the question
to arbitration, as that gentleman desires H^ery earnestly and
properly, should remain tranquil and wait until time presents an
opportunity for the termination of this afifair. This gain in time
will be advantageous, provided the exercise of our sovereignty,
in a positive way, makes itself felt, as seems to be necessary, in
BocAS DKL ToRO and the remainder of the Province of Chiriqui.

I shall take care to bring to the knowledge of the Government,
through your honorable self the response which may be given

154

to me by the Plentipotentiary of Costa Rica, together with such
observations as may occur to me.

With sentiments of consideration and respect, I am your very
devoted and obedient servant,

ViCTORIANO DE D. ParEDKS.

On the margin of the above document there is found the fol-
lowing :

''Department of Foreign Relations, April 7, 1854.

"Let the receipt of this be acknowledged to him, adding that
the Executive Power thinks that in the negotiations with 'Costa
Rica it would be better to send to that country a Minister upon
Special Mission, for the arrangement of those matters. Let
this be accompanied by the Gazette, which should also be sent to
him, containing the Message upon this subject, which was sent
to the Congress, and tell him that the Executive Power has reason
to expect that the Congress will agree to the item providing for
sending such a legation and that it is expected Sefior Paredes
will furnish whatever data and documents he may be able to se-
cure in support of the rights of Nezv Granada.

"For the Citizen President : the Secretary : Plata/^

Explanation : by Senor Peralta.

The note of Senor Paredes is a very valuable document fur-
nished by the adversary himself.

In it the representative of New Granada exposes himself,
as presenting a snare to Senor Molina and trying to get him to
abandon arbitration, which the latter desired "very earnestly
and properly," since, according to Senor Paredes, the conse-
quences would be incalculable and the arbitration seems to him
every day more and more hazardous.

Senor Paredes, appearing to ignore the fact that his Government
had requested those of London and Washington to be good enough
to interpose as arbitrators between New Granada and Costa
Rica, proposed to the Minister of Costa Rica that the differences
be arranged by mutual consent, at the same time seeking to
intimidate him; and when the latter expressed himself as aston-

155

ished and copied for him the despatch of Lord Clarendon to the
Consul General of Costa Rica in London/ asking if his Govern-
ment was equally desirous of accepting the good offices of the
two countries, he pretends to have no knowledge of the request
made by the Government of Nezi' Granada.-

The note of Senor Paredes gives us the key to the numerous
delays secured by Colombia in this matter. It seems, indeed, that
it was very necessary for it to gain time ; so as to allow the pre-
tended and quite new sovereignty of Colombia over Bocas del
Toro and Chiriqni to make itself felt.

The precarious nature of the Colombian possession is made
evident by the very same diplomat, who is charged with the proof
of its legitimacy.

The fears of Seiior Paredes were only too well founded, for
he himself, in order to defend his cause, was compelled to have
recourse to documents which, closely examined, turn against
that cause or prove nothing, neither for nor against. Such was
the pretended decree of General Morillo, declaring the blockade
of the Mosquito Coast in 1815. We have published the docu-
ments, which establish the fact that this blockade did not extend
to the Mosquito Coast, and did not go beyond Cape Tiburon,
at the entrance to the Gulf of Urabd or Daricn.

To pretend that this blockade extended as far as Cape Gracias
a Dios, as Colombia has ventured to assert in some official docu-
nuents, is a wild vagary of the imagination.

See Peralta: Costa Rica y Costa de Mosquitos, p. 532.

VicTORiANO D. Paredes : La Costa de Mosquitos y la cuestion
de limites entre Kueva Granada y Costa Rica (The Mosquito
Coast and the question of boundaries between New Granada and
Costa Rica) ; New York, 1855: p. 7, 50. Memorandum concern-
ing the Mosquito Coast (Memorandum sobrc la Costa de Mos-
quitos). See Documents appended to the Report of Foreign Af-
fairs of Colombia, 1896, p. 132.

^ Documents of Colombia. Despatch of Don Felipe Molina to Senor
Paredes : Washington, January 27, 1854.

^ Documents of Colombia. Note of Senor Paredes to Don Felipe Mo-
lina; Februray 1, 1854.

156

D0C.30I Extract from the Amendment to the Constitution (Feb-
ruary 27, 1855) Creating the State of Panama.

"The Senate and House of Representatives of Nezv Granada
in Congress assembled, Decree:

"Article 1. The territory which comprises the Provinces of
the Isthmus of Panama, to wit, Panama, Azuero, Veraguas, and
Chiriqui, form a sovereign federal state, integral part of New
Granada, under the name of the State of Panama.

"Article 2. The boundaries of the state on the zi'est shall be
those which may be definitely established between Nezv Granada
and Costa Rica. A subsequent law shall fix the boundaries which
shall separate it from the rest of the territory of the Republic.

"Art. 3. The State of Panama is subject to that of New
Granada in the matters which are here mentioned :

"1. All matters concerning foreign relations.

"2. Organization and service of the regular army and of the
marines.

"3. Federal finances.

"4. Naturalization of foreigners.

"5. Official weights, balances, and measures.

"Art. 4. In all other matters of legislation and administration
the State of Panama shall legislate freely in the manner it con-
siders proper, in accordance with the rules of practice of its own
constitution.

"Art. 12. A law may establish into a State, which shall be
governed in conformity with the present amendment, any part of
the territory of New Granada. The law which provides for the
establishment of a State shall have the same force as the present
constitutional amendment, and shall not be amended except as
provided for by the rules of practice of the constitution.

"Art. 14. In case of the adoption by the Republic of an amend-
ment to the federal constitution, the State of Panama is included
in all of the laws of the confederation with respect to business

157

of general jurisdiction, provided that those laws do not restrict
the powers conceded to said State by the present constitutional
amendment."

Report Concerning the Question of the Boundaries Be- Doc. 302
tween New Granada and Costa Rica, by Don Pedro
Fernandez Madrid.

Bogota, April 10, 1855.

Citizen Senators:

Your Committee of Foreign Relations has carefully examined
the communication which the Executive Power addressed to you
under date of February 26 last, through the respective Secretary
of State, earnestly advising the great importance and the neces-
sity, each day more urgent, of despatching a diplomatic agent to
arrange directly with the Government of Costa Rica the question
of the boundaries which we have pending with it.

Your Committee is in full accord with the sentiments expressed
by the Executive Power. It could, therefore, confine itself to
the matter of the consequent expense. But, considering that
this is an affair that is especially of interest to you and to which
attention should be called, Your Committee will permit itself to
make some statements for that purpose, which though they may
not be indispensable, neither are they beside the case, since they
tend to confirm those of the Executive Power.

1.

The desirability of arranging with certainty the limits of the
Republic on its borders with Central America, is so evident, that
there is no time when it has not been acknowledged.

The Government of Colombia, as soon as it had succeeded in
settling its first interior administrative arrangements, gave prefer-
ential attention to this matter, and in 1826 sent to Guatemala, then
the capital of the United Provinces of Central America, a Legation

158

especially charged with the adjustment of a special Convention,
in which the doubtful boundary points should be determined which
could not be satisfactorily arranged in the general Treaty con-
cluded at Bogota MRTch 15, 1825. ^

It is true that this effort did not produce any result, because
the exaggerated ideas which all the Governments at that time
held and the unsettled political conditions which prevailed in
both Republics at that period did not permit the negotiations to
go forward and reach a conclusion; but, although this condition
of affairs has continued, it did not present any insuperable diffi-
culties then, nor would it do so today if the subject was again
taken up in a sincere conciliatory spirit with a willingness to con-
sult the well understood interests and rights of both countries.

It is well known - that the ancient limits of the Province of
Veragua, as an integral part of the Nezv Kingdom of Granada,
terminated upon the Atlantic at the River Culehras, and upon
the Pacific on the Gulf of Dulce, between Punta Mala and Cape
Boruca.^ It is also known that in the interior the frontier of said
province was confused with that of Costa Rica in territories that
were unexplored, which stretched from one sea to the other ; and
it is equally well known that the jurisdiction. of the Viceroyalty
was extended later over the Atlantic littoral, by the Royal cedula *
of November 30, 1803, which separated from the Captaincy
General of Guatemala all that portion of the coast beginning at
Cape Gracias a Dios and going toward Chagres and added it to the
♦Viceroyalty of Santa Fe.

Nevertheless, it is well known that, under the actual circum-
stances, our dominion over the territory which was added to Nezv

^ Doctor Don Pedro Molina, one of the most illnstrious personages of
Central America, went to Bogota with the special purpose of settling the
questions of boundaries. M. M. P.

^ Here Senor Fernandez Madrid asserts as well known what was hardly
his own conjecture thirtj' months before. There is no document, no act
of the Spanish Government, which indicates any River Culebras as the
boundary of Veragua on the Atlantic, nor on the Gulf of Dulce. M. M. P.

' Burica Point.

* This was not a Royal cedula but a Royal Order. This contradicts what
Sr. Fernandez Madrid had already stated in his Memorial of 1852.

159

Granada by that Royal ccdiila, has come to be reduced to the duty,
or it might be called a right, but a burdensome right, of protect-
ing the part of the coast which extends from the mouth of the
River Culebras mentioned as far as Cape Gracias a Dios; a right
for which we have become answerable in disagreeable claims,
which may become still greater if we do not make haste in accord
with our neighbors to put an end to the question. ■

In this situation the most desirable thing to do would be to pro-
ceed in a fraternal way, under Art. 7 of the Treaty before cited,
which was made between Colombia and the United Provinces of
Central America, and adjust the boundaries either with the genefal
government of said Confederation, if it should be done or only
with the government of the State of Costa Rica; ceding to it the
aforesaid stretch of coast, as far as the mouth of the River San
Juan, where the territory of Nicaragua begins ; ceding also to the
latter State and to that of Honduras the remainder of said coast
as far as Cape Gracias a Dios; and obtaining from that of Costa
Rica, in exchange for the coast that is ceded to it between the
River Culebras and the San Juan a greater latitude of internal
frontier or some bordering demarcation, but precise, just and
mutually advantageous.

The present circumstances are not only most pressing but are
also the most propitious that can be presented for carrying into
effect such an arrangement. There is the most urgent need for both
Republics to mark out their frontiers, in a clear and definite man-
ner, in order to obviate any ground for disagreement over the
matter; for what is now a wilderness or of little value may soon
be settled up and become desirable, and it is not the part of wis-
dom to allow the time to pass and difficulties to arise which may
be very embarrassing to solve when they may now be easily pre-
vented by mutual arrangement.

Moreover, the two nations are now enjoying an interval of
peace; that is, they are not now torn by civil war and they can
therefore devote some attention to the arrangement of their inter-
national questions. Let them try to settle their boundary matters
in a friendly way, or at least to simplify them so as to lay the
foundation for a future agreement, carefully prepared and final,
if they are going to do it sometime and if they really desire to

160

establish a natural, convenient and permanent boundary line.

Finally, and this is the most important consideration that ap-
pears at first sight, Neiv Granada can now count upon an intelli-
gent and patriotic engineer, the worthy Colonel Codazzi,^ who
visited the Isthmus some months ago and from whom very valua-
ble data may be obtained (such as he has already begun to fur-
nish), which it would be desirable to take into consideration at
the time of taking up the negotiation of the respective treaty,
since it should not be forgotten that the line dividing the two
Republics, although it terminates on both coasts at points which
are well known, still it passes through territories which were
never explored by the Spanish Government and which have not
yet been traversed.

New Granada already possesses a chorographic map of the
Province of Chiriqui, the work of the engineer mentioned;^ but,
as he has himself said, "the country embraced between the two
geographic points known as boundaries is a complete wilderness ;
and there is now a need, as in the time of Colombia, of a scientific
exploration to see the configuration of the land and in order
to determine the natural points that should thereafter fix per-
manently the whole of the division line" ; and there is all the
more reason for this, inasmuch as the interior of that region,
crossed by rivers and sprinkled with mountains, would facili-
tate the respective reconnoissance, which from its importance,
under every aspect, it is very desirable to carry out.

It is, then, clear that in order to fix. the boundary demarcation
between the two countries definitively and conclusively, through-
out the whole of the divisional line, it will be necessary to make
a special survey of the territory referred to and prepare a de-
tailed chart thereof, so that in view of this data, or at least with
the reports of the respective engineer, the stipulations of the

' "To Col. Codazzi Colombia owes the invention of the divisional line
which gives to it the peninsula of Burica and part of the Gulf of Dulce,
as far as the Golfito. See Codazzi: Physical and Political Atlas of
Venezuela (Atlas fisico y politico de Venezuela), Paris, 1840. M. M. P.
• It is almost wholly the work of his bold pencil, in which he multiplied
the rivers, gave them the courses he pleased and drew the frontier as he
deemed it desirable, without conforming either to the topography or the
laws. M. M. P.

161

corresponding- treaty may be drawn up with perspicuity, exact-
ness and clearness, much to be sought for in instruments of this
character.

It is in this way that it seems our Government ought to pro-
ceed in order to secure a perfect and conclusive adjustment of
the boundaries; but if this procedure is deemed too tedious and
one not so tardy in execution is desired, we would be able to con-
form to it, as has already been intimated, by fixing visibly the ex-
tremities of the divisional line upon both shores of the Isthmus,
at conspicuous points and in a permanent and absolute manner;
leaving to later negotiations the arrangement of the details of the
internal frontier throughout its whole extent, from Punta Careta
or of the mouths of the Doraces or of the Ciilehras, on the At-
lantic side, to some convenient location on the Gulf of Duke, be
tween Punta Mala and Cape Boruca on the Pacific. With this,
and the abandonment of the remainder of the littoral as far as the
headland of Gracias a Dios, we would simplify our position very
considerably, beginning to mark out our limits, and without any
new burden or additional charge for the States of Central Ameri-
ca, but rather one difficulty the less for them and a positive re-
lief and advantage for New Granada, for being relieved of the
burden of questions maintained up to the present time only as a
point of honor, it would turn its attention to the development
of the contiguous territories that belong to it.

Unfortunately, there is not now in Central America, nor is it
probable that there soon will be constituted there a general gov-
ernment with which New Granada could come to an understand-
ing. Neither can we feel sure that those States, usually so dis-
cordant, can now unite together to maintain in Washington a
Legation that can treat concerning this matter with ours. And
yet it is more sensible to think that though a respectable mis-
sion be sent to negotiate directly with the Governments of Nica-
ragua, Honduras and Costa Rica, as it would be with those we
would have to treat, none the less would the successful issue of
such mission be left doubtful.'''

' Sr. Fernandez Madrid reproduces here literally the same paragraph
contained in his Memorial of 1852, and his assertion was unfounded in
1855. M. M. P.

162

With the first two of these States we would have nothing more
to do than to cede to them the part of the Coast of Mosquitos
which belongs to us, from the River San Juan as far as Cape
Gracias a Dios; and we would be able to do likewise with Costa
Rica as regards the littoral embraced between the River Culebras
and the San Juan, as to which there would be no difficulty; but
it is to be feared that in tracing the dividing line properly speak-
ing, which is that in the interior of the continent, or even if we
only undertake to fix the ends of that line upon the coast, Costa
Rica will bring up the claim of sovereignty, which has been here-
tofore advanced on the part of Central America, from the Archi-
pelago of Bocas del Toro and the Island of Escudo de Veraguas,
a claim which has more than once given rise to strong demands
upon our part, having also been the danger point in various nego-
tiations initiated in the time of Colombia, and still more recently
during the revolution of 1840 to 1842.

After the Provinces of Central America, emancipated from the
dominion of Spain, were separated from the ephemeral empire
of General Iturbide, establishing the confederation which was
for some time maintained, the State of Costa Rica declared in
its political constitution which was promulgated in 1825, that
"the territory of the State extends North South from one sea to
the other, its limits being on the North the mouth of the River
San Juan and the Bscudo de Veragua, and on the South the
outlet of the River Alvarado and that of the Chiriqui" ; and the
same expression as to boundaries has been reproduced in the
various constitutions which Costa Rica has enacted subsequently
for its government, either as an integral portion of the central
American confederation, or as an independent State.^

The same general government of those united provinces, in a
communication addressed to the Colombian plentipotentiary
charged with the negotiation of boundaries in 1826, indicated
as the divisional line, natural or convenient, between' the terri-
tory of the two Republics, that which passes by the Bscudo de

Veragua in the Atlantic, the outlet of the River Boruca in the

«

"This statement of boundaries is correct. M. M. P.

163

Pacific and the district of Chiriqiii in then ancient Province of
Veragna. The Government of Colombia did not moderate its
claims at that time, since it sought to obtain as compensation for
the abandonment of its rights over the Coast of Mosquitos the
sovereignty of all the territories situated upon the southern bank
of the River San Juan, and consequently the perfect right to the
free navigation of this river and of the Lake of Nicaragua.

As already has been said, these exaggerated and discordant
claims caused the negotiations to come to an untimely end with-
out arriving at any result. The boundary question, therefore,
was left as it continues upon the footing it was placed by the
Treaty of March 15, 1825, in Art. 7 of which both parties prom-
ised to celebrate a special convention as to boundqiries and in the
meantime to respect those which then existed, which are still the
same that separated the Viceroyalty of Sante Fe from the Cap-
taincy-General of Guatemala.

Notwithstanding that solemn stipulation, the Government of
Costa Rica, improperly interpreting Art. 8 of the same treaty,
which permits the making of surveys within the frontier terri-
tories, sent some individuals to the Islands of Bocas del Toro,
commissioned to colonize that territory and administer it in its
name, just at the period at which, by virtue of the legislative
decree of May 30, 1836, the Granadian authorities were going to
establish their authority there, as no one had disputed, nor could
they ever dispute with justice, the proprietorship of the Republic
over said territory, an integral part of that of Veragua.

The Granadian Government was not unmindful of this project,
nor of another which that of Costa Rica undertook at a conven-
ient season of locating illegal establishments for colonization on
the coasts of Burica or Boruca, in the same Province of Veragua;
but it sought by timely protests and formal claims to obtain from
that government action in accord with the rights and dignity
of the Republic so far as the uncertainty as to the true line of
the frontier permitted. It did more, it immediately carried out
an official inspection of the Islands of Bocas del Toro, and it
despatched at once from Cartagena a small but well equipped

164

military expedition to occupy them, obtaining formally from their
inhabitants the recognition of the national authority, which with
the material possession has been preserved safely despite the
hostile threats and the subtle attempts of some adventurers.

In 1841, when the provinces of the Isthmus were separated
from the rest of the Republic, one of their commissioners sub-
scribed with the Supreme Chief of Costa Rica a certain agree-
ment, dated September 22nd of that same year, concerning a
survey of what was entitled the "State of the Isthmus/' in which
there were set out the bases for a treaty of friendship and com-
merce and in which the State of Costa Rica declared that it
"* * * reserved its right to claim from the Government of
the Isthmus the possession of Bocas del Toro in the Atlantic
Ocean, which the Government of New Granada has occupied,
overstepping the constituted division line in the Bscudo de Vera-
gua!' In acknowledging the receipt of this document, stating
that it would be submitted to the consideration of the Congress of
the Isthmus, the Secretary General of the latter State announced
to that of Costa Rica that the claim of Bocas del Toro, to which
Art. 4 of the Convention cited referred, would be satisfactorily
answered by the Government of ih.^ Isthmus, but public order
having been re-established in the rest of the country the authori-
ties de facto on the Isthmus were replaced by the lawful ones,
and the Government of Costa Rica refrained from urging the
approval of the pending treaty.^

Nevertheless, always having its eye fixed upon our magnificent
Bay of Almirante, and upon the archipelago which adorns it,
the Government of Costa Rica has in these last few years re-

'Let us compare this passage with the corresponding one in the Re-
port of Senor Fernandez Madrid of 1852 which begins: "In 1841" and
ends with the words "pending treaty." Let it be noted that the State of
the Isthmus {Panama) did not reject the claims of Costa Rica to Bocas
del Toro and that not the slightest allusion was made to the coasts of
the Gulf of Duke and Burica in the negotiations between the diplomatic
agent of said State of the Isthmus and the Goverqment of Costa Rica,
because at that date neither the Government of Colombia (or Ne-rn
Granada) nor the local one of Panama had made the least claim to the ter-
ritory situated to the West of the River Chiriqui Viejo. M. M. P.

newed its claims, inspired by the desire of acquiring a good port,
which it lacks upon the Atlantic.^*^

In fact, if the topography of the coast is examined which
reaches from the River San Juan, the northern limit of Costa
Rica^ as far as the mouth or channel of Drago, the most western
entrance to the Bay of Almirante, it will be seen that between
those locations there is no port at all which can be compared
with our harbor of Bocas del Toro,, which, with the lagoon of
Chiriqui, forms one of the most ample, safe and sheltered bays

"This is the desire which has moved Colombia. The Bay of Almi-^
rante belongs of right to Costa Rica since 1540 and it occupied and be-
gan to colonize it from the year 1560 down to 1836, when New Granada
resorted to force in order to take possession of it.

It is sufficient to read the text of the Capitulacion of December 1,
1573, between th^ King Don Philip II and Diego de Artieda and the Royal
tedula of August 30, 1576, addressed to the Audiencia of Guatemala, in
order to be convinced, that the Bay of Almirante, the Bocas del Drago
and the River Guaymi (now the River Chiricamola or Cricamola) which
empties into the lagoon of Chiriqui, in the eastern part of the Bay of
Almirante, "is the same thing" and is included in the Government of
Costa Rica and that the jurisdiction of Veragua does not pass beyond
where it is settled toward the West.

How far was Veragua extended and settled in 1573 or 1576?

The "Description of the Kingdom of Tierra Firme," addressed to the
King on May 7, 1575, by Dr. Criado de Castilla says that "the Province
€j Veragua has a district of thirty leagues in longitude, which are from
'the said city of Concepcion as far as the settlement of Meriato, and
twenty leagues in latitude in its greatest extent, which is from the River
Cai^obrk as far as the said city of Concepcion."

Where is Concepcion situated? The "Demarcation and Division of the
Indies," and the "Description of the Western Indies," of Antonio de
Herrera, say "The city of Concepcion, forty leagues from Nombre de
Dios, to the West."

And the Bscudo de Veragua f "An island in the North Sea, nearly to
the West of Nombre de Dios and to the North of Concepcion de Ve-
ragua."

Measuring forty leagues, which there are from Nombre de Dios to
Concepcion (137 geographical miles) it reaches close to the Island of
Bscudo and the River Chiriqui or Calobebora, which empties to the
South of said island and which since the days of Philip II served as the
boundary for the Audiencia of Guatemala and Pa^tama.

The reader, therefore, cannot but admire the serene complacency with
which Senor Fernandez Madrid speaks of "our" Bay of Almirante. M.
11. P.

166 *

in the world, the best we have and capable of receiving easily the
largest squadrons.

In the considerable stretch of the Atlantic shore, embraced
between the river and the channel mentioned, only three points
are found where through necessity it has been sought to estab-
lish ports. These points are: the mouth of the small streams
known as Moin and Matina and that of the aforesaid River San
Juan, situated in the territory of the State of Nicaragua and
noted for its dangerous bar. The whole coast where these road-
steads are found is studded with shoals, reefs, headlands and
islets, which make navigation difficult, and together with the bad
repute of the climate have caused the settlements here to be very
sparse and commerce with Central America has gone by prefer-
ence to the Gulf of Honduras.

Therefore, Costa Rica, which within a few years* in this region
has begun to develop an export trade of some consequence, now
seeks with eagerness a port; not however any port but the one
it covets in order to afford easy exit for its coffee, indigo* and
other intertropical products. Under such circumstances the Gov-
ernment of that State seems to have conceived as the easiest and
quickest means of securing its object, the renewal under some
pretext of its unfounded claims of dominion over the territory
that belongs to us in the plains along the lagoon of Chiriqui, or
that is in the Canton of Bocas del Toro. Hence the exaggera-
tion of its present aspirations, which are not confined to securing
the use but the cession of some anchorage in the Bay of Almi-
rante, and a strip of territory in the interior on the frontier as
far as the port ceded to it. Hence, also, the manifest purpose
that it harbors of establishing its jurisdiction over said territory,
by various acts which, in virtue of our ignorance or condescen-
tion, may in the future be interpreted as a tacit recognition that
this region belongs wholly to it, or at least that it belongs to it
proindiviso with New Granada. Hence, finally, the measures
dictated by that Government (without complying with the for-
malities required by Art. 8 of the Treaty, even for simple acts
of exploration), conceding in 1849 a vast portion of the Coast
of Burica to a French corporation ; and immediately thereafter,
in 1850, a franchise for the opening of a certain road from that
coast to the territory of Bocas del Toro; concessions which were

. 167

not carried into effect but against which our Government, as it
was its duty to do, duly submitted the claims tending to prevent
the prosecution of the attempt, with the protest of resorting, in
case of need, to the use of force in order to obtain justice and
reparation.il

These facts and other analogous incidents which have recently
occurred must be taken into account in renewing the negotiations
as to boundaries ; for although on the part of the States of Cen-
tral America they only constituted a disagreement and bold pre-
tension of solving,! 2 by their individual actions, a question which,
if it deserves to be called such, would be essentially international
and could only be decided by a treaty ; and although they would
never invalidate the legitimate possession which Nezi; Granada
obtains and the jurisdiction which its Government exercises over
the respective territories ; yet still such acts afford a strong pre-
sumption as to the points which will give rise to controversy
when it is undertaken to arrange by negotiation the border line
between the two Republics and they show the urgent necessity
which exists for adopting efficacious measures to adjust it with-
out delay. For the same reason they deserve to be kept in view
when that time arrives, so that in this report some additional ob-
servations will be devoted to them.

II.

The Royal cedulas for the first erection of the Viceroyalty of
Santa. Fe and Kingdom of Guatemala and their respective Au-

"With this argument of force Colombia could also take possession of
the whole of the territory of Costa Rica. Art. 8 of the Treaty of 1825
has no application in the case which Sr. Fernandez Madrid cites, because
the concessions of Costa Rica at Bocas del Toro and on the coast of
Burica were at a considerable distance from the frontier and within a
territory which from all the evidence did not belong to Veragua, be-
cause it was found at a considerable distance to the West of the Island
of Bscudo and from the mouth of the Chiriqui Viejo, extreme points of
the divisional line between Costa Rica and Veragua and of the ancient
Captaincies General of Guatemala and Panama in 1810, as also in 1821.
M. M. P.

"Was it a bold pretension? Costa Rica exhibited its titles and does
not claim any more than they justly give to it. Where are and what
are the titles of Colombia? It would be much better for Sefior Fer-
nandez Madrid to cite some Royal cedula and argue less.

168

diencias or Chancelleries, far from containing a complete descrip-
tion of the bounds of these countries, hardly did more than desig-
nate vaguely the principal provinces and cities embraced within
each jurisdictional district. It cannot, however, be doubted that
the Spanish Government fixed as the ends of the two territories
upon the Atlantic, the River Culehras, and upon the Pacific
the Gulf of Duke, between Punta Mala and Cape Boruca;^^

"It is necessary to repeat that the Spanish Government never indicated
the ends which are stated by Seiior Fernandez Madrid. The geographers
which he cites contradict themselves at every step and not only do they
not justify the confidence which the distinguished Colombian publicist
'has in them, but their authority is hardly secondary and indeed almost
nothing. Let us examine these authors:

Robert de Vaugondy, cited with so much regard by the Colombian
publicist, arbitrarily put the frontier of Veragua as far as a River Cule-
hras, situated immediately to the West of Almirante Bay; and from the
mouth of this river, in a South-east direction, he traced a dotted line
which ended to the East of the peninsula and Punta Burica, leaving the
latter and the whole of the Gulf of Dulce within the jurisdiction of
Costa Rica. See, "Northern and Southern America divided according
to their different countries" {Amerique Septentrionale et Meridxonale
divisee suivant ses differents pays), by Robert de Vaubondy, geographer,
Paris. It is without date, but it is evident from the political divisions
that it was about 1780, more or less.

DAnvilIvE, in some maps is identical with Vaugondy; in others he
excludes Punta Burica from the jurisdiction of Tierra Firme and locates
it, as also the Bay of Boca Toro, under the general denomination of
New Spain.

Faden (not Fanden, as it is written by Seiior Fernandez Madrid), in
the map entitled: "Colombia Prima," South America, engraved in 1607,
from' the sketches of DArcy de la Rochette, indicates the division line
of the Captaincies General of Guatemala and Panama, and includes with-
in the territory of Costa Rica all that which is claimed by Colombia. He
contradicts entirely Senor Fernandez Madrid.

Don Juan de la Cruz C.ano y Olmedieea did not complete his great
map of Southern America on the side of Veragua; he hardly reached the
point of Mariato on the South Sea, and no conclusion can be arrived at
from the fragment of Veragua which he depicts and for which he traces
no divisional line.

In the Maritime Map of the Gulf of Mexico and Islands of America,
by Don Thomas Lopez and Don Juan de la Cruz (year 1755), the coasts
of Central America are drawn, but there is no line that indicates the di-
visions of one province from another and the names of the rivers are
arbitrary.

Alcedo contradicts himself with so much frequency and his mistakes

169

since the most accredited ancient geopraphers agree in recogniz-
ing these limits; among them the French D'Anville and Robert
de Vaugondy; among the English, Fanden and Jeffrys; and
among the Spanish Don Juan de la Cruz Cano and Don Antonio
de Alcedo, whose historical and geographical dictionary, pub-
are so considerable that his authority cannot be invoked. He includes the
Bay of Almirante and Bocas del Toro within the territory of Veragua;
but he says that the River BelKn and the River Culebras belong to
Costa Rica. If the River Belen belongs to Costa Rica, with still more
reason does the Bay of Almirante, situated between the said two rivers.

HuMBOi^DT does not attribute to Veragua any greater extension than
that which was given to it in 1575 by the Audiencia of Panama. In the
"Map of Colombia, according to Humboldt, published in London in 1822,
for account of the said Republic and under the direction of its Vice-
president and diplomatic minister, Don Francisco A. Zea, neither the Bay
of Almirante nor the Gulf of Duke appear within the dominions of Co-
lombia.

Don Antonio de Ulloa is the only one who supports Seiior Fernandez
Madrid ; but his demarcation is entirely arbitrary ; since it is not founded
upon any legal authority nor upon facts. Ulloa was in Panama in 1735,
and there he took without investigation the reports which were furnished
to him by some interested party, who reproduced the pretensions of the
ancient Governors of Veragua, pretensions against which Diego de Ar-
tieda protested in 1576 and which Don Juan de Ocon y Trillo undertook
to combat in 1608.

The authors and cartographers who attribute the Bay of Almirante or
of Zorobaro to Costa Rica are innumerable, and none, except Ulloa, deny
*to it the absolute and complete jurisdiction over the Gulf of Dulce. Be-
sides, Vaugondy, D'Anville, Lopez, Alcedo and others have done no more
than to servilely copy Ulloa. Alcedo contented himself at times with
copying the erratas of the map of Lopez cited and Don Juan de la Cruz,
and he writes Molina for Matina and Boruga for Burica, etc.

The same Don Tomas Lopez, in a small "Geographical Atlas of North-
ern and Southern America," (Atlas geogrdfico de la America Septen-
trional y Meridional), published in 1758, reproduced that already cited of
1755. In the text which accompanies it he shows himself so scant or
lacking in information that he gives Concepcion as the capital of Veragua,
although it had been extinguished at the end of the XVIth century, in-
stead of Santiago.

Lopez says that he has made use of the works of Popple, D'Anville,
Ulloa and Frezier. He reproduces the errors of the last three and he
differs from Popple where the latter is most correct, which is in the
demarcation of Costa Rica and Veragua, traced according to Herrera, de
Laet, Sanson d'Abbeville, Guillaume de I'lsle, etc., more in harmony
with that of the Emperor Carlos V. M. M. P.

170

lished for the first time in 1789 and translated into English with
additions by Thomson in 1829, is a most respectable authority in
everything relating to the political geography of these countries.

As regards the boundaries mentioned, the Spanish authorities'
were constantly at work in these regions, until the epoch of the
emancipation, as it would be easy to demonstrate with a great
number of citations, ancient and modern ; and like his are found
to be all the charts prepared by the orders of the Spanish Govern-
ment, or with its approval, especially those published in the
Hydrographic Office of Madrid, by Fidalgo; in London by Ar-
rowsmith and in Paris by Brue and Dession. In these charts,
as in others much older and no less accredited, the frontier line
of the two countries is marked by a dotted line which terminates
above the Doraces or the Culebras in the Atlantic and upon the
Gulf of Dulce in the Pacific; consequently leaving embraced
within the Granadian territory Bocas del Toro in the former
Ocean and Burica on the latter.

There are besides various historic facts of the greatest noto-
riety, which essentially confirm this demarcation and show that
it has been maintained as vaHd and legitimate from the eariiest
times of the discovery of America until our day.

Thus we see that Columbus, in his Fourth Voyage to America,
cruising along the whole of the coast from the most northern
portion of that of Honduras as far as Portohelo, made a landing
in the Archipelago of Bocas del Toro, and he went inland to the
West by a river the waters of which had a certain greenish tint,
and being satisfied of the signs of gold in the country he resolved
to found a colony in it and he entrusted its charge to his brother
Don Bartholomew.^*

" Not to the West, but to the East of Bocas del Toro, and at more than
twenty leagues from the Bay of Almirante, Colombus discovered the
River Veragua, called so by the natives, although Don Antonio de Ulloa
and Alcedo suppose that it may have been on account of the greenish tint
of its waters. The colony which Columbus founded was not on this
river, where Sefior Fernandez Madrid takes him into the interior, but on
the banks of the Bei.En, 95 miles to the East of the Bay of Almirante.

This bay was left entirely outside of the demarcation of the Dukedom
of Veragua and of the Government of that name, as is shown by the
Royal cedula for the erection of the Dukedom of January 19, 1557, and

171

Hence came the names of Almirante Bay (Bay of the Ad-
miral), given to the very spacious and sheltered waters that
surround the islands of that archipelago; the name of Colon
(Columbus) which was given to the island that is called "Boca
del Toro" ; and that of Veragua, which from that time was given
to the province within which that bay was always embraced, its
archipelago and all the neighboring territory; and hence also
came the title of "Duke of Veragua/' with which Columbus was
decorated and which is kept by his descendants to this day: all
facts that tend to prove the antiquity of our rights over the terri-
tory of Bocas del Toro, as an integral part of the Veraguas, which
never has been disputed against us.^*^

While Columbus was exploring and taking possession of these
coasts, Rodrigo de Bastidas Juan de la Cosa and Alonso de Ojeda
were doing likewise, by commission from the King of Spain,
from Caho de la Vela, at the extremity of the peninsula of Goajira,
to the Gulf of Darien or Urahd. Growing out of these enter-
prises there were created in 1508 the first two Governments of
what was called "Tierra Firme," and later "Nezv Granada," grant-
ing to Ojeda what was designated as Nueva Andalucia (New
Andalusia), from Cabo de la Vela to the Gulf of Darien; and
what was denominated Castilla del Oro,^^ from the Gulf of
Darien to Cape Gracias a Dios, to Diego de Nicuesa; so that it
is certain that the Archipelago of Bocas del Toro has always
been, from its discovery, ascribe^ to the territories that belonged
to New Granada.

This territorial demarcation temporarily suffered a slight change
in the year 1513, when a Royal Provision was issued appoint-
ing Pedro Arias de Avila as Governor and Captain General of
Castilla del Oro, but excepting from his dependency the Province
of Veragua, the special administration of it belonging to Don

the .Royal cedulas establishing the Province of Costa Rica and in par-
ticular those of November 29, 1540, and December 1, 1573.

It is an evident mistake to say that Columbus, the Discoverer, was
decorated with the title of "Duke of Veragua." This was granted to his
grandson, Don Luis Columbus. M. M. P.

"A manifest mistake, as shown by the Royal cedulas of January 19,
1637, November 29, 1540, and December 1, 1573, etc. M. M. P.

"It was denominated "Veragua," not Castilla del Oro. M. M. P.

172

Diego Columbus, with the title of Duke.^^ This title, as has been
already indicated, was perpetuated in the family, but not so the
property and jurisdiction, since the latter was subsequently in-
corporated in the Crown, and the latter restored it to the Govern-
ment of Castilla del Oro; ^^ recognizing in favor of the Columbus
Proprietors as against the Royal Treasury what it was computed
that the Dukedon yielded them annually.

The primitive Governments conferred upon Ojeda and Nicuesa
having been merged in another general one, known since 1538,
sometimes with the name of ''Kingdom of Santa Fe," sometimes
with that of the ''Nciv Kingdom of Granada," but always having
the same frontier to the West of Veraguas,^''* all this territory,
subject first to the authority of a Governor and then to that of
a President and Special Audiencia, continued, nevertheless, under
the dependency of the Viceroy of Peru, as Guatemala, or that
is to say Central America, was under that of Mexico, until by
the Royal ccdula of April 29, 1717, the Viceroyalty of Santa Fe
was created, formed from those two primitive Governments, em-
bracing, of course, all the territory of the ancient Province of
Veragua (now Chiriqui and V eraguas) , inclusive of that of Bocas
■del Toro?^

"An error. The first Duke was Don Luis, a son of Don Diego.
M. M. P.

"There was no such "restoration" of Veragua to Castilla del Oro.
M. M. P.

"A fanciful assertion and one not warranted by the documents. Un-
til the year 1550, the Government of Tierra Firme, including Veragua,
was subject to the Audiencia of the Confines. See the Recopilacion de
Indias. Law VII, Title I, Book V, — also Peralta: Costa Rica, Nicaragua
y Panama, p. 130. M. M. P.

"^It is not correct to say that the Royal cedula of 1717, which estab-
lished the Viceroyalty of Santa Fe, should include the territory of Bocas
del Toro, nor the whole of that which was the Government of Nicuesa.
The Viceroyalty did not extend beyond the limits of the Captaincy Gen-
eral of Guatemala, which reached as far as the Bscudo de Veragua by
the North Sea and as far as the River Chiriqui Viejo on the South Sea
in 1717.

Nor in 1739, when the Viceroyalty of Santa Fe was reconstituted, was
there added to it any territory to the West of the Bscudo de Veragua or
of tht River Chiriqui Viejo. The Account of the Viceroy, Don Pedro

173

«
The Viceroyalty of Santa Fc being suppressed a few years

later, it went back and was left recast in that of Peru, until under

the Royal Order of August 20, 1739, it was again reestablished

in the same form and with the same districts as it had been in 1717.

Thus constituted the Viceroyalty continued until February 12,
1742, when it was released from its dependency upon the Captain
General of Venezuela, with the exception of some provinces
which were subsequently also taken away from the Viceroyalty
and incorporated in the Captaincy General of Venezuela by the
cedula of September 8, 1777. Under others, dated in 1790, 1792
and 1795, there was a gradual separation from the Province of
Riohacha and the addition to that of Maracaibo of the town of
Sinamaica and its district, which is the common border of said
provinces.

This was the last dismemberment to which the Viceroyalty
was subject, of which there is any information; so that, until the
contrary is proven, it should be assumed that th^ uti possidetis
of 1810 was the same that existed during the last years mentioned-
in the preceding century.

In the present one, the only change was that which was caused
by the Royal cedula issued at San Lorenzo on November 30, 1803,
respecting that part of the littoral of Central America embraced
from Cape Gracias a Dios towards the South. This littoral,
known in ancient times under the name of Taguzgalpa and Tolo-
galpa, then took that of "Coast of Mosquitos," and after having
formed a part of the New Kingdom of Granada,'^^ it was at one
time dependant from the Captaincy General of Guatemala and
at another time from that of Cuba, until finally, it was definitively

Messia de la Cerda, written in 1772, indicates the limits of the Viceroyalty
and contradicts the assertions of Senor Fernandez Madrid.

See Peralta: Costa Rica y Colombia, p. 146, 147, 199 and 245 (or p. 162,
163, 215, and 261). M. M. P.

" This is an error. Before 1803 Taguzgalpa and Tologalpa, or Coast of
Mosquitos, never formed any part of the New Kingdom of Granada, nor
of the Captaincy General of Cuba, but only of the Captaincy General of
Guatemala.

174

reincorporated in the territory of New Granada, by virtue of
said Royal cedula?-

But it is to be observed that these mutations, which had for
their sole purpose the better defense and protection of the said
coast, did not introduce any substantial change in the limits of
the Viceroyalty, properly speaking, the jurisdiction of which (as
appears from the Memorials or official accounts of the Viceroyas,
Messia de la Cerda, Guirior, Flores, Gongora, and Ezpeleta, and
from the geographical descriptions published by Don Antonio
Ulloa in 1746, when the Viceroyalty was reestablished, and by
Don Francisco Jose de Caldas in 1809, when .our separation from
Spain was on the point of being proclaimed) wa sextended con-
stantly to all the territory of the Isthmus which, according to
trustworthy, historical and geographical data, adduced in the
course of this paper, bordered with the territory of Costa Rica
by a line drawn from the middle of the Gulf of Dulce to the
mouth of the River Do races or Cidchras, a short distance from
Ptinta Carcta, which is also, approximately, the boundary indi-
cated by Baron de Humboldt and other celebrated travellers. 23

Such were, then, the borders of the territory of New Granada
toward the North-west, until by the Royal Order so often cited,
that territory was increased with the part already mentioned
of the Coast of Mosquitos, which in virtue of said cednla was
left segregated from the Captaincy General of Guatemala and
dependent from the Viceroyalty of Santa Fe.

The Treaty of 1825, celebrated between Colombia and Central
America, was subsequent to the said Royal Order, and by its Arts. "
7, 8 and 9, the existing rights were fully recognized and con-
firmed, the Guatemala plentipotentiary, Sefior Don Pedro Molina,

^ The documents and the fact that it never exercised nar was permitted
to exercise any act of jurisdiction over the Coast of Mosquitos, contra-
dict the assertion that it was incorporated definitely in the territory of
New Granada by virtue of said Royal Order,— it was not a Royal cedula.
M. M. P.

"The Account of the Viceroy, Don Pedro Messia de la Cerda, con-
tradicts this assertion of Sefior Fernandez Madrid. See Peralta: Costa
Rica y Colombia, p. 214. J. A. Garcia y Garcia, Accounts of the Vice-
roys of the New Kingdom of Granada (Relaciones de los Virreys del
Nuevo Reino de Granada), 1 vol. 8 vo., New York, 1869. M. M. P.

175

respecting the validity of said cedilla and the other documents
they had before them during the negotiations of that treaty.-^

The very Constitution of the Federal Republic of Central
America, agreed to on November 22, 1824, designates in its Art.
5, as territory of that Republic, that which was previously em-
braced within the Kingdom of Guatemala, excepting the Province
of Chiapas; and the territory which the ancient Kingdom of
Guatemala embraced is that stated in Law 6, Title 15, Book 2, of
the Recopilacion de Indias, which in touching on this point only
says: "the district of that Kingdom shall border (separate their
ends) on the East with the Audiencia of Tierra Firme?^

So that no respectable or satisfactory basis can be found for
the claim advanced by the Government of Costa Rica, that its
territory extends to the meridian that passes by the Island of
Bscudo de Veraguas; a name which in itself forbids such a
strange clam.

It is probable it has no other origin than the statement of a
Guatemalan writer, Don Domingo Juarros, who in his statistical
and commercial history of the ancient Kingdom of Guatemala,
published at the beginning of this century, was the first to assume
that the limits of Costa Rica extended upon the Atlantic from
the River San Juan de Nicaragua to the Island of Bscudo de
Veragua; basing his assertion upon a certain document which
was said to exist in the archives of Cart ago, and by which it ap-
peared that Diego de Artieda Chirinos had been the first Gov-
ernor and Captain General of Costa Rica in the XVIth century,
the King having granted to him this position for his life and for
that of one of his sons, and prescribed the limits of his jurisdic-
tion upon the iVtlantic Coast, from the mouth of the River San
Jucm as far as the Island of Bscudo de Veragua, and upon the
Pacific Ocean from the River Nicoya as far as the River Boruca.^^

"Neither Don Pedro Molina, nor the Government of the Republic of
Central America, recognized the validity of the Royal Order of San Lo-
renzo. If they had recognized it, the boundary question would have-
been settled since the year 1825. M. M. P.

^'The Federal Constitution of Central America referred to the terri-
tory of Guatemala, as it was marked out by Juarros and Dr. Jose Mariano
Mendez. M, M. P.

** The documents published on the part of Costa Rica or in independent
collections prove this assertion erroneous. M. M. P.

176

It is to be noted that Juarros did not speak of this cedula of
his own knowledge, but from the statement of one Ceballos ; but
however that may be, it is nevertheless true, as the learned Sefior
I\Ianuel Maria Mosquera very justly observed, that the mere fact
of digging up such a document from the archives of Cartago, in
order to produce it so tardily as a great find of a title forgotten
or lost, proves clearly that the possession of the whole of that
littoral by the Government of Costa Rica was either never really
effected or it was not thereafter kept ; and this is taking the au-
thority and meaning of such paper for granted, which is not in
accord with the historic facts, according to which we have seen
that the authorities of the Viceroyalty of Santa Pe exercised
jurisdiction as far as the borders already indicated and that those
of Central America never overstepped them.^'''

Therefore, if this point should now be controverted, it would
be more natural and just to admit the reality of these historic
facts and the generally recognized boundaries which they in-
dicate, not between temporary Governments shortly after the
conquest, which perished with the life of the one upon whom
they were incidentally conferred, but between the territories em-
braced in the two jurisdictions of the Royal Audiencia of Guate-
mala and the Royal Audiencia of Tierra Firme, or it may be
between the Captaincy General and the Viceroyalty, which is
what constituted the uti possidetis of 1810 or of 1825, the date
of the Treaty between Colombia and Central America.

III.

It may be inferred from what has been stated that, without
prejudice to scrupulously respecting the known frontiers of
the two territories, the negotiation can be reduced now to deter-
mining the division line in a general way, in the places where as
yet it has not been clearly fixed.

These places are:

1. The precise section of the Gulf of Dulce not yet well
known, between Punta Mala and Cape Boruca, where the frontier
demarcation must be begun; a section or point of departure
which, as Sr. Colonel Codazzi proposes, can be fixed in the cen-

"This assertion has no foundation. M. M. P.

177

tral channel of said Gulf, denominated Golfito, in which there
empties the river of the same name.

2. The irregular line (also unknown in part) which, ascending
by the River Golfito and passing by the Sierra de la Cruz, must
serve as boundary in the interior, until it reaches the head-waters
of the River Doraces, or of the Culebras; by tlie course of one
of which streams the frontier must naturally proceed.

3. The point at which the said line ought to come out on the
Atlantic, adopting for that purpose the mouth of some of the
rivers mentioned, or in the last resort Punta Careta.

The most general and accepted opinion of the geographers
and historians of America and the acts themselves of the Spanish
Government, taken altogether, as has already been seen, indicate
the end of the division line in the River Culebras; but as there
cannot fail to be noted in one writer or another some discrep-
ancy concerning which of the points stated {Borates, Culebras
or Punta Careta) is the one which in reality does separate the two
jurisdictions, it seems that this uncertainty, although of little
weight in comparison with the other uniform data which desig-
nate the River Culebras as the border, it could nevertheless be
admitted, thanks to the freedom the two Governments enjoy to
deviate from a strictly legal line, and accommodate themselves,
if they deem it proper, to take another, which, without departing
in any absolute way from the boundaries already indicated, may
be more in harmony with what is desirable for both countries.

Proceeding thus, with a frank and sincere mutual desire to
reach an agreement, it does not seem that it will be impossible to
secure it^ especially if we confine ourselves to assuring our pos-
session of Bocas del Toro and reserving to ourselves a good
anchorage in the Gulf of Diilce, being thoroughly convinced that
this being settled in a satisfactory manner, all the other points
are of entirely secondary interest. In the interior of that portion
of our frontiers, what interests us is not to enlarge our territory,
but to obtain that which, though less in extent, may be more
easy of administration and more susceptible of the establishment
of a natural and permanent demarcation, which will avoid for
the border authorities every reason for perplexity or confusion
in the exercise of their respective jurisdictions, in the return of

178

fugitives and in other acts which are made so difficult if there is

uncertainty in this respect.

It is to be hoped that the Government of Costa Rica sharing
in these friendly and conciliatory sentiments may be persuaded
that, as long as the border line of the two States is not fixed
with clear and definite points, marked out by natural objects and
adjusted to the rights of both countries, they will both be causing
reciprocally the greatest injury that can be done; for while this
is not carried out, little or no progress can be effected in an
efficient manner in order to assure the ownership and promote
the cultivation and settlement of the untilled lands which the two
Nations possess in those regions.

What does Costa Rica claim? Does it wish to have a port
on the Atlantic? Then New Granada is not only disposed to
give it the freedom of all those on the Isthmus and free transit
by that territory, without any kind of hindrance or imposts,
but, ceding the entire coast between the rivers Culehras and San
Juan, it would cede to it two ports, those of Moin and Matina,
which, although they are not commodious, are the only ones that
we have the capacity to cede.^^

And let it be noted that Great Britain having declared, since
1847, with the express purpose of meeting our claims, that this
portion of the coast is not within those embraced in the pre-
tended dominions of the native chief who was said to be allied
with and protected by them, in ceding the right derived from the
cedula of 1803, we would cede it guaranteed by the explicit
recognition of the only Power which up to the present, time has
disputed it.^^

What more will Costa Rica claim ? Does it expect that we will
give up all the shores of the magnificient Gulf of Dulce, the
fertile prairies of Chiriqiii and our precious Archipelago of

"The ports of Moin, Matina ^nd San Juan de Nicaragua never have
belonged to Colombia; they were always, even after the issue of the Royal
Order of 1803, under the exci^usive dependency of Centrai, America,
as Sr. Fernandez Madrid himself recognized in his Memorial of 1852.
M. M. P.

** The despatches of lyord Palmerston, Chatfield and of O'Leary, demon-
strate the error of this opinion. M. M. P.

179

Bocas del Torof Let it be undeceived, those territories belong-
to us by a just title and perfect occupation ; we have made great
sacrifices to protect and defend them, to settle and develop them ;
and we have done this so that it may be seen that these territories
are an integral part of our country, which can not be wrested
from us without first destroying us.^^

So, let Costa Rica be persuaded of this and let it resolve, as
New Granada has already, to give to the peoples of Spanish
America commendable example of moderation and fraternal
generosity, deciding within the family these irritating territorial
questions. Let both show by their acts, that there is no truth
in the assertion of those who say that the Spanish American
peoples are animated by petty rivalries. Relations of friendship
and good understanding between nations are not developed by
useless protests, but by the practice of strict justice and the ad-
vantage that may be derived from such relations. Let us not,
then, disregard the actual situation, nor permit the reasons for
disagreement which now exist to longer continue. Reason in-
dicates and experience proves that such a state of things is a
source of iminent danger to the peace of both nations and even
for the preservation of their dominion over the very territory in
dispute. The most important thing for these Republics is not
to enlarge, but to preserve, protect and develop the territories
which they possess, uniting all their efforts for that purpose.

Therefore, though it were only to stifle, in consideration of
our common interests, the germ of fatal rivalries and grudges
which the unsettled condition of the frontiers may foster, an
end should be put to a situation so threatening and anomalous
even at the cost of some sacrifice.

Happily, Citizen Senators, this is what the Government of the
Republic has proposed, in asking your approval of the proposition
to accredit a Diplomatic Agent near the Government of Costa
Rica. The measure is an important one and the desirability and
necessity of its adoption is unquestionable. Therefore your Com-
mittee respectfully submit the following resolutions:

"In view of the communication of the Executive Power, dated

It will be enough for Colombia to submit its just titles, as Costa Rica
submits its own, without any need of reproducing fanciful statements such
as are found in the words of Senor Fernandez Madrid. M. M. P.

180

February 26, last past, stating that in its opinion the measures
that should be employed to settle more promptly and with prac-
tical advantage the boundaries between Neiv Granada and Costa
Rica, are those of a vigorous negotiation conducted on the part
of New Granada;

"The Senate, cordially approving the idea expressed by the
Executive Power in the communication referred to, resolves to
provide the corresponding credit in the National Budget.

"Let this report be forwarded to the Committee on Accounts
for that purpose, and the annexed documents be returned to the
respective Secretary of State."

Bogota, April 10, 1855. Citizen Senators.

Pedro Fernandez Madrid.

This is a copy.

The Secretary of the Senate: Ldzaro Maria Perez.

Doc. 303 Minutes of the Conferences had Between the Plenipo-
tentiaries of the Republic of Costa Rica and New Gra-
nada, with a View to Making a Treaty of Boundaries,
Friendship, Commerce and Navigation.

New York, October, 1855.

In the city of New York, on the 3rd day of October, 1855,
the Sefiores Don Luis Molina, Charge d'Affaires of Costa Rica,
and General Don Pedro Alcantara Herran, envoy extraordinary
and minister plenipotentiary of Nezv Granada, each one of them
near the United States, and both invested with full powers to
celebrate boundary treaties and others of reciprocal interest be-
tween Costa Rica and New Granada, met and mutually presented
their papers, and these being found in due form they exchanged
authentic copies, in order to proceed, as they did thereupon, to
the negotiation of the treaties.

General Herran said:

"From the conversations which I have held with the Seiior
plenipotentiary of Costa Rica, I believe that, if the article as
to boundaries is adjusted, there will be no difficulty whatever in
concluding the treaties of Friendship, Commerce and Navigation,

181

because the polity, the necessities of each of the parties being
identical, with a good will, there is nothing else which will pre-
vent their relations being bound together as their sympathies
and interests demand. I am confident that the settlement of the
question of boundaries, from its vital importance, will be one of
the greatest bonds of friendship between the two Republics and
that it will not only facilitate but it will assure forever the closest
relations which they are desirous of cultivating. I submit, there-
fore, to Sefior Molina, an article which I have prepared, which,
in case he agrees to it, we can arrange to put in the proper place
and pass on to discuss the other articles of the treaty or treaties
which we are to celebrate."

The article presented by General Herran is as follows :
"Article — . The Republics of New Granada and Costa Rica
recognise for common limits between their respective territories
a division line, which, starting in the middle of the principal
mouth of the River Doraces, which empties into the Atlantic,
continues up stream, always in the middle of its principal chan-
nel, to its source; from thence by the top of the Cordillera to
the crest of the range of Las Cruces; from thence to the head-
waters of the River Golfito, and from thence by the middle of
the principal channel of the latter river to its outlet into the Gulf
of Dulce. The Republic of Cpsta Rica renounces in favor of
New Granada the right which it may have to any part of the
territory which is left to the East of this line, and New Gra<nada
renounces in favor of Costa Rica and Nicaragtia the right which
it may have to any part of the territory that is left to the West
of this line, excepting from such renunciation the Islands of
San Andres, Providenciau Santa Catalina, Mangle Grande, Man^
gle Chico and the others that belong to the district under the
name of Canton of San Andres, which shall continue to belong to
New Granada."

Thereupon General Herran went on to say:

"I attribute great importance to this negotiation as to boun-
daries ; but I am very far from considering it important because
of the extent of territory which may be the immediate object of
the inquiry. In my opinion its importance springs from the con-
sequences and I consider the settlement of boundaries in itself
as the removal of an obstacle which is now obstructing the road

182

in order to reach a favorable position. I regret to see the posi-
tive evils which this question has caused and is causing, from
the fact that it has prevented the parties interested from coming
to a fraternal understanding in order to take up matters of
common interest which may not be neglected without serious
injury resulting. Even now new dangers are threatening that
can not be disguised and give us cause for alarm. So, then, I
have not examined the question as to boundaries with a view
to finding means for cutting away any portion of the territory of
Costa Rica in behalf of New Granada; but I have rather sought
for some way to contract the limits of New Granada without
failing in my duty and for reasons with which I might demon-
strate to Costa Rica that there is upon our part a religious respect
for its rights. I will first consider the legal question and then
that of convenience.

The article as to boundaries which has been proposed does not
make any new concession of territory to Nezi^ Granada, inasmuch
as the latter Republic now actually possesses what has been desig-
nated and because it has belonged to it and does belong to it by
virtue of legitimate, sufficient, clear and subsisting titles.

In accord with these titles, also, is the testimony of the persons
who are most competent in the matter, either from their recog-
nised authority or from their profession.

The division line proposed is the one that is the best suited to
the parties.

To prove these assertions I will confine myself to make a
summary of the documents which favor the rights of New
Granada.

On March 4, 1825, the Republc of Colombia and that of Cen-
tral America, by common accord, through their respective pleni-
potentiaries, recognised the uti possidetis of 1810, as that which
was best for the American Republics of Spanish origin and that
which had generally been adopted in that epoch by an instinctive
analogy to that which had moved the greater part of the colonies
to declare themselves independent of the dominion of Spain and
constitute themselves independent States.

The Cedula^ issued at San Lorenso on November 30, 1803,

' It is not a "cedula" but a Royal Order. M. M. P.

183

by which the resolution of the King was communicated, that
"* * * the islands of San Andres and the part of the Coast
of Mosquitos from Cape Gracias a Dios, inclusive, towards the
River Chagres, shall be segregated from the Captaincy-General
of Guatemala and be dependent upon the Viceroyalty of Santa
Fe, * * *" is a legitimate title, because it emanated from the
only authority which at that epoch could issue it in the use of
the authority which it exercised ; it is a sufficient title to prove
the rights of Neiv Granada over the Atlantic coast, because it
not only embraces tjie limit to which New Granada is now re-
stricted, but it passes beyond that ; in virtue of which the cession
or renunciation contained in the proposed boundary article is
neither a problematical one nor one of mere form, but it is a
transfer of a right over a definite and useful thing for Costa Rica.
It is a right of equal and of like importance to that which the
King of Spain ceded to the United States upon the coast of the
Pacific, which, if at the beginnig it seemed insignificant, in the
course of time became fraught with a great result, benefit and
most important consequences. It is by its precision a clear title,
by the significance of its words, by the absolute way in which it
is stated and because it admits of but one meaning, since to
give to it any other it would be necessary to add new words to
it. It seems to have been drawn as if it wei-e to solve the
question which now occupies us, and the simple reading of this
title is a positive demonstration of its clearness ; it is a subsist-
ing title because there has been no other act subsequent of a
legitimate origin which modified or changed it.^ The subsis-
tence of this title was recognised by Central America, as appears
from the minutes of the conferences held for the negotiation of
the treaty celebrated with Colombia in the year 1825.

And just because this title is so clear, I will not try to amplify
the significance of its language ; nor to make it worth more than
it expresses itself. Definitely as it speaks regarding the coast,
it says nothing about the interior territory, and for this reason
it is that I make use of this title, not to prove the right of New
Granada to the territory which would be left limited by the pro-
posed division line, but only for two objects : to prove that New

'These assertions are not correct. M. M. P.

184

Granada has a right to the point where the said line begins and
to demonstrate the value of the renunciation or cession offered
of the Atlantic coast in favor of Costa Rica and Nicaragua.

Whatever may be the extension as to width which may be
attributed to the expression "Coast of Mosquito s," of which the
Royal Cedula makes use, it is very certain that it is an extent
of land situated upon the shore of the sea, without which the con-
tiguous territory would be of very little value. Without forcing
the language of the Cedula cited it would be understood, in
accord with the report which led up to it, that the Spanish Gov-
ernment, in imposing upon the Viceroyalty of Santa Fe the
onerous charge of defending the Coast of Mosquitos, conceded
to it an extent of territory of sufficient width for the establish-
ments that ought to be set up, in order that the defense of such
coast might be made effective and the territory utilized ; but with-
out it being necessary to so understand the said expression, it is
evident that, even restricting as much as possible the sense of the
said Cedula, it concedes, taking it even in the least favorable
interpretation that may be wished, a very valuable right, the
importance of which was recognised in the very fact of Costa
Rica and Great Britain being so eager to have New Granada
partially renounce it, for the purpose of facilitating the settle-
ment of boundaries. It is said that the right of the latter
Republic over the Coast of Mosquitos as far as Cape Gracias a
Dios is not in proporition to the territory that it holds in the
interior, which is a very good reason to show that it is desirable
to make an arrangement as to boundaries advantageous to both
parties ; but it is not an argument against the conditions of the
legitimacy of the right. ^

The British Government, which is the only one beside that of
Costa Rica, with which that of Nezv Granada has had any dis-
pute on account of the Coast of Mosquitos, did not make any
observation as to the Cedula, but as to the dominion which Spain
had at times held over the territory of the so-called ''Kingdom
of Mosquitos," — an observation which Nezv Granada does not
apprehend on the part of Costa Rica, because it would be against
its own interests, and it is to be noted that the pretensions of

'All these reasonings of the Minister of Neiv Graruada, Sefior Her-
ran, are demolished by those of Sefior Fernandez Madrid. M. M. P.

185

Great Britain were not declared as soon as it had knowledge of
the Cedula, but many years afterwards. When the Republic of
Colombia negotiated the treaty of friendship with Great Britain
in the year 1825, the British plenipotentiaries proposed an article
having for its object to prevent Colombia from claiming the
territory of Belize, and then it was stated, with the map before
them, that in virtue of the Cedilla of 1803 the territory of Colom^
bin did not go beyond Cape Gracias a Dios, and not being con-
tiguous to Belize the proposed article was unnecessary. With
this explanation the British negotiators were satisfied, without the
rights of the King of Mosquitos being mentioned, nor putting
in question the dominion which Spain had exercised over all that
territory, nor the right which Colombia had acquired over the
Coast of Mosquitos. It was from the year 1838 that the British
Government showed an anxiety to sustain the so-called ''Kingdom
of Mosquitos/' and even then it did not absolutely disregard
the rights of New Granada, as it finally declared on the 4th of
May, 1848, that it had recommended to the Mosquito King that
he should confine his claim on the South side to the eastern
branch of the River San Juan, with the express purpose of reach-
ing an agreement with Nezv Granada. This recognition on the
part of Great Britain, when it had every interest in sustaining
and enlarging the Kingdom of Mosquitos, while I would not say
that it gave greater force to the Royal Cedilla of 1803, since it
has in itself all that could be desired, still I would say that it
was a tribute paid to the rights of New Granada and a demon-
stration of the validity of its titles.^

I have no information that the division line between the Vice-
royalty of Santa Fe and the Kingdom of Guate'tnala was ever at
any time laid out, throughout its whole extent ; it is not believed
that this was ever done, so that I will now speak of the point as
which I propose the line shall terminate, and thereafter take it up
throughout its whole extent.

The Gulf of Duke was for a long time in that part the point

* An examination of the despatches of Lord Palmerston and of Mr.
Chatfield, show the contrary of what is here asserted by the Minister of
Colombia. Neither the British Government, nor that of the United States
of America, has ever recognised the pretensions of Colombia to the Coast
of Mosquitos. M. M. P.

186

designated and admitted as one of the ends of the division line,
and it could not be otherwise in order that the lands conceded
by the King of Spain should be covered, as they were, by the
privileges granted to the inhabitants of the Province of Veraguas.
Thus far the last Viceroys of Santa Fe exercised their authority
and the settlers who established themselves did so as inhabitants
of the Province of Veraguas or. to that of ChiapOi, after the latter
was created, by virtue of which they have been and are in the
enjoyment of the lands granted.

Senor D. ^edro Molina, Minister Plenipotentiary of Central
America near the Government of Colombia, being in Bogota,
was directly and specially informed that Colombia earnestly be-
lieved that its limits on the coast of the Pacific reached to the
center of the Gulf of Duke, and that it was exercising it, as long
as the projected boundary treaty might not be celebrated ; to
which Seiior Molina assented.^

If we come to an agreement as to the two extreme points of
the division line, all difficulties can be considered as overcome,
because for the designation of the intermediate points attention
ought to be given preferentially to a clear and permanent pub-
licity of the line, not with the object of establishing a barrier to
separate or estrange the two peoples, but rather on the contrary
to perpetuate a bond of union by the settlement of the only
reason for dispute that now remains, in such fashion that it will
not again arise.

The two titles of which I have made mention will be sufficient
to prove the rig^hts of New Granada to the division line which,
we submit, if even there were contradictory evidence thereto
and even if New Granada had no other titles in its favor, because

'There is no fact nor document which proves that Senor Molina as-
sented to the belief which Colombia held as to what its limits were.
On the contrary, the note of the Secretary of State of Central America
to Senor Morales, Minister of Colombia, makes it apparent that in 1827
the division line of both Republics started from the Bscudo de Veragua on
the Atlantic and ran toward the South-west as far as the mouth of the
River Boruca or Chiriqui viejo. General Mosquera said, in 1866, in his
Memoria sobre la geografia de Colombia (Memorial upon the Geography
of Colombia), that the limits of the Viceroy of Santa Fe reached to
Punta Burica, and he assigned a like limit to the Republic of New Gra-
nada in 1852. M. M. P.

1S7

they are acts emanating from the King directly, in the exercise
of the sovereign power which he held in his hands, having the
force of law, until they should be revoked by the authority
exercising the sovereignty among us; but if instead of finding
any evidence in contradiction everything with but very few ex-
ceptions should be found in harmony with said titles, Costa Rica
will agree that the proposal which I submit arranges the questions
in the most equitable manner.

After the Royal Cedillas no testimony is more satisfactory
than that of the Viceroys, and their relations as to command
agree in proving that before 1803 the limits of the Viceroy of
Santa Fe reached to the Gulf of Dulce on the Pacific coast; and
to the River Doraces upon that of the Atlantic; and these are
not the only documents which can be cited, but the acts of au-
thority exercised by the Viceroys Don Antonio Amar y Borbon,
Don Juan Samano and Don Juan de la Cruz Mourgeon, and by
the General in Chief Don Pablo Morillo; that is to say, that be-
fore and after the years 1803 and 1810 the territory of the Vice-
roy of Santa Pe reached at least as far as the limits I propose,
and that the right was accompanied by acts exercised by the
Viceroys and down to the very last superior chief of the Spanish
Government.

The testimony of the geopraphers and travellers is so very
generally in accord with the limits I propose, that instead of
submitting a long list of citations I will refer to them generally,
taking into consideration the credit which each one impartially
deserves, and in particular I will refer to the maps which had
for us an official character down to the year 1810, as having been
prepared by order of the Spanish Government, and having in
mind that since the year 1825 it would have been an easy and
natural thing for the geopraphers to keep the boundaries which
Costa Rica fixed in its Constitution, and when they did not do
so, notwithstanding the prestige and respect merited by the Con-
stitution of a country, and notwithstanding Colombia and Costa
Rica, instead of fixing boundaries with Central America referred
to those which the Viceroy of Santa Pe had, it was because they
deemed with impartiality that neither the legitimate instruments,
nor the traditions, nor the state in which things were found in the

188

frontier territories of New Granada and Costa Rica justified
the boundaries which the latter had fixed in its Constitution.

In default of legitimate titles the opinion of the best accredited
geographers could be accepted as the judgment of a competent
juror in the matter.

But I would not rest satisfied with demonstrating that the
line proposed is the most just one, if I were not also able to show
it is the most desirable one for both parties, for I consider it is
a duty of the Spanish American Republics, and especially those
that are neighbors, to mutually do such good as they may to one
another, even yielding a right when concessions may be made
without prejudice to the party making, them. The arguments
for desirability have great weight in the present case, in that,
there being no question of honor to intervene, such concessions
as may be made by the parties can never be interpreted as acts
of weakness. It is not because of disagreements or threats that
the negotiation has been taken up, nor has one of the parties been
placed in the compulsory situation of acting against its will, but
on the contrary the demonstrations of good will and the expres-
sions of civility which have gone before contributed to establish
mutual confidence between the parties, and above all they have
brought them to a knowledge of how greatly it is to their interest
to bind closer their relations.

Let us suppose, then, that there are no titles, on either side,,
nor traditions, nor evidence from which rights could be derived,,
and there was no other rule for the demarcation of the boun-
daries, than that suggested of desirability for both parties, and
on the basis of such a supposition I will make some observations.

In the first place, it is very important for the two Republics
that they defend their coasts, particularly those upon the Atlantic,
from adventurers who are really filibusters, unwilling to submit
to modern regulations, constantlly becoming more outrageous
because they find it so easy to undertake with impunity the most
scandalous acts of piracy; and in the second place, it is desirable
to utilize that land with such great prospects in view of its topo-
graphical situation and its fertility, so that its possession shall not
be a burden without advantage as it is at the present time.

Upon the Pacific the portion which is in danger is the shore
from the Gulf of Dulce for a considerable distance towards the

189

North-west; — upon the Atlantic from Cape Honduras to Punta
Careta, and a valuable part of this coast is not only in danger
of being lost forever but it is under the control of adventurers.
The proposed division line would leave to Neiu Granada the
extent of coast it can settle and defend, and to Costa Rica would
be left a much greater extent along that coast which requires
so much expense and effort for its preservation and defense. If
the boundaries of Nezv Gratmda were withdrawn any farther to
the South-east, the danger would be greater, not only for the
territory which Nezu Granada might abandon, but for that which
unquestionably belongs to Costa Rica.^

I have not taken into account in the argument as to desira-
bility in favor of Costa Rica the less extent of its territory, be-
cause it is not in proportion to its population, and because the
fact of N'cw Granada being larger does not prove it needs its
territory less than Costa Rica. The consideration that it would
be easier for AVw Granada to defend the Atlantic coast has
greater weight in the question of desirability, even without taking
into consideration the fact that the means of defense tliis Re-
public can employ there would be superior. It would not, there-
fore, be desirable for Costa Rica to demand concessions, worse
than useless and prejudicial to both parties. By coming to an
understanding our two Republics will secure more efficient sup-
port than they would be able to afford from their own resources
mutually, and they ought to consider the arrangement of matters
in such a fashion as to make it easier to get such support ; that is
to say, by putting the inhabitants of one in contact with those
of the other by means of settlements which might be established
at the most advantageous points in those wild regions lying in-
termediate, to the end that it threatened with dangers as it was
at another period, but to attain this condition it was necessary
to solicit the co-operation of the United States, and to arouse
public interest through the press, bringing the question before
the Congress in relation to the American policy and calling the
attention of the Cabinet as a last recourse against the plans for

•The facts have shown that all these specious arguments of the Min-
ister of New Granada should not be applied to Costa Rica, which has
been able to defend itself from armed intruders with more firmness and
ability than from the soldiers of Rhetoric. M. M. P.

190

usurpation and it also became needful to incur constant expense
in order to develop the population of that territory, provide for
their protection, sustain the public administration and give to it
the special defense that it required^

I can not say, as regards our Pacific coast, that New Granada
has had to use force or money in its defense, but this was not
because the Government felt less interest in the latter than that
upon the Atlantic, but for the reason that it was not directjy
threatened. If it had been the Republic would have done the
same as it did in order to defend the territory of Bocas del Toro,
and it has always been ready to do this. On the other hand,
beside the fact that dangers have not been so imminent there,
the private interests of the inhabitants of the Provinces of Vera-
giia and Chiriqui would have made them rise, without the need
of being urged by the National Government, in defense of the
lands which belonged to them in ownership by the title commonly
called "a. privilege conceded by the King of Spain. ^

At the same time that New Granada undertook to defend the
whole of the Coast of Mosqiiitos from the usurpations by which
it had been constantly threatened, it declared that it was not its
intention to retain the dominion of the whole of it to the extent
that its rights went under its titles ; but, in effect, defended it
with the conciousness of a duty imposed by the same titles and
its own honor, making timely declarations that it was its pur-
poses to enter into arrangements with the States of Central
America in order to cede to them, under equitable conditions,
such part of the coast as might not be required for N'ew Granada.

I was the representative of New Granada who called the at-
tention of the Government of the United States to the Mosquito
question, and' I acted under the belief that this would redound
to the welfare not only of New Granada but of Central America
as well.

^ The establishment of Colombia at Bocas del Toro is still very in-
significant (1890), being maintained with the purpose of keeping the ex-
clusive occupation of the litigated territory. M. M. P.

"There is no official evidence of any such kind of titles, which, if they
had any value, would be in contradiction to the Royal Cedulas that es-
tablished the demarcation of Costa Rica and Veragua and to the uti
possidetis of 1810, so frequently invoked by the Colombian expounders.
M. M. P.

191

At the very beginning I showed to the Government of the
United States and to the representatives of the American Gov-
ernments vi^ho vi^ere in Washington, that it was not the intention
of New Granada to keep the Coast of Mosquitos as far as Cape
Gracias a Dios, but that the object of the action which I took in
preventing the intervention of foreign Governments was in order
that the parties interested might arrange the question solely
among themselves. The members of the Diplomatic Corps and
those in the Cabinet and in the Congress of the United States,
with whom I discussed the matter, were of opinion that the
policy of New Granada was the best one to prevent the continu-
ous usurpations theretofore undertaken. Although my success
was not complete, some good results were secured. Great Britain
limited the Kingdom of Mosquitos, which had previously ex-
tended as far as King Buppan, to the southern mouth of the
River San Juan, with the express object of satisfying the claims
of New Granada,^ and if this Republic had sought only to assure
the portion of the coast which it needed, without maintaining
the question of right, of honor and principle and the common
interest of the Spanish American Republics, it would have been
satisfied with such a solution, because so far as it alone was con-
cerned nothing more was needed. A dominion over shores fre-
quently threatened by attacks would have been a useless and un-
profitable burden, unless those shores and the contiguous terri-
tory could be successfully made useful to our Republics, and to
attain this the union and co-operative effort of the two Republics
would be very advantageous, as it would also be for their com-
mon defense, the purpose being of an analogous character. This
is my view concerning what has been already stated.

Let us suppose that New Granada should withdraw from and
abandon the Canton of Bocas del Toro. What would happen?
Some company of speculators would at once seize upon it under
the authority of some of the many concessions of the Mosquito
King, true or fictitious, which are held among those people;
it would become a colony of another nation or be held by parties
of greedy filibusters who are looking for opportunities to make
themselves masters of somebody else's property; and what good

•The note of Lord Palmerston to Senor Mosquera, Minister of New
Granada in London, is published in this book.

192

would result from this to Costa Rica? None at all; and, far
from any good resulting to it, a bad neighborhood would be estab-
lished close by which would rise to constant uneasiness. With
this prospect in view can it be possible that Costa Rica would
desire to have New Granada draw back its frontier? Would it
prefer the neighborhood of these adventurers to that of Grana-
dian citizens? And would it not take into account the expense
and the burdens supported by this Republic in developing and
protecting the population of Bocas del Toro and in preserving
over it the sovereignty of the Republic? Could the Government
of New Granada undertake to compel the residents of the Prov-
idence of Chiriqui to give up the property rights they have to the
privileged lands they hold ? We cannot disregard what has taken
place in the last few years, nor close our eyes to what is hap-
pening at the present time; nor afford an apportunity for the
establishment upon our uninhabited coasts of dangerous neigh-
bors, for lack of agreement among ourselves, for want of means
to defend them or proper foresight. Unfortunately, the fears
I have expressed are only too well founded ; and new proofs of
this come to our notice daily. If New Granada had not main-
tained the occupation of the Canton of Bocas del Toro, Costa
Rica would not have been the one occupying it today, but the
whole of that territory would already have been lost for either
of the two Republics. ^0

Far ^rom there being any reason for suspicion or lack of
confidence between the two Republics, every day more closely
identifies their interests and makes still clearer the desirability
that they should come to a friendly understanding and make
common cause in the attainment of the objects of mutual in-
terest, and happily events in both countries have been gradually
developing in this direction.

There is a disposition upon both sides to make liberal conces-
sions in accordance with the principles which guide them and as

"This is a gratuitous supposition. From 1855 to this date (1890)
Costa Rica has consolidated its organization, developed its resources and
enlarged the extent of its cultivated territory, and if it had not been im-
peded by force used by the Government of New Granada it would have
continued the colonization of Bocas del Toro and Dulce Gulf, initiated
by the Governors of Costa Rica in the year 1560. M. M. P.

193 H^^

should be expected between neighboring nations; and I am very-
glad to announce to the Senor Plenipotentiary of Costa Rica
that the commercial franchises proposed by Sefior Molina to
Senor Gual in the negotiation of the treaty between Colombia
and Costa Rica will be accepted now on the part of New Granada
and they will be stipulated in the treaty if Costa Rica still be-
lieves it to be desirable, since on the part of Nezv Granada the
difficulty does not exist which prevented Colombia from accept-
ing the stipulation proposed by Sefior Molina.

The privileges enjoyed by foreign Governments on the Isthmus
of Panama are free but they may be restricted or abolished, some
at the will of the National Government and others by the State
Government. Costa Rica can assure itself of these franchises
and other privileges which it may deem desirable without their
extension to the nations that ought to be considered as the most
favored by the treaties of New Granada, inasmuch as Costa Rica
can offer compensations which are not burdensome to it, but
which for other nations would be very burdensome or impossible.
So, therefore, the ports of the State of Panama would at all
times be as serviceable for Costa Rica as its own ports ; and this
is a fact which makes the settlement of the boundary question
much easier. Between neighboring nations which cannot or do
not wish to concede privileges to foreign commerce, or where
they would be mutually prejudiced by the competition of their
products or manufactures, or where for political reasons there
exists mistrust upon one side or the other, the acquisition of a
port is a question of vital importance and even every hand-
breadth of land; but between nations where the ports are mutu-
ally open to each other, without the imposition of taxes or re-
strictions, where free traffic is permitted from to the other by
land and where they possess more territory than they need and
have nothing to fear from each other, there is no reason which
justifies a delay of dangerous consequences in the settlement of
their boundaries.

And it is not alone in respect to commercial relations that New
Granada is disposed to come to an agreement with Costa Rica
as to whatever franchises are desired ; the same is true as regards
postal arrangements, respecting the exercise of the learned pro-

194

fessions as to civil and political rights, and, in a word, respecting
all the relations which can exist between two neig^hboring peoples
whose interests are identical.

Some facts, already irrevocable, have occurred to prepare the
way for an order of things of great importance, which merit the
attention of the Governments of Costa Rica and New Granada.
The Republic of Central America being dissolved, Costa Rica
was left in a position of absolute freedom to dispose of its own
destiny in whatever way it saw fit, but at the same time, being
a small nation, it was left in a perilous situation, and its relative
weakness is not the only cause for the dangers which surround
it; there is the importance the whole of that part of America
has acquired belonging to the central section ; there is the anarchy
which is eating up some of the neighboring people; there is the
discredit which has fallen upon the Spanish race ; there is the
bold and impudent covetousness of hordes of adventurers who
swarm in the United States and only await an , opportunity to
strike ; there is the power of strong nations, always ready to
make demands upon weaker nations whenever they find it de-
sirable, without any regard for their rights; and altogether there
are all the causes likely to lead to the dangers to which Costa Rica
and the other Spanish American States are subject, not the same
dangers for each but in proportion to their several circumstances.
It is not justice nor right which serves as the rule on the part
of strong nations in their treatment of weaker ones, and if th«
abuses of force are not more frequent, it is because at times the
interests or jealousies of those stronger nations intervene and
it is for their own convenience they may protect some one or
other of the smaller nations.

The discovery of the mines of California and Australia and
the prodigious development that has taken place in the commerce
of the Pacific, have increased the importance of the Isthmus of
Panama. New Granada at once recognised that this section of
its territory required its own special and complete organization,
without other dependence upon the National Government than
as to matters purely national, and the State of Panama was
created, which, while at the same time that it is an integral por-
tion of Nezv Granada, has entered upon the exercise of its sov-
ereignty. The peaceful and legal way in which this sovereign

195

State was created, the advantageous political position in which
it has been placed and the fact that it is a neighbor of Costa Rica,
taken altogether afford a significant hint for the latter Republic
to put itself in a similar position to that of Pana/ma.

On the part of the Republics of Venezuela and Bcuador there
is a declared tendency to unite themselves with New Granada
for the purpose of reorganizing the Republic of Colombia upon
the federal plan, and doubtless the idea will be carried into effect,
because it is the only means we have for saving our Republics
and our race; but there are circumstances of a transitory char-
acter which interfere with the idea being carried into execution
at once. This is not a project formed by some small cricle or
some political party, nor are its tendencies in favor of any person
assuming the management, nor for the exclusive advantage of
any one State. This instinct for self preservation, their hopes
and their needs, these have led to this project; it has been brought
about by the same feeling which united the English colonies
of North America in the middle of the last century to fight the
French; the same instinct that later strengthened that union to
become independent of Great Britain, and the same, indeed,
which four years after independence was secured perfected that
union in order to maintain the independence that had been con-
quered and to assure their liberty.

The need of this great work has not been overlooked among
us, but it is unfortunate that no sure means have been selected
for carrying it into effect. At the beginning it was sought to
form a league of nearly all of America by means of the Ameri-
can Congress, but this plan broke down because its own magni-
tude made it unwieldly and because on the part of some govern-
ments there was an interest in its opposition.

A confederation composed of Colombia, Peru and Bolivia,
which the Liberator Bolivar planned and even initiated, was re-
sisted and opposed from its very inception, because its author
did not submit it to the public, and having made use of certain
leaders and not of the people in putting it forward, it seemed
more like a great conspiracy against the republican system than
an honorable political plan.

196

The Peru-Bolivian confederation was presented afterwards
without any plan, or organization, and under a suspicious and
unpopular form.

If, after the attempts which the Spanish American Repub-
lics have made and the costly experiences they have acquired,
without any foreign nations being permitted to take part in their
arrangements, they should become progressively confederated into
great nations, they would soon vindicate the noble and unfortunate
Castilian race from the charge which has been made of having
no aptitude for democratic institutions.

While the Spanish-American people continue divided up into
small Republics, entirely independent one from the other and
without any mutual support, they will lead a precarious exist-
ence; and their nationality, often and with impunity insulted,
will be for them rather a reproach than a reason for pride. As
long as other nations can arbitrarily seize upon their rights and
dictate in the disagreements that arise the conditions for recon-
ciliation, using threats and force for that purpose, it can not be
said that they are enjoying a true sovereignty; and whilst our
Republics, in order to shield themselves from some evil by which
they are threatened on the part of some powerful government,
instead of making their own rights respected, use the interests
of the stronger nation to obtain protection, they can not be said
to be really independent.

It is hardly credible that such States last as long as they do.
Probably, if they do not peacefully unite to form larger bodies
under a federal system, they will in the course of time be con-
quered by other nations, or within their own midst bold and
ambitious gangs will rise above the rest, and after bloody strug-
gles, fighting among themselves for supremacy, those who are
endowed with a superior genius or those most fortunate will
survive, in order to form such great bodies and organize them
under a system of Government which can properly be called a
democratic one.

Weakness never will be a good argument on the part of a na-
tion in the defense of its rights, and when it will best serve to
continue a timid existence, it is allowed as a favor. For a nation
to fully enjoy the privileges of sovereignty, it is necessary it ful-

197

iill certain conditions, one of the principal ones being that it
shall have force enough to sustain itself in its position, protect
its rights and make itself respected.

As among the nations there is no impartial power which can
do justice with a strong hand, it is needful that it be done by the
party interested. And this is not an impossible condition for
the Spanish- American Republics ; by uniting themselves into large
bodies they will not, it is true, be strong enough to carry on
war upon the territory of other nations, but they will have suf-
ficient to defend themselves upon their own land.

The modern system of federation has solved the problem of
giving to a small State the power of a strong nation, without
depriving it of the independence which it needs in order to gov-
ern itself, and consequently it offers to us the means of solving
our difficulties. I believe that from the start of this negotiation
it is desirable to keep in mind the relations which will be best
for the two Republics hereafter and therefore I have made the
foregoing observations.

The Charge d' Affaires of Costa Rica replied :

I have read with attention the proposal made by the Senor
Plenipotentiary of New Granada. I have followed him carefully
in his statement of the reasons by which he has sought to justify
it.

I will endeavor to reply to them in the best way I can, with
the same candor and frankness with which I shall always expect
to be met on the part of General Herran, with whom I have the
honor to treat ; and in closing I will state the view which I have
formed of his proposal.

Since General Herran, in one of the interviews prior to this
conference, was kind enough to advise me as to the opinon printed
over the signature of the Senator Don Pedro Fernandez Madrid,
stating that this report had been adopted by the Senate of Nezt^
Granada, and taking into consideration the deserved reputation
of Senor Madrid and the influence he exercises upon public opin-
ion and affairs, I did not cherish any expectation of reaching an
equitable arrangement of the boundary question, except through
the contradictions between the admissions and the reasonings

198

of the clever Granadian Senator and the logical incompatibility
of the conclusions with the statements of the report. A person
of so much learning and of such exalted views as Senor Madrid
could not have done less than recognise the facts I have just
stated, nor do I think the honest and learned opinion of the Senor
Plenipotentiary of New Granada is different. Consequently I
have been led to believe that this document is not the ultimatum
of his Government and that I must attribute to special reasons
not only the contradictions of the report but also the manner in
which it was communicated to me. I was especially led to hope,
as I do hope, that an equitable arrangement may be reached,
having in view the communications which Senor Herran was
good enough to make to me in Washington, his high personal
character, his learning, his justification and the grand idea of
fraternity and union between the Spanish- American peoples, in
order to preserve their existence and prepare them for a happy
future, which I have no doubt will always be the motive for the
diplomatic acts of General Herran.

The proposition of the New Granadian Plenipotentiary does
not reach even to the points to which the resolution contained
in the opinion of Senor Madrid extended, and designates with
but little difference the same line that Sefior Paredes traced
upon the map which is found at the end of his Memorial. I
do not doubt, therefore, the sincerity or the spirit with which
Senor Herran declares he has studied the question; but keenly
feel the opposition to the pleasing hopes that I do not wish to give
up, and I regret to state that my profound convictions with re-
spect to the value of the titles alleged by each party and the method
of discussion as to mutual convenience are opposed to those
which Senor Herran has expressed.

The great title which, in default of others. New Granada has
alleged and presented as legitimate, sufficient and clear and sub-
sisting, to give it dominion over the whole coast of the Atlantic
belonging to Costa Rica and Nicaragua — the Royal Order issued
at San Lorenzo November 30, 1803 — had for its object merely
the defense of the coast, at times entrusted to the Naval Station
at Havana and at other times to that of Ca/rtagena, and it would
give to New Granada, as Seiior Madrid frankly says, an onerous

199

right to protect the coast but did not introduce any change in
the Hmits of the Viceroyalty, properly so-called ; defective in its
origin, it could not nor can it produce any effect whatever. It
was always resisted legitimately by the Captain-General of Guate-
mala, as will be proved by trustworthy documents, by the Federa-
tion of Central America and by the State and Republic of Costa
Rica., as appears by repeated acts and official publications and
from the diplomatic negotiations which have taken place at dif-
ferent periods. And finally, that Royal Order, in the sense which
seems so clear to Senor Herran, is, to my mind, absurd, null and.
of no value; it has been a continual germ of discord between
fraternal peoples and an insuperable hindrance towards the ar-
ranging and strengthening of those ties which for them are to
be desired.

In a matter so hackneyed as the present one, I have nothing
new to offer. The reasons upon which I based the convictions*
above expressed are to be found in extenso in the Memorial pub-
lished by my dear brother, the late Don Felipe Molina, as Min-
ister Plenipotentiary of Costa Rica, who was authorized to under-
take the settlement of the boundary question. But I may be per-
mitted to repeat some of them.

The Spanish Royal Orders always showed, not only by the
name but by the object, by the general nature of their provisions,
by their duration and by the proceedings prior to their issue, of
the laws properly so-called, that they had an obligatory character
for all the inhabitants of a kingdom, that they were considered
to be perpetual, that they had their origin in' the respective Coun-
cils and that being headed, "The Kin.g," they were signed br
him, by the Secretary of the respective Council and by some
Minister. The name and form, the want of proceedings and the
object and reason for the Royal Order prove its transitory char-
acter; and that in committing to the Viceroys of the New King-
dom of Granada and to the Comandantes of Cartagena the de-
fense of the coast and the supervision and development of the
small establishments there were within its limits, there was no
intention to nor could it transfer the sovereignty.

Supposing, without however conceding it, that any such intent
could have existed, the R>yal Order would have been wholly

200

without efficacy and impossible of execution for want of any
demarcation of boundaries, indispensable to the character of
^uch a provision, if it was to have the effect, which it never had.

Who took possession in the name of the Viceroy of Santa Fe
and who gave it away in the name of the Captaincy-General of
Guatemala^ This essential formality is the only method of
transferring property between private parties ; I have never seen
it omitted when it was proposed to transfer jurisdiction, even in
the slightest degree. Could it be believed that it was not necessary
in order to transfer the eminent domain, the sovereignty over an
extensive territory?

Let us suppose, in like manner, that it was not invalidated by
any of the defects enumerated and its execution would have been
possible, reasons of eternal justice against which the laws of the
most absolute sovereign become as nothing and are powerless,
would deprive it of all validity. It was clandestine, incompatible
with the exigencies of the peoples interested, the configuration of
the ground and the demarcations set by nature, and it would have
been repugnant to the unquestionable rights acquired from time
immemorial by a people who constituted an entity.

Spanish legislation always recognised the invalidity of such dis-
positions and for this reason they could be legitimately resisted
under the well known formula : "Se obedece, pero no se cumple^*^
(It is yielded to but it is not executed).

The duty and consequent authority, or it may be the right to
defend the coast of Guatemala, imposed by the Royal Order
upon the Viceroyalty of Santa Fe, or more properly upon the
Naval Station of Cartagena, for at that time communication be-
tween those cities was more difficult than it is at the present day
to make a voyage to China, could not have passed to Colombia,
nor to New Granada, after the emancipation of the two colonies
as free nations, sovereign and independent in themselves. Aside
from this authority, nothing can be deduced from the Royal Order
that appears to be a right, either permanent or transitory; and
so certain is it that it could not be inherited that the Republic
of Colombia recognised the necessity for the consent of Central
America, as it was fixed in the Treaty of 1825, to continue to
look after the defense of that coast.

t

201

Passing from the question of the intrinsic value which the Royal
Order mentioned may have, which I stopped to consider, because
upon the meaning given to it depends almost entirely the result
of the negotiation, I will briefly consider the assertions and the
proofs Senor Herran has submitted in favor of his proposition.

In the first place he says that this does not give to New Gra-
nada any more territory than it now actually holds. It has been
stated positively on the part of Costa Rica that New Granada
was never in possession of the territories in question prior to the
Royal Order, nor after 1810, the period to which the uti possidetis
referred, nor down to the year 1825, when the treaty was cele-
brated between Colombia and Central America; and I have never
seen any proof that could destroy this possession of Costa Rica.
Whenever it is presented it must be received at its true value.

It appears that in more recent times New Granada established
*a small garrison at Boca Toro and that a little hamlet of New
Granadians was formed ; but the title failing, as it does fail, and
the question of boundaries being pending, this occupation is not
possession, but it was an act in contravention to the Treaty of
1825 and an act of violence contrary to the rights of Costa Rica,
which could not help the cause of New Granada.

I do not understand that any value can be given, in the ques-
tion we are now discussing, to the incident the Seiior Plenipo-
tentiary says took place in the year 1825 between the British
negotiators and those of the Republic of Colombia. With re-
spect to the pretended recognition made in the year 1848, in the
name of the British Government, I refer to what has been stated
on behalf of Costa Rica and confine myself to observing that the
expressions used by Sefior Herran differ very greatly from those
which were employed by the English Minister; that the fact is
a very significant one that Great Britain and the United States
carried on negotiations concerning the Mosquito question with-
out paying any attention to the rights alleged by New Granada,
although it might have declared its willingness to cede them;
but even admitting that it happened as claimed, still it could not
prejudice Costa Rica.

Permit me to call attention here to the fact that the most
competent authority to determine the value the Royal Order of
1803 could have had or may have is the Government of His

202.

Catholic Majesty by which it was issued,^ ^ and that the latter
recognised the independence of Costa Rica and its sovereignty
over the whole of the America territory situated between the
Atlantic and the Pacific oceans, with its adjacent islands pre-
viously known under the denomination of the Province of Costa
Rica, now the Republic of the same name.

The end indicated in the proposal for the division line, towards
the centre of Duke Gulfi, is based upon a concession called
indulto^^ (amnesty or privilege), made by the King of Spain
to the inhabitants of the Province of Veraguas; and upon the
assertion that the last Viceroys of Santa Fe exercised jurisdic-
tion as far as there, and that the settlers located themselves as
inhabitants of said province or of that of C/wngwf after the lat-
ter was created, by reason of which they were and are in pos-
session of the lands induitodas (i. e., granted under such priv-
ilege). Without any knowledge of the concession, nor any proof
of the possession. New Granada can not be conceded to have a
title to lands always held by Costa Rica and indisputably be-
longing to the latter. But allowing the concession to Veraguas
and the settlement of the New Granadians, these would in no way
change the jurisdiction of the independent States as betweea
themselves.

Not having before me the protocols corresponding to the
Treaty of 1825, I am unable to settle upon the meaning of the
assent asserted by Dr. Herran to have been given by the Plen-
ipotentiary of Central America (of venerated memory for the
speaker), when he was informed directly and specially that
Colombia earnestly believed that its limits upon the Pacific coast
reached to the centre of Dulce Gulf, and that it was exercising its
dominion as far as there and would continue exercising it as long
as no boundary treaty was celebrated; but I venture to assert
that such assent could not and ought not to have been given ex-

"The Spanish Government abrogated this Royal Order of 1803 by-
several later Royal Orders and in particular by that of March 31, 1808,
by the Decree of the Cortes of 1811 and the Royal Cedulas of May 18,
1818. M. M. P.

" There is no evidence of any such concession, while many documents
prove that the frontier of Costa Rica extended to the River Chiriqui-Viejo
and embraced Punta Burica. M. M. P.

203

cept under the condition that it should be made certain the Re-
public of Colombia was exercising its dominion as far as the
place indicated, without determining this question, but leaving it
subject, as it evidently did, to the boundary treaty.

Having demonstrated the invalidity of the Royal Order of
1803 to transfer to New Granada the dominion claimed by the
latter and taking up and discussing the title alleged with regard
to the Pacific coast the time appears to have come to record the
titles of Costa Rica. Referring to the Memorial of my lamented
brother and to the evidence which I have in my possession I will
briefly enumerate those titles.

The first, the Royal Cedula of November 29, 1540, creating
the Government of Costa Rica, in favor of Diego Gutierrez, em-
bracing the bay of Boca Toro with all its islands and bays, bor-
dering on the southern side upon the Province of Veraguas.

In 1574 another title was issued in favor of Diego de Artieda
y Chirinos, designating his frontier as upon the Province of Vera-
guas, exclusive, on the North, and on the South extending to the
valleys of Chiriqui. These points never were changed in fact or
in law, as was demonstrated in the Memorial cited. ^^

I have proved that the law was not set aside merely because the
Royal Order of 1803 was presented in opposition, and it has been
seen moreover that it could not dhange the territorial demarca-
tion. In order to demonstrate that there was a change in fact,
it will be necessary to refer to the gubernatorial and historical
annals, and in referring to these I will look at the proofs of a
similar character mentioned by Sefior Herran.

It may be observed here that the acts of the Viceroys and au-
thorities of the New Kingdom of Granada have no more value
than must be given to like acts of the Captaincy-General and the
authorities of Guatemala, inasmuch as they were independent as
between themselves.

It appears by official papers that for more than two hundred
years the Governors of Costa Rica exercised their authority over
the islands and the continent of Boca Toro; that they undertook
in the year 1601 the conquest of Talamanca and founded the city
of Concepcion upon the banks of the River Bstrella, one of those

"The titles here mentioned by Seiior Molina were the most important
and decisive ones known in 1855. M. M. P.

204

which emptied into the bay that is now called the Lagoon of
Chiriqui.^"^

In the Memorial sent to the King by the Governor Salinas de
la Cerda in 1652, the borders upon Veraguas were marked by
the Island of the Bscudo and the prairies of Chiriqui.

The Marquis de Talamanca took possession of the bays and
the islands of Boca Toro, subjecting the Indians who inhabited
them in 1659 and afterwards reduced the tribes on the continent
and founded many settlements.

In 1719, Governor del Haya, in a report which he addressed
to the Court, stated that the bays of Boca Toro and of Almirante
were upon the coast of Talamanca.

The Governor Granda y Balbin undertook the reconquest of
Talamanca and other rebellious tribes and gave an account of
the efforts he had made toward the subjection of the Indians of
the Island of Tojar, which is th*e one called Colon, and also
those of Boca Toro.

Finally, the Missions of Talamanca always belonged to the
Captaincy-General of Guatemala and they worked in accord and
under the authority of the Governors of Costa Rica. In an ac-
count sent to the King in 1763 by the Missionary Fathers, it
appears that Talamanca belonged to the Captaincy-General of
Guatemala, and also the Island of Tojar; and it was stated that in
1747 and 1749 the Governor of Costa Rica made an entry to
subject the Indians by force.

This is a summary of the titles of Costa Rica. The Royal
Cedulas issued in favor of the first Governors were printed in
the Memorial cited, and the official papers in which appear the
acts of jurisdiction exercised by the authorities of Costa Rica
over the territory in question may be compared with those of
a similar character which the Minister of New Granada has been
pleased to exhibit, provided such a comparison shall be deemed
useful.

'*The data relating to the conquest of Talamanca and the city of Con-
cepcion are incorrect. See Perai,ta: Costa Rica, Nicaragua y Panamd,
p. 679 et sequ.

Costa Rica y Colombia, p. 1.

Leon Fernandez: Coleccion de documentos pera la historia de Costa
Rica; (Collection of documents for the History of Costa Rica).
Vol. IV, p. 116; see Vol. V, p. 116. M. M. P.

205

As to the explanatory testimony of the geographers, I will
only say that many and very respectable references can be pro-
duced in favor of Costa Rica; but I do not think they have been
actually examined and compared, in order to weed out the con-
tradictions and those who have simply copied one from the other,
until it may be agreed what evidence submitted is not sufficient.
Let it be observed, that all, with but a single exception, have dis-
regarded the Royal Order of San Lorenzo, since none have given
to Colombia, nor to New Granada, the coast claimed by either of
them.

Before passing to consider the reasons as to convenience set
forth by Sefior Herran, I will only call his attention to the situa-
tion of the settlements of Boruca and Terraha, lying in front of
the centre of Dulce Gulf, and to the existence of the other Costa
Rican village called "Golfo Dulce," situated, as I understand,
upon the shore of that bay.

l^he great desirability of fixing the boundaries between Costa
Rica and Nezu Granada has been at all times primarily recognised
on the part of the former Republic. It has always been disposed
to make sacrifices and to adopt the means that might lead to the
desired end. The same could be said respecting the interest which
both Republics have in fixing and binding closer the fraternal
relations which they should hold. But, why insist upon points
as to which there is no controversy and as to which I have the
honor to be entirely in accord with the views of Sefior Herran?
As soon as the boundary matter is arranged other treaties will
be taken up and it will be seen then that Costa Rica is no less
liberal than New Granada in suggesting the advantages which it
is desirable should be reciprocally granted.

Costa Rica has never made of this question a point of honor;
it maintains it because it believes in its justice and the question
has a vital interest for it, which it does not have for New Granada.

Under such a supposition, if there are in this Republic any
who have viewed the matter from this wrong standpoint, it would
be well for them to heed the just reflections of Sefior Herran,
and let them note that it is not the ceding but the demanding of
too much which will entail dishonor upon New Granada, on ac-
count of the disproportion existing in its favor in material
strength.

206

The Sefior Envoy Extraordinary has depicted the hypothesis
of there being no title in favor of either of the interested parties,
so that he might examine the proposition with respect to their
common convenience ; and he concludes that the proposed division
is the most desirable one. In order to follow him in this hy-
pK)thesis I will endeavor to faithfully state his reasoning in a few
words.

If I am not mistaken it is as follows:

Our coasts are in danger of being seized by piratical expedi-
tions, or it may be by modern filibusters or' by force on the part
of maritime Powers.

New Granada has the power and the resources needful to de-
fend, settle and utilize the deserted shores and territories by which
it is separated from Costa Rica. The latter Republic is too
weak as yet to preserve its undisputed shores, which it seems are
conceded to it by New Granada as a favor.

Consequently, it is more convenient for both, in order to dis-
sipate approaching dangers, that New Granada should enjoy as
sovereign all that is of any use upon both coasts, embracing the
whole of the territory in question.

The dangers which have been pointed out by the Sefior Min-
ister are very apparent but I do not see that they are applicable
to the coast in question alone. From Matamoras to the Orinoco,
from the Gulf of Lower California to Cobija, the shores are
defenceless and are threatened because of the natural advantages
they offer to commerce and by reason of their litigious condition
and their proximity to the absorbing race. None of the Spanish-
American States, the principal settlements of which lie in the
interior, are strong enough to protect their shores against the
armed forces of a maritime Power. Nor even against filibuster-
ing expeditions, provided they are covertly favored by some
Power, would they be able to defend distant points of their un-
inhabited coasts. Their national forces are so small, compared
with those of the maritime Powers, that the differences between
themselves disappear entirely in making the comparison. .It is
a bitter thing to say, but it is so evident that it needs no demon-
stration.

The same primitive causes in all of the Spanish American

207

States produced the same sad situation in each. They do not
operate with any less force in New Granada than elsewhere; it
is not hidden from the discernment of Seiior Herran, nor can
they be changed, except slowly, with the lapse of time and by
peace and order. I called them ''primitive," because they had
their origin in the times of the conquest and because they may
be confused with the hetereogenous elements of which the Span-
ish American peoples are composed, scattered at long distances
from each other over the interior of vast territories, presenting
great obstacles to communications.

Our means of defense, it is true, consist almost entirely of
weapons of reason, however impotent they may seem, and in
the balance which the interests of the great Powers tend to
create. In order to employ the former with good success and
maintain the saving balance we need more than anything else
peace and order in the interior a set purpose to do away by de-
grees with the primitive causes of our evils ; a uniformity in dip-
lomatic principles and fraternity between the Spanish American
States, and well calculated relations, carefully and continuously
cultivated with foreign Powers.

The credit and consideration resulting from this conduct will
give to our voices the weight and the harmony they now lack;
and our rights will be respected, even by those Powers which
by abuse and by force have been accustomed to substitute their
own interests for principles of eternal justice, because their im-
perious nature is so strong that everything must bow to them in
the ordinary course of things. Such methods are, moreover
the only sure ones for us to succeed in gaining the strength we
now lack; and they form the basis without which any contribu-
tion would be, if not disastrous, at least of no avail.

Referring to the Memorial so often cited and to what has been
said with respect to the past defense of the coasts made by New
Granada; and with respect to the means for the settlement and
utilization of its undisputed coasts and those that are in ques
I tion ; I confine myself now to begging Senor Herran to fix his
attention upon those that were and now are the maritime estab
lishments of New Granada. They are Panama, the )cey of the
interoceanic Isthmus, and Cartagena, the strongest and most

208

central situation upon its coasts, now scarcely shadows of their
former grandeur.

From these facts it may be deduced that any territorial acqui-
sition which would diminish the resources of the country and
interfere with the development and protection of these most im-
portant stations, would be from every point of view ruinous for
New Granada.

The portion of the coast which the Seiior Plenipotentiary says
is to go, under his proposal, to Costa Rica, is defended by its
natural characteristics; covered with swamps, shelterless and
unhealthy, it would be a grave for the adventures who might
undertake to locate upon it. Those who threaten it are powerless
and their clamor is rather an allurement for speculation than a
real danger. As long as Costa Rica can dispose of nothing but
these deadly and open coasts, they will serve as a barrier between
its settlements and those of New Grafiada; and if Costa Rica is
excluded as Senor Herran proposes, from the places where it
would be able to bring itself into contact with them, its popula-
tion will very decidedly tend toward the port of San Juan del
Norte.

The anarchy that prevails in Nicaragtia through the interven-
tion of filibusters is certainly a serious danger. It is to be ex-
pected, however, that order and the national cause will be victor-
ious in that State. Costa Rica is a small Republic, but made up
of a homogenous population, in which the white race, intelligent,
industrious and enterprising, has no counterfoil. Its inhabitants
occupy a central position and they are grouped within a small dis-
trict, and with the exception of a few days they have enjoyed
uninterrupted peace and good order since the period of their in-
dependence. Thanks to these propitious circumstances the coun-
try has been enabled to go a long way on the road of progress,
while other nations of Spanish America cannot boast of having
accomplished so much. Since the independence of this part of
the country was attained the population of Costa Rica has
doubled ; its revenues have grown a hundred fold without bur-
dening the people, and after having paid its debt it has accumu-
lated a surplus. Its organized militia numbers more than 7,000
men; and besides it is incessantly striving to improve its ports
and its roads.

209

This progressive movement, it must be said, has made the
greatest advance since Costa Rica became an independent State,
in which character it has made treaties with the principal Powers
of Europe and has acquired the good name and the credit which
it enjoys. Its good judgment makes no concealment of its weak-
ness; but it is prepared and has the consciousness of its ability
to repel the attempts of unauthorized adventurers and by de-
grees to colonize the territory which it claims under the convic-
tion that it will know how to preserve it.^^

From all that has been said the reasoning of Senor Herran
could be turned in favor of Costa Rica; but I do not think it is
correct in itself nor legitimate in its conclusions. It is not cor-
rect, aside from the facts alleged, because upon the hypothesis
of the non-existence of any titles, there is wanting even the
slightest shadow of a pretext for disputing Costa Rica's posses-
sion of the Atlantic coast, the natural continuation of the terri-
tories it holds in the interior, but placed in question by continual
argumentation and which would be the part ceded to Costa Rica.
The premises being destroyed, the conclusions can not be main-
tained; but independently of this, I have said the conclusions
were not legitimate, because the natural and just thing to do
would be to divide equally the thing in question, and there should
be nothing to control the division between two brothers except
the consideration of the needs of each and the intrinsic value of
the thing, reserving agreement as to the means of defending it
by common accord.

On previous occasions I have had the honor to state to Seiior
Herran my apprehensions as to the establishment of the State of
Panama.

It was founded in ignorance of -the colored race which makes
up the great majority of the population of the Isthmus; lacking
capable men and other elements needed to constitute a State,
and under the peculiar circumstances surrounding that territory.
The combination seems to be quite a new one. The ties connect-
ing it with the central government were severed, and while the

"The facts have justified the prophetic words of Senor Molina. Costa
Rica knew how to repel the attempts of the filibusters, it took the initia-
tive for the common defense and contributed very largely to their ex-
pulsion from the territory of Nicaragua in 1856 and 1857. M. M. P.

210

principal things constituting the federal system were reserved,
it still lacks balance between the component parts, in order for
it to bear that name. Not only is the combination anomalous in
theory, but it is also in practice, and it will have to be converted
into a protectorate or else absolutely emancipated. The condition
of Panama will be that of a State that is weak, poor and badly
administered, under the protection and at the mercy of the rest
of New Granada, if it should have the strength to protect and
conserve it for itself. But if, as I have heard it said, some ex-
cusing and others censuring New Granada, the establishment of
the State had become indispensable on account of the lack of
cohesion between the populations of the Isthmus and the rest of
the Republic, separated by vast uninhabited regions not yet pene-
trated by man, by the«scarcity, the irregularity and insufficiency
of communication by sea, on account of the lack of a marine and
commercial relations and by the enormous distance of Bogota
from Panama, it is probable the combination will be converted
into the absolute independence of the Isthmus, forming a Re-
public which will not be a Spanish American one.

Please God these apprehensions may not be realized and that
the great project of reorganizing the Republic of Colombia may
be effected with the judgment, care and prudence which are
requisite if it is to endure ! Costa Rica will always regard with
interest the progress of its brother peoples, with earnest wishes
that they may find and follow the way to prosperity.

But I see in this project another dangerous experiment, be-
cause it begins by separating parts that should be united; for I
conceive peoples not as such soft substance that they can be
moulded and remodeled at will. This is because it has always
seemed to me that the federation was the most complicated sys-
tem of government, the most costly and one requiring the most
enlightenment among the masses and a greater number of public
men, and because I have in mind the evils which develop under
this system as seen in Mexico, Central America and La Plata.

I do not know what opinion the Government and the public in
Costa Rica will form regarding the change decreed and the
reorganization which is projected. I have stated my ideas with
the frankness which is due between brother peoples and I have
touched upon these serious and delicate points in consideration

211

of the suggestions offered by General Herran and upon my own
personal responsibility. I know the fraternal sentiments and dis-
position of Costa Rica toward the Spanish American peoples in
general and New Granada in particular, and I think that to make
them effective and bring together the two Republics it is of the
gravest importance to conclude the boundary treaty as au act of
justice or equity and :onvenience, independent and antecedent.
Unless this is done, it will be very difficult to hereafter make
treaties uniting the two Republics as closely as prudence, the
distances and their character and commerce now permit. We
look for the time when both countries shall have given positive
proofs of their fraternal sentiments, when commercial interests
of considerable importance will arise between them, when their
relations will be frequent and easy and when the destiny of the
other States of Central America shall have been fixed, as the only
opportunity for planning other projects.

From all that has been said I deduce the following conclu-
sions :

(1) That the proposal tends to deprive Costa Rica of domin-
ion over all the disputed territories, solely by reason of the Royal
Order of 1803, the invdidity of which I believe I have made
clear, in the sense given to it by New Granada.

(2) That said proposal is neither convenient nor equitable,
not even supposing an absolute lack of titles on behalf of each
of the parties.

(3) That up to this time Costa Rica alone has submitted titles,
and, in accordance with them, it is right that it have recognised
as the division line the one traced upon the map appended to the
Memorial of the late Minister, Don Felipe Molina, running be-
tween the Island of the Bscudo de Veragiia and Punta Burica.

Lastly, if (to reach a conclusion) the determination must be
according to legal titles, I submit as a counter-proposition, the
acceptance of the line just indicated.

But guided by the sentiments of fraternity, so earnestly and
positively declared in Costa Rica, convinced that the settlement
would be more fruitful in benefits resulting to both countries if
it should be reached in a direct arrangement, in which reasons of
equity and reciprocal convenience should prevail, and desirous
of not losing time, I propose, assuming a grave personal respon-

212

sibility, that, taking the fact that the extreme claims of New
Granada reach to the Hne proposed by the Sehor Plenipotentiary
and those of Costa Rica to the one which I beheve to be just, the
territory lying between them shall be divided into two equal por-
tions by another line, which shall be the boundary definitively
agreed upon, having it run so far as possible by points that are
well marked by their natural character.

Remembering the intimation which I gave to General Herran,
during the visit which he kindly paid me in Washington, which
was none other than that his proposal had long ago been re-
jected, and feeling that, there having been no change in the con-
victions entertained by Costa Rica, and no document having been
presented or mentioned that could change them, the present nego-
tiation undertaken by Neiv Granada was entirely inofficious.
Unless there was an intention to make a substantial change in his
proposal, I can only hope that the truly fraternal barglkin which
I suggest will be duly considered and that the suggestion will
lead to the end desired.

If, contrary to my hopes, it shall be thrown aside, no other
recourse will be left except to resort to the judgment of a third
party, as has previously been suggested. Costa Rica will always
be ready to adopt any means for arriving at an equitable settle-
ment. It is aware of the increasing dangers incident to the terri-
tory in its present situation. It sees no other obstacle in the way
of meeting • A^ew Grajtada and cementing its relations with the
latter ; and it seeks to remove by such an arrangement the dangers
and obstacles, principally by connecting the two countries by in-
destructible bonds of fraternity and friendship.

Legation of Costa Rica, in the United States of America.

New York, October 24, 1855.

Conference of the 25th Day of October, 1855.

The Plenipotentiaries of New Granada and Costa Rica having
again met on the 25th day of October, for the purpose of con-
tinuing the discussion of the settlement of boundaries, begun on
the 3rd instant. General Herran said :

When I invited the Government of Costa Rica, in the name
of New Granada, to a negotiation of the public treaties we are

213

discussing, I was inspired by the hope that much progress had
already been made upon the boundary question, my Government
considering it was reduced to an adjustment between the pro-
posals which were recently submitted by the Plenipotentiaries of
each Republic.

Seiior Victoriano de D. Paredes, who was Plenipotentiary on
behalf of New Granada in the negotiation as to boundaries, stated
to my Government, in an official note dated March 14, 1853, that
Senor Don Felipe Molina, Plenipotentiary of Costa Rica, had
made to him the following proposal :

That the line of demarcation be fixed at Cape Burica upon the
Pacific side, and at the River Horaces or that of Culebras upon
the Atlantic, on condition that the right of transit be conceded to
Costa Rica, without any charge of any sort, to enter and depart
freely at any port of the Bay of Almirante or upon the coast
which intervenes between that bay and the River Horaces.

Senor Paredes did not deem himself authorized to accept this
proposal, and insisted upon the one he had made, marking the
division line from the River Horaces or Culebras to the heart of
Dulce Gulf. Being, as I am now, persuaded that the boundary
plan by him proposed was founded upon the rights of New Gra-
nada and in harmony with equitable principles, and there being
the precedent of the proposal made by the clever and intelligent
negotiator of Costa Rica, I do not see how I could answer to New
Granada if I were to agree to the counter-proposal submitted to
me by Senor Molina.

In our previous conference I presented a summary of the
legitimate titles and the reasons upon which New Granada based
its rights and the acts which showed the exercise of those rights,
continued for a long time; and I considered at length the Royal
Cedula of November 30, 1803, the main object being to demon-
strate that the renunciation proposed by New Granada of the
right given to it by that Cedula was a concession made by it in
order to obtain an equitable settlement; but by so doing I did not
wish it to be understood that this Republic relied upon it solely
for the right which it holds to the territory embraced within the
limits proposed by me. The old titles submitted by Costa Rica,
beside being uncertain and obscure, as it is natural they should
be, having been issued during an epoch when the cartographical

214

knowledge of the territory in question was very imperfect, were
reformed and amended from time to time by the King of Spain.
The object of those acts was not to mark out provinces which
were scarcely planned ; the purpose of those titles was to conquer
the country, as it was stated in them, and to preserve it subject
to Spain. Only in this way can the fact be explained that the
Province of Chiriqui does not belong to Costa Rica at the present
day, and it was only by virtue of such reforms and amendments
that since the last century the Viceroys of Santa Pe exercised
authority over the Bay of Almirante, its shores and islands and
over a part of the coast to the West of it, as appears by the
accounts of the rule of the last Viceroys and the reports of the
officials of the Royal Armada, which maintained the authority
of the Viceroy upon those coasts. So, therefore, from a time
prior to that when the Royal Cedula was communicated, the Gra-
nadian territory already reached the limits I have proposed. ^^

But not on this account will I refrain from replying to the
observations which the Senor Plenipotentiary makes in contra-
vention to the significance and validity of the said Cedula. He
says that in committing to the Viceroys of the New Kingdom of
Granada and to the Comandantes of Cartagena the defense of
the coast and the supervision and development of the small estab-
lishments which there were upon it, the intention was not, nor
could it have been, to transfer the sovereignty. In order to give
this meaning to the Cedula it would be necessary to add to it
something so as to express it ; that is to say, it would have to be
modified, and if that were f)ermissible the documents would be
of no use. The words made use of in the Cedula, ''* * *
shall be segregated from the Captaincy-General of Guatemala
and he dependent upon the Viceroyalty," * * * are so clear
and so precise that they do not admit of interpretation.

" The notorious errors upon which the assertions of Senor Herran were
based have disappeared in the face of all the documents published by
Costa Rica. Moreover, the Royal Order of San I^orenzo of 1803, being
null and of no value by the express, reiterated and solemn will of the
Sovereign, it is only as documents explanatory of the views of the Gov-
ernment of New Granada that those acts have been inserted. The Royal
Orders, Cedulas or Decrees issued from 1804 to 1810 or 1820 by the
Spanish Government ought not to have for Colombia less value than that
attributed by Senor Herran to the Order of San Lorenzo, which he per-
sists in calling a Royal Cedula. M. M. P.

215

The Cedula did not transfer sovereignty, since it was repre-
sented only in the person of the King; and its text was not a
command for the subjects of the Crown in general nor for those
of a Kingdom, but for the Viceroy of Santa Pe and for the Cap-
tain-General of Guatemala. The phraseology of this Cedula
is that which was customary to use for similar acts which did
not have the importance of pragmatics or Royal Decrees, and
even these were not always signed by the King, since some were
rubricados (signed with a peculiar mark or flourish, without
writing the name), and others were signed by the Minister alone.
The procedure observed in communicating the Cedula or Royal
Order was also that usually employed and there was no reason
for doubt of its authenticity.

The opposition which the Captain-General sought to make
against the enforcement of said Cedula is a proof that its purpose
was not merely to impose upon the Viceroy of Santa Pe the duty
of defending the Coast of Mosquitos, but to segregate it com-.
pletely from the Captaincy-General, because it may be supposed
that his opposition arose to the abridgement of the Captaincy-
General and not to the means taken by the King in granting
dominion over the Coast of Mosquitos. But whatever may have
been the motive for his resistance, it had no effect upon the
validity of the Cedula, nor did it prevent its being carried into
execution. The significance of the formula, Se ohedece pero no
se cumplc (It is yielded to but it is not executed), alluded to by
Senor Molina, was to ask for the revocation of a superior order,
though recognising meanwhile the obligation to obey it.^^

Sefior Molina considers the occupation of the territory of
Bocas del Toro as contrary to the Treaty of 1825 and an act of
violence against the rights of Costa Rica. If Colombia or New
Granada had agreed that such territory did belong to Costa Rica,
I would have nothing to say; but the fact being quite the con-
trary there is no reason for qualifying as an act of violence the
legitimate use made by New Granada of the right and the obliga
tion it had to utilize its own territory.

" The Royal Order of San Lorenzo was not carried into effect upon the
Coast of Mosquitos, and scarcely upon the Island of San Andres. The
impotence of the Viceroy of Santa Fe to protect that island was made
clear in 1806, when it was occupied by the English. M. M. P.

216

By Art. 9 of the Treaty of 1825 Colombia and Central America
obligated themselves to employ their maritime and land forces
to prevent unauthorized adventurers from locating colonization
establishments upon the Coast of Mosquitos from Cape Gracias
a Dios to the River Chagres, because both parties had an interest
in not permitting the residence there of such dangerous inhabi-
tants ; but they did not consider the coast mentioned as undivided,
nor was it the understanding that it should be, but rather they
required that in order to found establishments upon those coasts
permission should be obtained from the Government to which it
belonged in dominion and ownership. No more than one Gov-
ernment was spoken of, nor were the dubious words corre span-
dan or correspondieren (they may belong or they should belong)
used ; that is to say, the language used was in the sense that the
whole of that coast belonged to one of the two Republics. Would
Colombia have permitted a large part of the coast of Panama
along the Atlantic and the whole of Veraguas to be considered
as that of the other Republic, or would it have agreed that there
was a doubt as to whether these coasts did belong to it or not?
And which was the Government that took charge of granting the
permissions spoken of in the Article cited and of the establish-
ment of rules for trade with the Coast of Mosquitos? Colom-
hia, — ^without the Republic of Central America taking any part in
it. It was so left, therefore, understood by both parties, and the
stipulations of the Article carried out by Colombia.

The Senor Plenipotentiary of Costa Rica, making allusion to
the recognition by Great Britain of the right of New Granada
over a part of the territory of Mosquitos, referred to in the
previous meeting, says that my expressions "* * * differ very
greatly from those which were employed by the English Min-
ister," * * * ^^^ ^g ^i^jg assertion involves the imputation of
a lack of veracity, I cannot pass it by in silence. What I said
was : .

"* * * and even then it (Great Britain) did not abso-
lutely disregard the rights of New Granada, as it finally de-
clared on the 4th of May, 1848, that it had recommended to the
Mosquito King that he should confine his claim on the South side
to the eastern branch of the River San Juan, with the express
purpose of reaching an agreement with New Granada."

217

I said this, following the sense of the words which the British
Minister used, without an insertion of them verbatim; and so
that Senor Molina may now compare my words with those which
were used by the British Minister, I present to him an authentic
copy which I have in my possession of the communication ad-
dressed by the said Minister, under date of May 4th, to the Min-
ister Plenipotentiary of New Granada near the British Govern-
ment, in which Lord Palmerston said:

"Her Majesty's Government have recommended the Mosquito
Government to confine its claim in a southerly direction to the
southern branch of the River St. John; and one main reason
with Her Majesty's Government for giving that recommendation,
was, that thereby all dispute between Mosquito and New Granada
would, as they trusted, be avoided."

I trust that Senor Molina will be convinced that my citation
was a faithful and accurate one.

As Seiior Molina says that he did not have before him the
protocol corresponding to the Treaty of 1825, I present to him an
authentic copy of it which is filed in the archives of the old
Secretaryship of Foreign Relations of Colombia, which is pre-
served in Bogota in the care of the Government of New Granada,
for the satisfaction of Senor Molina and that it may be inserted in
the proceedings of this conference.

I submit, also, for the same purpose, a note from the Secretary
of Foreign Relations of Colombia addressed to the Minister Pleni-
potentiary of Central America.

The document and communication, of which authentic copies
were presented by the Plenipotentiary of New Granada, are as
follows :

To the Honorable Pedro Molina, Envoy Extraordinary and
Minister Plenipotentiary of the United Provinces of Central
America, etc.

March 11, 1825.
Sir:

I have the honor to send to you herewith a certified copy of the
original Spanish Cedula, of which we spoke yesterday, and the
Gacetas (official publications), Nos. 145 and 157, containing
the Decree of the Executive prohibiting the colonization by un-

218

authorized adventures upon the unimproved coasts of Colombia,
especially that of Mosquitos, and my response to the Admiral
of Jamaica, who claimed that traffic upon the petition and in the
name of the traders and underwriters of Kingston.

By this last communication, to the tenor of which the British
Government has up to the present time consented, Colombia is
not only in possession of the sovereignty and high dominion over
said coasts, but practically of the trade and regulations under
which it is carried on with its residents by our citizens and for-
eigners.

I forward this data to you on account of the importance it may
have upon the course of the negotiations we have pending.

With sentiments of perfect consideration, I have the honor to
repeat to you that I am your very attentive and obedient servant,

Pedro Guai^.
A faithful copy :
LLeras.

(Here a copy of the Extract from the Minutes of the Verbal
Conference between Sefiores Molina and Gual on March 4, 1825.)

The Plenipotentiary of Nezv Granada continued saying:
"It is to be noted that while it appears in the minutes of the
conference of March 4th that the Plenipotentiary of Central
/4mmca acquiesced in the observations of the Secretary of For-
eign Relations of Colombia, it does not appear in the minutes of
any of the conferences held to make the treaty with Central Amer-
ica, nor in the communications of the Plenipotentiary of this
Republic, that any objection whatever was made against the
validity and force of the Cedula of 1803, not even a word indicat-
ing a doubt concerning it.^^ Neither did the Plenipotentiary of
Central America make any observations concerning the dominion
which Colombia was exercising upon the Coast of Mosquitos,
throughout its whole extent, so that, there can be no doubt, it
was in this sense that Article 9 of the treaty was drafted. New

'• The Plenipotentiary of Central America had no knowledge of the
pretensions Colombia based upon the Royal Order of 1803, and as the
very protocol itself declares he left Guatemala unprovided with instruc-
tions upon this point. M. M. P.

219

Granada has a right to expect that Costa Rica will concur now in
these authentic facts, all the more when it can be said that New
Granada maintains the Cedula in order to renounce the rights
whidh it gives, in favor of Costa Rica, in virtue of a compensation
which is not a burdensome one upon the latter Republic.

The fact that the Spanish Government recognised the inde-
pendence of Costa Rica does not confer upon the latter Republic
any right to hold any part of the territory which belonged to New
Granada in 1810, and Spain itself has admitted this principle,
refusing to fix the boundaries by which the neighboring Repub-
lics, which had negotiated for such recognition sought to mark
out their frontiers upon New Granada.

Sefior Molina deems the fact of some significance that Great
Britain and the United States had conducted negotiations con-
cerning the Mosquito question without taking into account the
rights alleged by Nezv Granada. The significance of this is that
both Governments knew that New Granada did not pretend to
occupy the portion of the coast which extended to the North
of the River Colorado ; and that the British Government main-
tained that the portion of the coast last mentioned never was
under the dominion of the King of Spain, which in no way favors
the rights of Costa Rica, and if those Governments did not allege
that the part of the coast it claimed to the South of the River
Colorado should be adjudicated to the latter Republic, it was
out of consideration for the rights of New Granada. Of the two
conventions in which Great Britain and the United States en-
deavored to arrange the Mosquito question, the first one was
celebrated in 1850. In this one the Coast of Mosquitos was
spoken of as not belonging to Nicaragua, nor to Costa Rica, since
in making mention of the region with regard to which the agree-
ment had relation reference was made separately to Nicaragua,
to Costa Rica and to the Coast of Mosquitos, ^^ both Govern-

'* "Or other part of Central America!' adds Art. I, of the Clayton-Bul-
wer Treaty, to which Sefior Herran refers. If the Coast of Mosquitos
had belonged to New Granada the Article cited would have said, "* * *
or other part of New Granada."

And still further, the Crampton-Webster Treaty, which was the second
one, to which the New Granadian Plenipotentiary alludes, shows that in
the view of the Governments of Great Britain and the United States, the
Coast of Mosquitos belonged to the Central American Confederation or to
Nicaragua, and no mention is made of New Granada. M. M. P.

220

ments agreeing not to erect, nor to maintain fortifications there,
nor to occupy or to colonize those countries. The second con-
vention, celebrated in 1852, proceeded upon the understanding
that Costa Rica had no right to any part of the Coast South of
the River Colorado, since in discussing the settlement of the
Mosquito question it would have designated as the point of de-
parture for its southern boundary King Buppan and not the
mouth of the River Colorado.^^

The Memorial published by the honored .Minister of Costa
Rica, Don Felipe Molina, has been read and examined by me
with all the more care because I was cognisant of the activity
and the praiseworthy perseverance with which its author sought
for documents which would favor the claims of Costa Rica, and
I admired and do admire his talents 'and patriotism. But- still
I have not attempted to go into the details of the reasons and
the arguments contained in that Memorial, to which the Senor
Plenipotentiary of Costa Rica refers, because it seemed to me
that Senor Victoriano Paredes, my predecessor, had answered
them all satisfactorily.

The first time that I had the honor to see the Senor Plenipo-
tentiary of Costa Rica in Washington, I intimated to him the
hope that we should conclude the settlement as to boundaries, and
I so expressed myself because I was under the persuasion that
Costa Rica having suggested the River Culebras or Horaces
should be fixed as a boundary upon the Atlantic coast, with the
condition that a right of transit should be conceded without any
charge being made at any port, and being disposed to accede to
that condition as it had been suggested, there remained nothing
else except the fixing of the point upon the Pacific, which seemed
to me an easy matter."

The Charge d'Aflfaires of Costa Rica stated in response as
follows :

"It is with true regret that I now see vanish the hopes that
I had cherished, of ending the wretched question as to boundaries

^'In the view of the English Government, or at least of its representa-
tive in Central America, Mr. Chatfield, the limits of Costa Rica extended
as far as the Bscudo de Veragua and the River Chiriqui (the old River
Culehra). M. M. P.

221

pending between Costa Rica and N'ezv Granada by an equitable
bargain which I should have taken great pleasure in signing with
Senor General Herran. But at the same time, while 1 take
pleasure in stating my belief that we have upon both sides
brought to the negotiation the same purity of intention, the same
sincerity, good faith and identical race interests, still I can not
fail to recognise that the ideas of Senor Herran, Plenipotentiary
of New Granada, and myself, even though starting from the same
principles and directed toward the same objects, are leading us
in different directions and to opposite conclusions, or at least
to very distant ones.

I observe in each conference, far from getting nearer to the
end desired, we are getting farther away from each other, until
we get to giving an opposed meaning to the simplest phrases and
even to the most common words. I observe also with pain that
in the present conference the question is taking a very personal
aspect as regards myself, inasmuch as by a rare combination of
circumstances I find myself under the necessity of explaining
and defending acts of persons who no longer exist and whose
memory I guard religiously with affectionate veneration, and at
the same time I have to explain my own expressions, which I
would retract with pleasure if they were to imply, contrary to my
wish, any charge of deceit or intentional inaccuracy against the
Senor General Herran.

I will not evade such explanations, which, happily, I will find
easy, but I propose in this contra-replica to be brief and to the
point, so as not to follow around indefinitely the vicious circle,
on my part, in which this long drawn out matter has become
involved. The same arguments must receive the same replies,
replicas and contra-replicas. I have no doubt the Senor Minister
Plenipotentiary of New Granada, fully advised of what has gone
before, and especially of each and every one of the facts occur-
ring between our predecessors, recognises the truth of this ; and
that he will be able to bring to mind anew the communication
which on May — , 1853, the Plenipotentiary of Costa Rica ad-
dressed to that of Nezu Granada, giving a complete history of
the negotiations. In that communication it is to be noted that
no mention was made of the so-called proposition of the Minister
of Costa Rica, forwarded by Seiior Paredes to his Government

222

in a note which Senor Herran desired to have spread verbatim
upon the minutes of this conference, and I desire to have com-
pared with another note by the Senor Plenipotentiary Paredes to
my predecessor, inserting it also in the same manner.

The note produced by the Charge d' Affaires of Costa Rica reads
as follows :

Legation of New Granada in the United States.

New York, May 24, 1853.
Sir:'

It was then that Your Excellency made to me your last propo-
sitions designed to fix as line of demarcation the one which start-
ing from Cape Burica on the Pacific should run to end of the
mouth of the River Doraces or of the Culebras upon the Atlantic,
provided that beside this there should be conceded to Costa Rica
a port upon the Bay of Almirante and free transit in order to
use it.

ViCTORIANO DE D. PaREPES.

Addressed at the foot:

Excmo. Sr. D. Felipe Molina, Envoy Extraordinary and Min-
ister Plenipotentiary of Costa Rica and Guatemala in Washington.

Nor Ao I doubt that the Sefior Herran and his Government
had full and timely knowledge of the response which the Pleni-
potentiary of Costa Rica made to the communication previously
quoted under date of March 28, 1853. In it the Minister of
Costa Rica states positively that what had been called a propo-
sition was a verbal suggestion, made without special instructions,
as he stated, and that afterwards he had received positive orders
not to extend voluntary concessions beyond his first proposition.

That the suggestion was a verbal one, without precision or
formal character, is shown by the various ways in which Senor
Paredes states it in his notes, when they are compared. But
whatever may be the character or the importance attributed to
this incident, it is very certain that it did not bind the Government
of Costa Rica; and that its determination was the more remark-
able the greater authorization the Minister had upon whom the

223

restriction was imposed, and the greater force it is claimed should
be given to the suggestion under discussion.

New Granada ought not, therefore, to undertake the promotion
of a negotiation, unless all these antecedents were considered,
nor could Senor Herran expect a settlement entirely contrary
thereto. The purpose is- very clear, with which New Granada
persists in maintaining that the Royal Order transferred to it
a nameless right over the whole of the Coast of Mosquitos;
giving to it a title to keep everything it put within the territory
which Costa Rica had always had and possessed as its own, under
Royal titles, perfected at the cost of its blood and its resources,
and boasting of its generosity in ceding that portion of the coast
which it never could possess nor use and which would give to
New Granada a most monstrous configuration, a configuration
which alone would be enough to show clearly the impossibility of
sustaining the meaning that it is pretended should be given to the
governmental order referred to, or the position in which A^ew
Granada was placed.*

Outside of this order, it was long ago stated by Costa Rica,
I repeated it in the previous conference and I repeat it now,
without in any way imputing a like idea to Senor Herran, no
other title has been presented by New Granada, except its own
assertions without proofs, and pretended recognitions by Central
America, Costa Rica and Great Britain, of the sense which it
desires to give to the Royal Order and of the possession which
it never had. This is demonstrated by these very writings in
favor of Nezv Granada and will clearly appear in the response I
am giving to what its Senor Plenipotentiary has just said.

He says that the titles of Costa Rica are uncertain and ob-
scure; that their object was not to mark out provinces which
were as yet scarcely projected, but to conquer the country and
maintain it subject to Spain. It is only necessary to read those
titles to see that they are minutely clear and definite, and that if
on the part of Veragua the title of Don Luis Columbus was re-
ferred to, it is equally clear and agrees in everything with those
of Costa Rica; so that by a simple mathematical operation the
designation of the whole of the line can be arrived at, as has been
done. In accordance therewith, those provinces, as well as those
of Nicaragua and Honduras, were excluded from the conquest

224

entrusted to the Governors and founders of Costa Rica and from
the provinces personified in them.

The object of Spain was not to conquer and maintain im-
mense territories under its dominion ; it conquered to subject to
civilized life, to the Christian religion and to obedience to itself
the peoples of the New World ; in order to found cities, provinces
and kingdoms with new subjects, regenerating them with the
blood of its intrepid sons ; in order to exploit also the treasures
of this continent and increase its own wealth and power. In
order to avoid conflicts, of which there were too many instances,
among the various conquerors of America, it was indispensable
to mark out the limits as soon as each conquest was projected,
and certainly it was the most timely epoch to prevent the Span-
iards from making war and creating new interests in opposition
to the old ones. Spain wisely recognised that in order to found
new communities it must begin by determining the field upon
which they were to be located and what they could make use of,
and by tracing the respective plan thereof. Thus, we see in the
Recopilacion de Indias a multitude of laws establishing regula-
tions for the foundation of new communities, which designated
the amount of land for them, divided and determined the use
which should be made of each portion.

In the face of the repeated assertion that the Viceroys of
Santa Fe exercised authority over the Bay of Almirante, its
shores and islands, etc., I suspend my judgment and I refer to
what has been so many times stated ; upon the proofs being pre-
sented they will be given proper value when confronted by those
of Costa Rica.

A long time ago there was an old Spanish statute (Ley de
Partida) that a knowledge of the laws did not consist in know-
ing the letter of them, but in giving to them their true meaning,
and it is well understood that in order to attain this end attention
should be given not only to the significance of the words, but also
to the reason for the law or to the cause of general interest
which may have influenced the legislative authority in its adop-
tion. These rules are applicable to all governmental provisions,
and therefore they apply to the Royal Order, which never was
and could not be a law.

The word separar (to separate) in its direct and primitive

225

sense, like the greater part of its idiomatic uses, has a meaning
materially impossible of application to the case in question. It
becomes necessary, then, to take it in the figurative sense, where
it can refer to the judicial or politico-military regimen, financial
or ecclesiastical. Did the Royal Order refer to all these branches,
or only to one of them? It does not state, and in order to ascer-
tain the value of its language it is indispensable to look for their
reason, which was, the defense of the coast and not the aggran-
disement of one kingdom at the expense of another, by means of
new boundaries repugnant to the natural configuration.

It is unnecessary to add new words to the Royal Order to be-
come convinced that it affected only the exercise of the military
jurisdiction by reason of temporary circumstances. To assert
that it affected the other branches of the administration and
made a new territorial division, however, it would be necessary
to add to it many other words and provisions, to amplify it by
inserting what was not embraced, to the manifest damage of
third parties, and to give to it a monstrous meaning, disregard-
ing the only one accommodated to all the facts and the require-
ments of the case and the one which is not defective. To do this
is not simply to interpret the Royal Order but to make it over
arbitrarily.

The Royal Order did not transfer sovereignty, the Senor
Minister says. What, then, is the right which Nezv Granada
alleges? I accept this expression, but I cannot agree to the
principles from which it appears to spring. According to Sefior
Herran, the sovereignty over the territory of one kingdom could
not be transferred to another one of the Spanish imperial State,
because the King alone represented it. Inasmuch as the King
represented the sovereignty, it becomes necessary to look else-
where for the thing represented and established whether it came
from God or from each people having a complete and independent
organization, without any further common tie with the others
of the imperial State than the recognition of its Monarch. Each
Spanish American people determined for itself and by itself this
question when it became independent; each one of those that
said it was sovereign, had previously submitted to the authority
of the sovereigns of Spain, by its own acquiescence and with the
choice and right of withdrawing in order to govern itself. King-

226

doms, provinces, cities and persons always had, under the Span-
ish domination, rights which limited the power of the Kings,
rights which these very Kings recognised it was their duty not
to overstep ; imprescriptible rights which the most complete ab-
solutism could do no less than respect and which were the justi-
fication for their independence. I do not suppose that Seiior
Herran can be ignorant of these principles, nor that he can es-
cape the necessary consequences, which entirely destroy the
grounds he has given to a sincere proposition, stated and demon-
strated by me in the light of the most universally recognised
justice.

It can not be maintained that a disposition to change territorial
division affects only the superior governmental authority which
loses and the one which gains thereby in jurisdiction; it affects
all the branches of the administration ; it affects sovereignty be-
tween independent political bodies and the national and individual
rights acquired and it is compulsory upon all the authorities,
upon the two communities and all other individuals. Is there,
peradventure, any nation in Which the interior territorial division
does not belong to the legislative power? There can be no more
important act of legislation than that which affects the eminent
domain of two kingdoms. The legislative power as exercised by
the Spanish Monarch was not confused with the executive. The
governmental orders differed from the laws, called "Real Cedula"
or "Pragmdtica Sancion/' not only in their form but in their
essentially distinct procedure, as has been heretofore indicated.
These formalities of procedure were established in order to af-
ford assured guaranties to the legislative acts, rooms for the
examination and discussion of the subject in detail, but neither
they nor the form had for their object the proof of authenticity.

The argument of the Senor General respecting the resistance
to the Royal Order, in the sense which New Granada gives to
it, opposed at all times by the authorities of Guatemala and
Costa Rica, if it were correct, would show a lack of accuracy on
my part; but it would be correct only if the precise significance
of the word "resistance" was declared opposition to the superior.
— but that is not the case. The Royal Order, or rather its bas-
tard meaning, was ''resisted" by its being disregarded in express
acts that could only relate to the defense of the coast. I have

227

not said that resistance was made to the King, nor even that a
rivalry was set up against the Viceroy of New Granada; and if
attention is given to what I said respecting Central America and
Costa Rica, in the same phrase, no doubt would remain that I
did not use the word "resistance" in the physical sense. Neither
have I confused legitimate resistance with rebellion; necessarily
it must be respected, but the execution suspended of the pro-
vision which was objected to. The Royal Order never was car-
ried out on the part of Guatemala ; it was and will continue to
be a dead letter so far as conferring any permanent right.

The Senor Plenipotentiary thinks I was wrong in qualifying
the occupation of Boca Toro as an act contrary to the Treaty of
1825 and one of violence against the rights of Costa Rica, be-
cause he asserts New Granada legitimately exercised the right it
had and the obligation incumbent upon it of preserving and
utilizing its own territory. To prove his assertion Seiior Herran
repeated the interpretation he has sought to give to Art. 9 of the
Treaty of 1825, an absurd interpretation on account of the mo-
nopolistic sense it gives to that treaty, as was shown by the late
Minister of Costa Rica in his Memorial, and it is also repugnant
to the very antecedents cited by Senor Herran.

I ought to observe that Art. 9 does not say to (hast a) but
towards (hacia) the River Chagres, which destroys the argument
that the Government of Colombia could not permit its undisputed
dominion to be placed in doubt over a large part of the coasts of
Panama and Veragua. The legislative and diplomatic acts of
Colombia cited, prior to the treaty, were arbitrary ones against
the rights of Central America, and it is very strange that they
should be called in to interpret the treaty. Colombia might de-
fend the Coast of Mosquitos in virtue of the latter, but it and
New Granada have infringed it every time that rights of sover-
eignty have been alleged over the territory in question.

Protesting once more my respect for Senor Herran, I must
state that I had no thought of comparing his expressions liter-
ally with those of Lord Palmerston, since I am acquainted with
the communication cited and I know how to indicate a literary
citation. I will compare the meaning of the one with the other,
and it seemed to me and does now that it is very different, that
of the Sefior Plentipotentiary being very much the stronger. I

228

would not say this if Seiior Herran had said, "with the expressed
or explicit object," but he said, "with the express object," thus
meaning, according to my poor understanding, with the precise
and only object, which is very far from the expression of Lord
Palmerston. If I am mistaken, or if Sefior Herran employed
"express" for "expressed," as I have just explained, I do not
object to my statement in that regard being considered as not
having been made, since I desire the Sefior Minister Herran to
be persuaded that I have never had the slightest idea of offend-
ing him, directly or indirectly.

I am very glad that the Sefior Plenipotentary submitted for
insertion in the minutes of this conference the "Extract from
the Minutes of a Verbal Conference with the Minister of the
United Provinces of the Centre of America, on the 4th day of
March, 1825, in pursuance of a prior invitation," and a note
from the Secretary of Foreign Relations of Colombia to the
said Minister Plenipotentiary, as proofs upon which the asser-
tion was based that the representative of Central America recog-
nised the pretended rights which New Granada alleged over the
Coast of Mosquitos and Dulce Gulf. We are coming at last
to see what these proofs are worth, and for this purpose
I proceed to analyse them, disregarding their form.

In the extract of the memorandum of the Secretaryship of
State of Colombia it appears that the project for a treaty was
under discussion which had been presented by Sefior P. Molina,
representative of Central America, and they were considering the
following points :

1. Concerning the character of the treaty. It was agreed that
it would be proper to celebrate it as between two Powers at war
against a common enemy, and they adhered to the principles of
union, league and confederation, already adopted between Co-
lombia, Mexico, etc.

2. Concerning recognition of their independence. They agreed
to omit this with the Articles 3 and 4 as superfluous.

3. Concerning boundaries. The Secretary of Colombia objected
to Art. 5, presented by the Minister of Central America, conceiv-
ing it to be contrary to the titles of Colombia, and he exhibited
as proofs the Royal Order of 1803, and a Decree of the Executive

229 '

of Colombia of July 5, 1824. He declared that Colombia was
resolved not to abandon its rights except in case of mutual con-
cessions being made in a special boundary treaty. He made there-
upon a monstrous proposition, the exaggerations of which Sefior
Madrid publicly recognised, with regard to taking up the negotia-
tion if Sefior Molina had instructions therefor. Senor Molina
replied that he did not have instructions. The response set out
in the memorandum of the Secretaryship of Colombia is laconic,
but it is very expressive and it reveals clearly the position of the
negotiators. The Plenipotentiary of Central America had in-
structions to fix the natural boundaries of the two Republics, but
he did not propose to do this in accordance with the impossible
meaning which it had been sought should be given to the Royal
Order. Colombia objected to this, exhibiting as titles the said
Order and its own Decree ; this is to say, a declaration or asser-
tion on the part of the party interested, and it made a monstrous
counter-proposition. Sefior Molina still .had no instructions.
They did not get to a discussion of such a proposition, nor did
they treat the boundary question, because Central America did
not admit the possibility of such pretensions. It can hardly be
conceived that in good faith anything else can be seen in this ex-
cept the most polite, positive and energetic rejection of the pre-
tensions of Colombia and its so-called titles.

4. Lastly. Concerning means of proceeding with the alliance
notwithstanding the question that had been raised. "Well, then/*
(it being so that you cannot take up the question as to boun-
daries), said Sefior Gual, "it is necessary as to boundaries to
hold to the uti possidetis of 1810 or 1820, as may be desired."
Sefior Molina having acquiesced, Sefior Gual was charged with
drafting the proper Articles. It seems that the Sefior Plenipo-
tentiary of New Granada makes this expression of acquiescence
extend to everything that was proposed and stated in the confer-
ence by Sefior Gual, as if there had been a long oration with
different parts delivered by the Secretary of Colombia, to which
the Central American Plenipotentiary humbly answered "Amen."
But such was not the case, for each proposition had its definite
and clear response, that one being energetically negatived in which
the territorial pretensions of Colombia had been set forth. The

230

acquiescence which seems to have been given as a matter of
course by Seiior MoHna referred only and exclusively to the
territorial statu quo, until a boundary treaty should be celebrated,
otherwise to admit then that it was to be the uti possidetis. This
extract ends by saying that it was agreed Arts. 7 and 8 v/ere in-
opportune, in consequence of Art. 5 having been taken out ; and
it does not appear that it was signed by either one of the nego-
tiators.

Passing on to the note which has been inserted, I say that it
has no value, not even as a notice, the response of the Plenipoten-
tiary of Central America not being submitted. It is a paper which
seems abbreviated on purpose, for where the communication is
given the response should also be given.

I confess that if this point did not affect me personally I would
have contented myself with replying that the papers inserted are
assertions on the part of Colombia, which in no wise compromise
Central America, nor Costa Rica, since they could only be used
as proofs against the Government of their origin, and that it is
the first time in my life that I have seen an attempt made by a
party to make use of its own assertions as if they were clear con-
fessions by the opposing party.

These ought to be clear, made by the one who is to be preju-
diced thereby ; they should be exhibited and it should not be neces-
sary to domonstrate them by complicated reasonings, for this
alone would be enough to show they did not exist save in the sub-
tle interest of the one who undertook a task contra-producente (a
thing alleged contrary to what it is designed to prove).

I appeal to the clear and straightforward meaning of the ex-
tract from the minutes of the conference, of the corresponding
Articles in the treaty and the acts of Central America and Costa
Rica, of Colombia and New Granada, in order that it may be seen,
as it will be clearly seen by any impartial person :

1. That the amplification it has been sought to give to the
Royal Order of 1803 is so outrageous and impossible to maintain
that the Republics of Colombia and New Granada themselves
have so admitted upon all occasions, by the very fact of not sup-
porting it in all its enormity, going to the extent of abandoning
it in part, affecting to make concessions which they had no right

231

to make, in order to cover up the contradictory and insupportable

character of their position.

2. That both RepubHcs, Colombia and New Granada, have used
the Royal Order as a weapon against the weakness of Central
America and Costa Rica, measuring their pretensions, always
exaggerated, by the sole consideration of their greater relative
strength, also exaggerated, as is natural.

3. That in the conferences for the Treaty of 1825, no essential
point relating to the boundary question could be adjusted, because
the Minister of Central America declared positively that he did
not have instructions therefor, agreeing only upon the methods for
reaching in the course of time a peaceful solution, and, as the'
main one among these, relying upon the respect due to the statu
quo of the disputed territory.

4. That, while approving the conduct of its Minister, the Gov-
ernment of Central America did not wish to ratify the treaty with-
out adding the word, ''naturally," in Art. 5, in order to stipulate
that their territories must preserve the natural configuration in
accordance with the characteristics of the land and the situation
that its settlements had at the time of independence, and this being
incompatible with the significance it was sought to give and is
pretended should be given to the Royal Order, such significance
was excluded forever by agreement of the parties. This did
not conflict with the position of the negotiators, since it was a
change made subsequently by the Governments at the time of the
ratification ; it is in accord with the compromise contained in Art.
7, to respect their boundaries as they were at the time of the
treaty ; it saved Colombia from its anomalous position in gauging
the extent of the compromise it acquiesced in it, as it is to be be-
lieved, and did no more than add one more stroke to the anoma-
lous character of the pretensions of New Granada.

5. That Art. 9 of the treaty, evidently of a temporary character,
was intended to preserve the statu quo, both of the contracting
parties employing their forces jointly; that both Governments
were referred to, and that the sense of "correspondent' (they be-
long) agreed with the object, doing away with all doubt that
dominion could exist outside of them and including the two,

232

without objection on the part of Central America, on account
of having left indeterminate the territory towards Chagres

6. That Central America and Costa Rica, in consequence of
these very facts and the acts of their diplomatic representatives,
have always resisted the bastard significance which New Granada
gives to the Royal Order, avoiding useless protests scandalous
in a question between two brothers, and every act which would
be likely to compromise their good relations.

7. That Costa Rica, conforming its conduct to the Treaty of
1825, has sought in every way to end the question harmoniously,
so that a direct settlement might be attained, proposing real ad-
justments, beginning by undertaking great sacrifices, and its re-
grets that the measure of these has been heaped up without there
being a reciprocity on the part of New Granada; and however
disadvantageous the present state of affairs may be, it would prefer
it to the proposition of Seiior Herran, which would require a
total abandonment of its rights without any compensation. If
the announcement of the intention of New Granada to take some
action in the future has the same effect that the action itself would
have, why does it make a merit of cessions which it can only call
such, and which if they were such are held as facts? I do not
understand, I frankly confess, how Costa Rica would be able ta
gain land by fixing its frontiers with Nicaragua or Mosquitos at
King Buppan, nor that designating the River Colorado as a bound-
ary, leaving those countries to the North and Costa Rica to the
South, fixes it that the latter Republic has no right to any part
of the coast to the South of the River Colorado.

I am of the opinion of the Seiior General Herran that we ought
to suspend the conferences, since in the turn that has been given
to them and which he deems it is necessary to sustain on his part^
no progress can be made. The Seiior Plenipotentiary thinks that
the treaty celebrated in 1825 between Colombia and Central
America ought to be considered as in force between Costa Rica
and New Granada, and after the explanations I have made I have
no objection that it should be so considered.

The fraternal sentiments which New Granada and its sons
will always meet within Costa Rica have a more ancient and noble
origin. It will always be a pleasure and an honor for me to serve

233

in the expression of these sentiments, and the worthy Seiior
General Herran, Minister Plenipotentiary of Nezv Granada, will
find in me, with all the consideration due to his high public and
private character, the deference compatible with my duty, in order
to contribute toward cementing and developing them, compromis-
ing the question of boundaries.

IvXJlS MOUNA.

P. A. Herran.

REPUBLIC OF NEW GRANADA.

Report of the Secertary of Foreign Relations to the Con- Doc. 305

gress of 1855.

Published at Bogota. Print of the N eo-granadino ( New Grana- j

dian). j

In concluding this brief report I will make a statement of the
situation as regards the two most prominent questions of an
international character which now agitate New Granada, although
up the present time in a peaceful and friendly way, and the means
by which I hope to see them terminated. I refer to the settle-
ment of the boundaries with the State of Costa Rica and the
settlement as to boundaries, fluvial navigation and commerce
in transit with the Republic of Venezuela.

With respect to the first of these questions, the Executive
Power -has during the past year reflected deliberately, giving
to this matter all the importance that belongs to it, by an extra-
ordinary mission to Costa Rica and even by a Special Message
to you upon this subject. The disturbance of domestic peace
during a number of months and the concentration of the entire
attention of the Government upon the re-establishment of general
good order and tranquillity, prevented the idea from being carried
out which had been so favorably received by the representatives
of the Nation as well as by public opinion ; but as soon as the flag
of the regular administration once more waved triumphantly

234

over this capital, the first care of the Executive Power was to
turn his eyes toward our frontier upon the side of Costa Rica
and meditate upon the method of reaching an early solution of
the question pending with that State, respecting the rights of
both countries, and which may as far as possible satisfy the desires
of each of them, having regard to their mutual convenience. Up
to the present time it has not been possible to do anything more
than to collect data and documents needed to maintain the rights
of New Granada in this grave question; while at the same time
it has sought to obtain the reports needed to treat this question
properly from the point of view of the convenience of both
countries ; and I am glad now to have in my department the best
documents for both purposes, authorized or submitted by dis-
tinguished citizens, possessed of valuable knowledge and impor-
tant facts relating to this subject, and who, animated by patriotic
zeal, have hastened to respond to the invitation given them by
this secretaryship to offer it their enlightened assistance in so
delicate an affair.

This is not the place to set forth the claims of New Granada
in the question referred to, nor to submit the evidence of its
rights, nor to intimate what it may deem desirable. As to all
of these points adequate instructions will be sent to the citizen
who, either in Washington or in San Jose de Costa Rica, may be
charged with the conduct of the negotiations upon our behalf;
but if the I:,egislative Chambers shall desire to know the opinion
of the Executive Power as regards the aforesaid points and wish
to look over the documents collected in this particular matter, the
slightest intimation of their wishes will be sufficient. Moreover,
we ought to expect that the Government of Costa Rica, as soon
as our titles are exhibited, will hasten to do justice to the unques-
tionable rights of New Granada, and that, as regards the question
of convenience, it will cooperate in the adoption of such a line as.
will favor the interests of both countries, interests which, like all
those of an international character, it is not difficult to reconcile
when the parties well understand what is desirable and take up
the negotiations with frankness and in good faith.

235

Protocol of the Conferences Held Between the Plenipo-
tentiaries of New Granada and Costa Rica, for the Pur-
pose of Bringing the Two Republics Into Closer Rela-
tions and Fixing Their Boundaries by Means of a Treaty.

CoNF^Ri^NCE OF April 2, 1856.i

Having met in the Palace of the Government in San Jose de
Costa Rica, the Senores General Pedro Alcantara Herran, Pleni-
potentiary of Netv Granada, and Don Joaquin Bernardo Calvo,
Minister of Foreign Relations and Government and Plenipoten-
tiary of Costa Rica, they reciprocally exhibited their respective
powers and finding them sufficient and in due form, they declared
the negotiation open.

General Herran proposed that before drawing up any draft
or drafts of a treaty for discussion, the conference be confined to
two points which it was necessary to arrange in the first place;
one as to the desirability of celebrating a compact of federation be-
tween the two Republics, and the other respecting the territorial
boundaries that were to be fixed ; and he adduced some reflections
and observations to demonstrate the adantages which would result
from the union proposed and the necessity that there should be
a settlement as to the boundaries.

Minister Calvo stated that he was in accord as to the advantages
that would accrue to both countries from such a union and that
the invitation was a very honorable one for Costa Rica, but it
would be necessary before entering into such an important com-
pact to submit a like invitation to the other States of Central
America, or at least to bring to the attention of their Governments
the project in question. He further said that he was ready to
take up the discussion in regard to the settlement of boundaries
so as to prepare a treaty which should include all the stipulations
which might be desirable for the two Republics.

The two Plenipotentiares finally agreed that General Herran
should draw up a draft of a treaty for discussion at the subse-
quent conferences.

* Archives of the Department of Foreign Relations of Costa Rica.

23b

This ended the present meeting and it was signed by both of
the Plenipotentiaries.

Jq. Bernardo Calvo.
P. H. Herran.

CONFERKNCK OF April 5, 1856.

The Plenipotentiaries of New Granada and Costa Rica having
met in the Palace of the Government, the former submitted a
draft of a treaty which he had drawn up in accordance with the
understanding had at the conference on the 2nd. Senor Calvo
took it in order to examine it and stated that he would advise
General Herran of the day that they could come together for its
discussion.

Thereupon, the present conference was concluded and the two
Ministers signed.

Jq. Bernardo Calvo.
P. A. Herran.

Conference of Aprii. 11, 1856.

The Plenipotentiaries of Neiv Granada and Costa Rica having
come together in the usual place, the latter asked the former for
some explanations respecting the Article as to boundaries, sub-
mitted in the draft of the treaty. The explanations having been
made the conference was ended and both Ministers signed.

Jq. Bernardo Calvo.

P. A. Herran.

Conference of May 29, 1856.

The two Plenipotentiaries having met at the usual place, Senor
Calvo said, that the boundary question could not be settled in
virtue of the titles submitted by the parties, inasmuch as those
of the one could oot be reconciled with those of the other, and
still less could the auxiliary proofs and arguments deduced from
the testimony of the historians, geographers and travellers be

reconciled, and therefore he proposed that a wide basis be taken
for the discussion, having regard to the clear and well-understood
advantages of the two parties as a whole and each one of them
separately; that the way in which the negotiations had recently
been taken up and the very friendly demonstrations Costa Rica
had just received from New Granada filled him with confidence
that by adopting such a method of discussion a good result could
be reached ; and that if the most favorable opportunity now offered
for securing the settlement desired was lost it would be necessary
to give up all hope of ever reaching any agreement

General Herran accepted the proposal of Senor Calvo.

Under this understanding they took up the examination of the
titles, proofs and arguments of each party, mutually respecting
the value of them with an impartial judgment, and thereupon,
after a comparison of the rights and motives of convenience on
the part of each one of the Republics with those of the other,
the plenipotentiaries undertook to seek an equitable conclusion
which should make those of one compatible with those of the
other; and with this object Senor Calvo and General Herran
mutually and successively made various propositions, until they
came to the agreement they sought, adopting by common accord
as the boundary between Ne^v Granada and Costa Rica a divi-
sional line which, beginning upon the coast of the Pacific (at
Punta Burica) at 83° 13' longitude West of the meridian of
Greenwich, and running along in a straight line to the sources of
the River Agua Clara, at the highest place where its waters have
their origin; from thence continuing by another straight line to
the North-east one-quarter North, until it reaches the crest of
the Cordillera of Las Cruces, which is found in this direction,
and from thence continuing along the crest of the same Cordillera
to the headwaters of the River Dor aces, and thence down-stream
in the middle of the main channel of this river to its outlet into
the Atlantic.

The difficulty as to an agreement in regard to boundaries hav-
ing been overcome, which was the only one that presented itself,
as regards the negotiations of the treaty, the Plenipotentiaries
went over each one of the Articles in the full draft, and having

23S

a|)})roved them they declared the treaty finished, promising to
.sign it as soon as it was drawn up in the usual form.

]q. Bernardo Calvo.

P. A. Herran.

Conference oe June 11, 185f).

The Plenipotentiaries having met in the Hall of the Department
of Foreign Relations, for the purpose of signing the treaty of
friendship, commerce, navigation and boundaries, which had been
drawn up with forty-five Articles, in the terms agreed upon at the
conference held on the 29th of May last, and the two copies of
the treaty being compared and finding them with the usual ex-
ceptions alike in all respects, they signed them and placed thereon
their private seals.

Jq. Bernardo Calvo.

P. A. Herran.

Doc. 307 Extract from the Treaty of Friendship, Commerce and
Boundaries Between the Republics of New Granada and
Costa. Rica (Calvo-Herran).

San Jose, June 11, 1856.

Art. 41. The Republics of New Granada and Costa Rica recog-
nise as common boundaries between their respective territories
a division line which, beginning on the coast of the Pacific Ocean,
at Punta Burica, at 82° 13' longitude West of the meridian of
Greenwich, proceeds in a straight line to the source of the River
''Agua Clara,'' at the highest place where its waters have their
origin ; thence continuing by another straight line to the North-
west quarter North, until the summit of the Cordillera de las Cruces
is reached, which is found in this direction ; thence continuing by
the crest of the same Cordillera to the source of the River
"Doraces," and from thence down stream by the middle of the
principtl channel of this river until it empties into the Atlantic.

The Republic of Costa Rica renounces in favor of New Granada
the right which it may have to any part of the territory which is
left on the East of said division line, and New Granada renounces

239

in favor of Costa Rica the right which it may have to any part of
the territory that is left on the West of the same Hne, not includ-
ing in this renunciation the Islands of Providencia, Santa Cata-
lina, San Andres, Albuquerque, Mangle Grande, Mangle Chico
and the others that belong within the district known by the name
of Canton of San Andres, which shall continue to belong to Nezv
Granada.

The ports of the Gulf of Dulce on the Pacific shall at all times
be free for the importation of merchandise the destination of
which is New Granada, and for the exportation of articles pro-
ceeding from this Republic; and the ports of Almirante Bay on
the Atlantic shall be at all times free for the importation of mer-
chandise destined for Costa Rica and for the exportation of
articles proceeding from this Republic. In either case prompt
despatch will be allowed for land transit for the merchandise
until the frontier is crossed, and no import, export or transit
dues can be imposed thereon, being only required to pay those
taxes levied as compensation for the use of the works constructed
to facilitate the loading, unloading and land transit thereof, such
as wharves, canals, roads and bridges.

Instructions Sent by Secretary of State Marcy to Mr. Doc. 308
Dallas, at London, in Regard to the Claim of Great
Britain to the Bay Islands and the Mosquito Territory.

DEPARTMENT OP State,
Washington, July 26, 1856.i

Sir:

I proceed now to communicate to you the principles by which
the President desires you to be guided, and the manner in which
those principles are to be applied to the definite subjects of con-
troversy in your negotiations with Her Britannic Majesty's prin-
cipal secretary of state for foreign affairs, for the purpose, if
possible, of disposing of the questions in regard to Central
America.

' Senate Document No. 74, 58th Congress, 2d Session, Page 2.

240

Such are the separate, specific, and substantive stipulations of
the convention, all of which you are instructed to inform the
Earl of Clarendon the President stands ready to execute on the
part of the United States.

When he entered on the duties of his present office he found
that Great Britain had recently, and since the ratification of the
convention, established a colonial government at the Bay Islands,
He found that the British settlement at the Balize was in the
process of being extended indefinitely into the State of Guate-
mala or Honduras, and that Great Britain, as the assumed pro-
tector of a small band of Indians in the State of Nicaragua, was
continuing to assert, in their name, an authority which, what-
ever it might be in form, was in substance absolute dominion
over the entire Atlantic coast of the three Central American
States of Honduras^ Nicaragua, and Costa Rica. All these acts
were, in his judgment, palpable infringements of that primary
and all-essential stipulation of the convention which excluded
both governments from the occupation of any part of Central
America. It became his imperative duty in the first instance, and
before making or entertaining any proposition for the execution
of the treaty in other respects, to call on Great Britain to execute
it in this the foundation of all its other stipulations.

You are aware of the progress and termination of the nego-
tiations which ensued. After protracted discussion between the
Earl of Clarendon and your predecessor touching the nature and
justice of the pretensions of Great Britain in Central America,
the negotiation was abruptly cut off by the declaration of Lord
Clarendon that the British Government, regarding the stipulations
of the treaty in the disputed matter as prospective only, declined
to continue further discussion of the main question, the true
interpretation of the convention, but at the same time he inti-
mated that the difficulty might still, by means not distinctly
stated, be susceptible of amicable adjustment.

241

My first prefatory observation is this : The United States re-
gard it as an established principle of public law and of inter-
national right that when a European colony in America becomes
independent, it succeeds to the territorial limits of the colony
as it stood in the hands of the parent country. That is the doc-
trine which Great Britain and the United States concurred in
adopting in the negotiations of Paris, which terminated this
country's War of Independence. It has been followed by Spain
and Portugal in regard to their former colonies in America and
by all those colonies as between one another and the United
States. No other principle is legitimate, reasonable or just.

When a colony is in revolt, and before its independence has
been acknowledged by the parent country, the colonial territory
belongs in the sense of revolutionary right to the former, and
in that of legitimacy to the latter. It would be monstrous to
contend that in such a contingency the colonial territory is to
be treated as derelict, and subject to voluntary acquisition by
any third nation. That idea is abhorrent to all the nations of
right which constitute the international code of Europe and
Atiierica.

And yet the assumption that, pending a war of colonial revo-
lution, all territorial rights of both parties to the war have Lr--
come extinguished and the colonial territory is open to seizure
by anybody is the foundation of most of the disputed pre-
tensions of Great Britain in Central America. Her pretensions
are the more untenable in this respect in consideration of the fact
of her amicable relations with both parties during the whole
period of the war between Spain and her colonies.

As between her and Spain she was bound, by treaty upon
treaty, to respect^ the territorial rights of Spain in Central Amer-
ica, according to which treaties Great Britain distinctly re-
nounced all territorial claims in that quarter, including either

242

by express mention or unequivocal reference, the Belize, the Bay
Islands, the Mosquito Indians and the small district of their
actual occupancy in Nicaragua. Great Britain could not, in
any period of time subsequent to the year 1814, touch either of
these points without infringing her treaty engagements to Spain.
On the other hand, if during that period she treated the Central
American Republics as independent States, she was equally
bound to respect the territorial sovereignty, which if it did not
belong to Spain, belonged to them. In either point of view, no
part of it could be taken by Great Britain without usurpation
of the rights in litigation between Spain and Central America,
and appertaining incontestably either to Spain or Central
America.

My second prefatory observation is this: The United States
regard it as an equally well-established principle of public law
and of international right that no tribe or nation of Indians on
the American continent can be treated as a sovereign state,
people, or independent power, but each and every one of them
is by the public law of Europe and America the subject of some
European government, or of some American government the
successor of an European government, within whose territorial
limits such tribe or nation of Indians may happen to be. No
third power can lawfully enter into political relation with any
such tribe. The United States may as well undertake to main-
tain and hold political relations with the country of Galway, in
Ireland, or the shire of Perth, in Scotland, as for England to
maintain or hold such relation with any tribe of American In-
dians outside of her own colonial possessions in America.

if. :|c 5|s** :tc ;|c if

We, the United States, grew up as colonies of England in the
possession of this elementary doctrine of the public law, not only
of England herself, but of Spain, Portugal, France, and of
every other European government having possessions in Amer-
ica. I refer to the cases ^ with which you are familiar, adjudi-

* Johnson, v. Mcintosh, VIII Wh., 543 ; Mitchell v. the United States,
IX Peters, P. 711; Cherokees Nation v. Station of Georgia, V. Peters.
P. 1; Worcester v. State of Georgia, VI Peters, P. 515.

243

cated in the Supreme Court of the United States, in which this
subject has been discussed, for the proof that this doctrine is
no revolutionary innovation or modern invention of the United
States, but that we received it, complete in all its parts and
relations, in common with representative institutions, trial by
jury, rights of property, and all the rest of the muniments of
public and private law, at the hands of Great Britain herself.

It has heretofore, on several most important occasions, been
the province of the United States to discuss this question with
England, and to have the principle distinctly admitted by her.
That occurred in the negotiations of Paris, when the territorial
sovereignty of the United States was first formally acknowledged
by Great Britain ; it occurred in the supplemental negotiations-
during the administration of President Washington ; and, finally,
during the negotiations at Ghent^ when the British ministers,
urging, as the Earl of Clarendon now does in the case of the
Mosquito Indimis, ancient ties of obligation, proposed that the
United States should admit British protection of certain tribes
of Indians within our limits, the American ministers replied
that sooner than concede for a moment any such pretention they
would break off at once all further negotiation and counsel
the United States to proceed in the prosecution of the war.
Whereupon that pretention was abandoned by the British com-
missioners. I refer you to those negotiations for more full state-
ment of the unalterable conviction and policy of the United
States in that respect.

It is by keeping the eye steadily directed to these two great
principles of public law and by following the light which they
afford, and in no other way as the President conceives can the
present question between the United States and Great Britain
be honorably and amicably adjusted.

We see, in the first place, that England can have no rights of
possession or jurisdiction in Central America, except such as
her treaties with Spain of 1786 and 1841 accord to her, or ex-
cept such as she may have acquired by voluntary concession

244

from some one of the Republics of Central America. Anything
beyond that will be incipient conquest only, not yet consum-
mated into full right by treaty recognition.

We see in the second place that all the matters in dispute be-
tween the United States and Great Britain are primarily questions
of the sovereign rights of some one of the republics of Central
America. We can not give to Great Britain nor she take from
us that which neither has to concede. Either of us may agree
with the other not to claim anything in Central America, but
neither can legitimate any claim of the other there. And if
either of us, having asserted claim there, is to relinquish the
same under conditions, the ultimate decision of those condi-
tions appertains solely to the interested Republic of Central
America. We may separately, or in common, use our good of-
fices )vith such republic to influence its determination, but we
can not of ourselves make the determination.

Thus we arrive by incontrovertible deduction from the set-
tled principles of public law controlling the subject-matter, to
one of the leading stipulations of the convention, which is, that
both Governments will use whatever influence they respectively
exercise with any state possession or claiming to possess juris-
diction or right over the territory which the proposed canal shall
traverse, or the waters adjacent .thereto, which may be called
for by the exigencies either of the construction or neutral use
of said canal ; and also that we will jointly and severally employ
our good offices with any such state to promote the settlement of
any differences of right or property in said territory — in order,
as the convention proceeds to say, "to strengthen the bonds of
friendship and aUiance which exist between the contracting
parties."

Acting under the influence of these high inducements, the
President directs you to proceed upon the following premises
in reference to the specific point of controversy.

1. The; Mosquito Indians. — These persons, it is under-
stood, HAVE. NO ACTUAL OCCUPANCY, SAVE IN A VERY LIMITED

245

DISTRICT; WITHIN THK BOUNDS OF THE UNDOUBTED SOVEREIGNTY

OF THE Republic of Nicaragua. Claims have indeed been

PREFERRED in their BEHALF EXTENDING NORTHWARDLY AND

westwardly into honduras and eastwardly into costa
Rica and even New Granada; but it is not supposed that

ANY such claims ARE SERIOUSLY PERSISTED IN AT THIS TIME.
It IS A QUESTION, THEREFORE, OF THE RIGHT OF NICARAGUA.

The president proposes, in execution of the convention, that
the United States and Great Britain use their influence and
employ their good offices with the Republic of Nicaragua to in-
duce that Government to enter into arrangement with the Mos-
quito Indians for the ascertainment and fixation of proper limits
of occupancy for them and for their personal protection in the
enjoyment of municipal rights within such territorial reservation,
and with the payment to them of proper indemnity, in cash or
in annuities, and with regulation of private land grants, on the
precise principles and substantially in the same manner which
w€ ourselves observe and follow in our daily transactions with
the Indians subject to the United States.

The President can not himself admit as true, and therefore
can not under any possible circumstances, advise the Republic
OF Nicaragua to admit that the Mosquito Indians are
a state or a government any more than a band of Masoons
in the island of Jamaica are a state or government. Neither, of
course, could he admit that any alliance or protective connection
of a political nature may exist for any purpose whatever be-
tween Great Britain and those Indians.

But the Earl of Clarendon alleges that ancient ties of this
nature do in fact exist. I had supposed that the relations re-
ferred to had their origin in the buccaneer practices and system
of smuggling of the sixteenth and seventeenth centuries and that
they could confer no rights or impose any obligations on Great
Britain as a government. I had also supposed that the treaty
of 1786 between Great Britain and Spain had disposed of that
point, it containing stipulations by which Great Britain re-
nounced its connection with the Mosquito Indians by name,
and they were in consideration of that fact admitted to pardon by
the King of Spain.

246

I apprehend that the point of honor, which labors, in the mind
of the Earl of Clarendon, arises out of the fact of these re-
linquished pretentions regarding the Mosquito Indians having
been without due reflection revived in modern times.

While the President desires you to be possessed of his views
on this point he does not wish to have them urged by you un-
necessarily or at any time so presented, either in substance or
manner, as to obstruct the negotiations. They are communi-
cated to you ; first because in the judgment of the President
they constitute the truth of the case, and in the second place, in
order to secure a careful avoidance either in the correspondence,
or in any treaty which may be made, of any admission express or
implied, to the contrary on the part of the United States.

What the President proposes to have done in this respect, is
not to concede any principle, but only to make an arrangement
which under which proper guaranties on the part of the United
States and Great Britain, will, as a mere fact, accomplish by
unexceptionable means, everything which the latter has declared
that it feels bound in honor to for the personal protection of the
Mosquito Indians.

2. San Juan de Nicaragua. — The questions on this point are
somewhat connected in fact with those of the Mosquito Indians,
because the original seizure of San Juan was made by Great
Britain in the name of or for the Mosquito Indians, and the mu-
nicipality of Grey town (so named as it is understood after the
existing governor of Jamaica) professed to exist under the au-
thority and the flag of the Mosquito Indians? But the occu-
pancy of those Indians ndvejr in Fact re:ache:d to San Juan.
If it had done so, it never could have constituted the ground-
work of municipal or political organization there. The very
idea of a commercial seaport is totally incompatible with the
tribal condition and the habits of American Indians. The ascrip-
tion of the title and state of King to the petty chief of a petty
band of such Indians can with difficulty be reconciled to any re-
spectful consideration of royalty as an institution of government.
Solemnly to crown such a person as King has an air of mockery
rather than of dignified earnestness. At any rate no rights of
sovereignty can reside in such a person. Of coursk,, the Presi-
dent CAN NOT ADMIT THAT THE MOSQUITO INDIANS HAVE ANY

247

RIGHTFUL C0NNE:CTI0N WITH SaN JuAN DE NICARAGUA. And

they will cease to have any such connection in fact so soon as
their case shall have been disposed of in the manner already
suggested.

The:re: will remain as to San Juan the question oe
LIMITS BETWEEN Nicaragua and Costa Rica touching both
the river and the harbor, and the question of the future
political condition of the port of San Juan.

The convention engages the United States and Great Britain
to a definite line of action on each of those points. They stipu-
late to exercise their influence and employ their good offices
to promote the settlement of all such differences between Costa
Rica and Nicaragua. They also stipulate to use their good of-
fices to procure the establishment of a free port at each end of
the proposed canal; and that stipulation was designed unques-
tionably to cover the case of San Juan del Norte.

In regard to each of these points you are instructed to say
that the President is prepared to enter into such arrangement
as the treaty contemplates, and to employ the good offices of
the United States with the Republics of Nicaragua and Costa
Rica, in order to accomplish the proposed objects.

* * * * * *♦ if.

I am, sir, respectfully, your obedient servant,

W. L. Marcy.
George M. Dallas, Esq.

The Secretary of Foreign Relations of New Granada to Doc. sog
That of Costa Rica, Concerning the Ratification of the
Boundary Treaty of June 11, 1856.

Bogota, April 23, 1857.

Sir.

I have the honor to address Your Excellency, for the pur-
pose of bringing to your knowledge the fact that by the legislative
action of the 20th instant, sanctioned by the Executive Power
on the 21st, there was approved the Treaty of Friendship, com-

248

merce, navigation and boundaries between New Granada and
Costa Rica, signed by the respective plenipotentiaries ' in the city
of Sam Jose on June 11, 1856 ; and likewise approved by the Con-
gress of your Republic on the 18th of September of the same
year; and that in consequence thereof the Executive Power is
ready to prepare and send to Washington the Act of Ratification
which should be duly exchanged.

In advising Your Excellency of this agreeable news, I must
add that the legislative action approving the said Treaty contains
in the Article 2 thereof three "Declarations," which must be in-
cluded in the instrument carrying out the exchange of the ratifica-
tions, and without the acceptance of which by the Government of
Costa Rica it cannot go into effect, these being considered as
essential and that they should virtually form an integral part of the
Treaty.

Your Excellency will be advised as to these "Declarations" by
the authentic copy of them which I have the honor to enclose
in the present note, and at the first glance at them Your Excel-
lency will be convinced of the necessity for their adoption and
of their unquestionable utility for both of the contracting parties.

These "Declarations" were passed after a careful examination
of the stipulations of the Treaty, for its greater clearness and be-
cause they will tend to prevent future disputes growing out of
private rights acquired in good faith a long time previous and
will smooth away any difficulties which might hereafter arise
by reason of different interpretations as to the boundaries be-
tween the two nations, an object which Your Excellency will at
once agree is in the interest of both.

I trust that Your Excellency will be pleased to communicate the
contents of the present note to H. E. the President of your Re-
public and make the arrangements necessary on the part of your
Government so that the exchange may take place as soon as pos-
sible; it being understood that under Art. 4 of the Decree re-
ferred to, as Your Excellency will observe, Nezv Granada will
extend indefinitely the term within which it is to be done, in accord-
ance with Art. 45 of the Treaty, a term which will expire on the
11th of June next. I refrain from urging upon Your Excellency
the necessity that your Government also agree upon such exten-

249

sion in oder to avoid in advance the embarrassment which would
follow from the approaching expiration of the term fixed for
the exchange.

This Department will duly forward to Washington the respec-
tive instruments for such exchange, trusting that no difficulty will
arise in the consummation of the compact which is so important to
both countries, and the stipulation of which will firmly bind to-
gether their reciprocal interests and unite still closer the ties which
naturally connect them.

I take this opportunity to reiterate to Your Excellency the as-
surance of my high and distinguished consideration.

J. A. Pardo.

The Senate and House of Representatives of New Granada in
Congress assembled:

Having considered the Treaty of Friendship, Commerce, Navi-
gation and Boundaries, between New Granada and Costa Rica,
concluded by the respective plenipotentiaries at San Jose on the
11th of June, 1856, the literal tenor of which, word for word, is
as follows:

(Here follows the Treaty.)

They Decree:

Art. 1. Let the foregoing Treaty be approved in all its parts,
so that it may be ratified and exchanged in accordance with this
decree.

Art. 2, The Executive Power will arrange that at the time
of making the exchange of the instruments for the ratification of
the aforesaid Treaty, the Granadian plenipotentiary who is charged
with this duty shall submit to that of Costa Rica the following
declarations, in the name of New Granada:

First : That the River Horaces, Dorces or Dorados, designated
by Art. 41 of the foregoing Treaty as the terminus of the divisional
line of the two Republics upon the Atlantic, is the first river which
is found at a short distance to the South-east of Funta Careta;

250

-and that the questions arising at any time upon this point shall be
determined in accordance with this declaration and what is shown
by the hydrographic chart which was used during the negotia-
tion of said Treaty, the title of which is : Spherical Chart of the
Sea of the Antilles and of the Coast of Tierra-Firme, from the
Island of Trinidad to the Gulf of Honduras; prepared in the Hy-
drographic Bureau and published by official order at Madrid,
year 1805. Corrected in 1809.

Second: That the concessions of land or other valuable rights
in the neighborhood of Duke Gulf, legally made in favor of cor-
porations or private individuals by the municipalities (corpora-
cio-nes) or authorities of New Granada before the celebration of
the Treaty, shall be as valid thereafter as if they had been made
by the Government of Costa Rica; and that consequently those
interested in such concessions shall not be disturbed at any time
in the enjoyment thereof.

Third: That, in general the private titles to property which
are existant as to lands and other valuable rights embraced within
the dominions acquired by Costa Rica under the said Treaty, shall
be respected by the Government of that Republic, whether said
titles are founded upon a strict legal basis or upon simple prin-
ciples of equity.

Art. 3. The Executive Power shall take care that the exchange
of ratifications of the foregoing Treaty shall not be effected until
the declarations set out in Article 2 of this Decree shall have
been accepted by the respective plenipotentiary of Costa Rica.

Art. 4. The exchange of the instruments of ratification of this
Treaty shall take place even in case the term may have expired
which was fixed in Art. 45.

Given at Bogota, April 20, 1857.

The President of the Senate: Manuel Antonio Bueno.
The President of the House of Representatives : Miguel Guer-
rero.

The Secretary of the Senate : M. M. Medina.

The Secretary of the House of Representatives: Manuel

POMBO.

Bogota, April 21, 1857.

251

Let it be executed :

The President of the Senate: (L. S.) Mariano Ospina.

The Secretary of Foreign Relations : J. A. Pardo.

Report of the Committee on Foreign Relations to the Con- doc. 310
gress of Costa Rica.

San Jose, September .30, 1857.

To the Committee in charge of the matter :

N. Tole:do.
To THE Honorable Congress :

There has been referred to the legislative committee the official
despatch dated September 30th last past, which the Executive
Power addressed to you by the Minister of the Interior, accom-
panied by a certified copy of the act of ratification of the Treaty
celebrated between Neiv Granada and Costa Rica. The Com-
mittee has read this document, not only once but many times,
and after having given it careful attention, cannot comprehend the
reasons which could have led the Congress of New Granada to
pass the said authorization with conditions which it could not
have supposed would be admissible.

In approving the aforesaid Treaty during the past year, the
legislature was well aware of the great advantages which the Re-
public of Neiv Granada obtained, acquiring a portion of territory
to which its rights were not clearly proven, but it was desirous
of giving to the latter neighboring Republic a proof of its con-
sideration and deference, suppressing on its own behalf the ob-
stacles which were opposed to a friendly settlement of the ques-
tions as to territorial boundaries. The Committee, therefore, in
view of these facts, could not suppose that there would be a mo-
ment's hesitation on the part of New Granada in regard to the
clear ratification of the agreement referred to, without any further
demands. .

Now, when the question comes up again, and when the addi-
tional articles are read, to which an efifort is made to give the title
of explanations to be made at the time of the exchange, which
articles are really nothing more than an actual change of the
Treaty, there can be nothing but surprise that such articles should

252

have been suggested and with expressions which leave the di-
visional line uncertain and the rights of this Republic exposed,
even as regards the new demarcation which had been established
by common accord between the high contracting parties.

Besides, Sefiores, it should be observed that this act is con-
demned by the common opinion of the principal publicists, and
that if at any time it could be used as a criterion, the results of
such an example would always be harmful, for they would make
interminable questions already decided by the plenipotentiaries
authorized to state them in a treaty. In such a case the right
remains in the Governments to approve the agreements made
by their respective representatives.

The Committee notes the disagreeable impression which this
incident has left upon the mind of the Government, for notwith-
standing the occasion which is presented by this action to open
anew the negotiations, it has sought to give an example of noble
uprightness and firmness, leaving its approval subsisting, notwith-
standing the fact that the additional propositions on the part of
New Granada ought to be interpreted as a negative to the ratifica-
tion of said Treaty.

In view, however, of the substantial reasons which appear in
the despatch accompanying the said act of ratification and the
reasons stated by the Committee, it is the opinion that you will
declare :

The declarations 1, 2 and 3 are disapproved in every particular,
as submitted by the Congress of New Granada and signed at
Bogota on April 21, 1857, as being conditions inadmissible for
the ratification of the Treaty signed June 11, 1856, in the capital
of the Republic of Costa Rica.

Art. 2. Within ten months, counted from the date of the pres-
ent Decree forward, the ratifications shall be changed without
the additional articles and in the terms agreed upon in the said
Treaty.

Given, etc.

The arrangement which is proposed has been suggested to

253

the Committee by serious considerations which it is expected will
will be presented in the debate upon the said arrangement.
To the Hon. Congress:
Committee Hall, San Jose, October 19, 1857.

Nazario T01.EDO.
Pedro Saborio Alfaro.
Juan M. Carazo.
MiGUEiv Mora.
San Jose, October 19, 1857.

Having been discussed for the first time, it will be discussed the
second time at the next session.

Saenz.
Discussed the second time, the third is fixed for the next session.
San Jose, October 23, 1857.

Gonzalez, Secretary.
Sati Jose, November 4, 1857.

Discussed for the last time, it was approved in every particular.

BarroETa, Secretary.

The Minister of Foreign Relations of Costa Rica to the Doc 311
Congress of the Republic, Concerning the Ratification
of the Boundary Treaty of June 11, 1856.

San Jose, September 30, 1857.
To THE Hon. Congress : «

The Executive Power has directed me to forward for the in-
formation of Your Excellencies the Decree of April 20th last, by
which the legislative bodies of New Granada were pleased to
approve the Treaty concluded in this city on June 11th, 1856,
by the plenipotentiaries of that and of this Republic. The Execu-
tive Power submits for the consideration of Your Excellencies a
copy of the explanations which the New Granadian plenipoten-
tiary is to present at the time of the exchange of the Treaty and
also of the letter of transmission of the Minister of Bogota of
April 23, and proceeds to state his opinion about the matter.

In his view, such declarations substantially changed the text
of the clauses of the Convention of June 11th of the year last past

254

and did not contribute to the greater clearness of the stipulations
therein as regards the matter of territorial boundaries.

The Executive Power, being desirous of settling a question
which is one of the most important for the Republic, like that of
boundaries upon Nezaj Granada, was sure that it had been well
accomplished by the Treaty which Your Excellencies approved
by Decree No. 12 of September 18, 1856; but the declaration
made by the legislative body of Neiv Granada that the River
Doraces, Dorces or Dorados is the first one which is met with at
a short distance to the South-East of Punta Careta, changes the
Treaty and leaves the demarcation of the boundary uncertain in
that part.

Respecting the second and the third declarations, the Executive
believes that they involve a pretension much beyond the rights
which New Granada could allege and are a variation prejudicial
to the interests of Costa Rica made in what was agreed to and
equitably concluded with the New Granadian plenipotentiary.

By reason of the foregoing, the Executive begs that Your Ex-
cellencies will be pleased to examine with the greatest care the
declarations and decide in such a way as Your Excellencies shall
deem best for the interests of the country. It may not be too
much to suggest that it would be well, if Your Excellencies should
refuse to give your approval to the Treaty with the declarations
proposed, to grant an extension of one year, so that if New
Granada should be disposed the question of territorial boundaries
m^y be concluded as it was by the Treaty of June 11th of the
year last past.

San Jose, September ;50, 1857.

J. B. Calvo.

Doc. 312 Treaty of Limits Betv^een Costa Rica and Nicaragua, Con-
cluded April 15th, 1858.^

We, Maximo Jerez, Minister Plenipotentiary of the Govern-
ment of the Republic of Nicaragua, and Jose Maria Caiias, Min-
ister Plenipotentiary of the Government of the Republic of Costa
Rica, having been entrusted by our respective Governments with

* Moore's International Arbritrations, Vol. 5, Page 4706.

255

the mission of adjusting a treaty of limits between the two Re-
publics, which should put an end to all the differences which
have obstructed the perfect understanding and harmony, and
having exchanged our respective powers, which were examined
by Hon. Senpr Don Pedro R. Negrete, Minister Plenipotentiary
of the Government of the Republic of Salvador, exercising the
functions of fraternal 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 Min-
ister, after having discussed with the necessary deliberation all
the points in question, with the assistance of the Representative
of Salvador who was present, have agreed to and adjusted the
following Treaty of Limits between Nicaragua and Costa' Rica.

Article I. The Republic of Nicaragua and the Republic of
Costa Rica declare in the most solemn and express terms that if
for one moment they were about to enter into a struggle for rea-
son of limits and for others which one of the high con-
tracting parties considered to be legal and a matter of honor, now
after having given each other repeated proofs of good understand-
ing, 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.

Article II. The dividing line between the two Republics, start-
ing from the Northern Sea, shall begin at the end of Punta de
Costilla, 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 Vie jo, said distance to be meas-
ured 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 reach-
ing another point, which shall 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 continue in the direction of the Sapod river,

256

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 Sapod river, where
the line parallel to the bank and shore will terminate. From the
point in which the said line shall coincide with the Sapod river —
a point which, according to the above description, must be two
miles distant from the lake — an astronomic straight line shall be
drawn to the central point of the Salinas Bay in the Southern
Sea, where the line marking the boundary between the two con-
tracting Republics shall end.

Article III. Such surveys as may be required to locate this
boundary, whether in whole or in part, shall be made by Commis-
sioners 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 branch of the river and the Lake, or from the astronomic
straight line between Sapod and Salinas, 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 Republics, and, therefore,
both the advantages of their use and the obligation to contribute
to their defense shall also be common. Costa Rica 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 contribute to the defense
of the river in case of external aggression ; and this they shall do
with all the efficiency within their reach.

Article V. As long as Nicaragua does not recover the full pos-
session of all her rights in the Port of San Juan del Norte, the
use and possession of Punta de Costilla shall be common and equal
both for Nicaragua and Costa Rica; and in the meantime, 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 a free

257

port, Costa Rica shall not charge any custom duties at Punta de
Castilla.

Article VI. The Republic of Nicaragua shall have exclusively
the dominion 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 perpetual
right of free navigation on the said waters, between the said
mouth and the point, three English miles distant from Castillo
Vie jo, 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, for any other way proceeding ^om
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, of the portion thereof where the navigation is com-
mon; and no charges of any kind, or duties, shall be collected
unless when levied by mutual consent of both Governments.

Article VII. It is agreed that the territorial division made by
this treaty cannot be understood as impairing the obligations con-
tracted whether in public treaties or in contracts of canalization or
public transit by the Government of Nicaragua 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 domain and sovereign right which it has over the
same.

Article VIII. If the contracts of canalization or transit entered
into by the Government of Nicaragua previous to its being in-
formed of the conclusion of this treaty should happen to be in-
validated for any reason whatever, Nicaragua binds herself
not to enter into any other arrangement for the aforesaid purposes
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 thirty days after the receipt of the communi-
cation asking for it, if Nicaragua should have said that the de-
cision was urgent ; and, if the transaction does not injure the nat-
ural rights of Costa Rica the vote asked for shall be only advisory.

258

Article IX. Under no circumstances, and even in case that
the Repubhcs of Costa Rica and Nicaragua should unhappily find
themselves 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 es-
sentially important for the proper custody of both the port and
the river against foreign aggressions, 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 media-
tor 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 understand-
ing which is established between the Republics of Nicaragua and
Costa Rica, they mutually give up all claims against each other,
on whatever grounds they may be founded, up to the date of the
present treaty; and in the same way the two contracting parties
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 duplicate, together with
the Hon. Minister of Salvador, and under the countersign of the
respective secretaries of Legation, at the city of San Jose, in Costa
Rica, on the 15th day of April, in the year of Our Lord, 1858.

Maximo Jerez.
Jose M. Canas.
Pedro Romulo Negrete.
Manuel Rivas,
Secretary of the Legation of Nicaragua.

Salvador Gonzalez,
Secretary of the Legation of Costa Rica,
Florentino Souza,
Secretary of the Legation of Salvador.

259

The Secretary of Foreign Relations of New Granada to Doc. 313
That of Costa Rica.

Bogota, January 25, 1859.
Sir,

I have the honor to enclose to Your Excellency a copy of the
communication which I made to you under date of June 19th of
the previous year relating to the Treaty of Friendship, Commerce,
Navigation and Boundaries between the two Republics and of
territorial possession, until a new agreement could be made.

Without any response from Your Excellency, caused doubtless
by the difficulties which have presented themselves as to the safe
forwarding of correspondence, there has come to my hands, sent
by the Senor Governor of the State of Panama, the official com-
munication of which I enclose a copy to Your Excellency.

The President of the Granadian Confederation is confident
that simply bringing to the knowledge of the Government of
Costa Rica the facts which are complained of in this paper will
be sufficient for the latter to cause the offenses to cease which are
being committed against the territorial rights of sovereignty of
New Granada, and he cherishes the firm belief that this disagree-
able incident will afford an opportunity to bind still closer the
friendship and the cordial ties between the two Nations.

No one knows better than the wise Government of Your Ex-
cellency that courses of action only tend to produce other courses
of action; and that between civilized and brotherly peoples there
should be a fair and frank debate, based upon what is convenient
and just, which will lead to the peaceful settlement of all dif-
ferences.

With sentiments of the highest consideration and appreciation
I am Your Excellency's very obedient servant.

J. A. Pardo.

260

Doc. 314 Circular. Places the Settlement of Matina Under Mili-
tary Regulation and Adds to the Jurisdiction of Moin
the Coast Situated Between the Tortuguero and the
Bocas del Toro.^

Republic of Costa Rica. Ministry of the Treasury.

No. 1. National Palace, San Jose, March 10, 1859.

Circular :

The repeated complaints which have been presented to the
Government relating to the disorder into which the administration
of justice has fallen in the settlement of Matina, in police matters
and in other branches, the good conduct of which constitutes pub-
lic order ; as well as the reports which have been received respect-
ing the outrages and oppressions which have been inflicted upon
the unfortunate savages who inhabit the coast and islands near the
Port of Moin, have led His Excellency the Captain-General Presi-
dent of the Republic to issue the following resolution :

1. From the date of the publication hereof, the settlement of
Matitm shall be subject to military regulation and added to the
jurisdiction of the Port of Moin.

2. There shall be likewise added to the same jurisdiction the
other points of the coast which are found to be settled between
Bl Tortuguero and the Bocas del Toro, as well as the immediate
islands.

3. Consequently, the Governor and Military Comrnander of
Moin shall see, as far as circumstances will permit them to do so,
that there is order and regularity at the above points ; being au-
thorized hereby to appoint military and police judges, to remove
them whenever just cause demands it and to expel wicked persons
who come there without any useful purpose or with only the ob-
ject of injuring the settlers under the pretext that they are sav-
ages.

4. The present resolution shall be laid before the Honorable
Congress at its first meeting.

I communicate this to you for your information and for other
purposes.

May God guard you. Canas.

* Collection of Laws of Costa Rica ; vol. xvi, p. 16.

261 ^ I

Constitution of Costa Rica. Doc. 315

December 26, 1859.

"Art. 4. The territory of the RepubHc is embraced within the
following limits : upon the side which borders upon Nicaragua,
those fixed by the treaty made with that Republic on the 15th of
April, 1856 ; upon that of New Granada, those of the uti possidetis
of 1826, except so far as determined by subsequent treaties with
that Nation ; and upon the other sides, the Atlantic and Pacific.

Treaty Between Great Britain and Nicaragua Relative to Doc, 31S
the Mosquito Indians and to the Rights and Claims of
British Subjects. Signed at Managua January 28,
1860.^

Art. I. On exchanging the ratifications of the present Treaty,
Her Britanic Majesty, subject to the conditions and engagements
specified therein, and without prejudice to any question of bound-
ary between the Republics of Nicaragua and Honduras, will rec-
ognize as belonging to and under the sovereignty of the Republic
of Nicaragua the country hitherto occupied or claimed by the
Mosquito Indians within the frontier of that Republic, whatever
the frontier may be.

The British protectorate of that part of the Mosquito territory
shall cease three months after the exchange of the ratifications
of the present Treaty; in order to enable Her Majesty's Govern-
ment to give the necessary instructions for carrying out the stipu-
lations of said Treaty.

Art. H. a district within the territory of the Republic of
Nicaragua shall be assigned to the Mosquito Indians, which dis-
trict shall remain, as above stipulated, under the sovereignty of
the Republic of Nicaragua. Such district shall be comprised in a
line, which shall begin at the mouth of the river Rama, in the

* Extracts from Senate Ex. Doc. No. 194, 47th Congress, 1st. sess.

^ 262

Caribbean Sea; thence it shall run up the mid course of that
river to its source, and from such source proceed in a line due
west to the meridian of 84° 15' longitude west from Greenwich;
thence due north up the said meridian until it strikes the river
Hueso, and down the mid-course of that river to its mouth in
the sea, as laid down in Baily's map at about latitude from 14° to
15° north, and longitude 83° west from the meridian of Green-
wich ; and thence southerly along the Caribbean sea to the mouth
of the river Rama, the point of commencement. But the district
thus assigned to the Mosquito Indians may not be ceded by them
to any foreign person or state, but shall be and remain under the
sovereignty of the Republic of Nicaragua.

Art. VII. The Republic of Nicaragua shall constitute and de-
clare the port of Greytown, or San Juan del Norte, a free port
under the sovereign authority of the Republic. But the Repub-
lic, taking into consideration the immunities heretofore enjoyed
by the inhabitants of Grey town, consents that trial by jury in all
cases, civil or criminal, and perfect freedom of religious belief
and worship, public and private, such as hitherto been enjoyed
by them up to the present moment, shall be guaranteed to them
for the future.

(iv. s.) (s) Charles Lennox Wyke.

(l. s.) (s) Pedro Zeledon.

263

Decree XXVII. Authorizing the Executive Power to Doc. 317
Make a Contract with Mr. Thomas Francis Meagher for
a Railway Between Bocas del Toro and Dulce Gulf.^

San Jose, July 9, 1860.

The Senate and House of Representatives of Costa Rica in
Congress assembled:

Under the authority granted by Clause 4 of Art. 90 of the Con-
stitution,

They Decree:

Sole Article : The Executive Power is authorized to make with
Mr, Thomas Francis Meagher, the representative agent of Mr.
Ambrose W. Thompson, a citizen of the United States of the
North, a contract for the construction of a railway between Bocas
del Toro and Dulce Gulf, respecting in everything the approved
bases which are annexed.

To the Senate :

Given in the Session Hall in the city of San Jose on the 9th day
of the month of July, 1860.

Julian Volio, President.
Andres Saenz, Secretary.

Let it be sent to the Supreme Executive Power:

Senate Chamber; San Jose, July 13, 1860.

ManuEIv J. Carazo, President.

Jose Santiago Ramirez, Secretary.

Francisco Montealegre, Secretary.
National Palace, San Jose, July 18, 1860.

Let it be executed :

Jose Maria Montealegre.
The Secretary of State in the Department of the Treasury :

Vicente Aguilar.

* Collection of Laws of Costa Rica ; vol. xvi, p. 198.

264

Doc. 318 Lieutenant Jeffers, U. S. N., to Captain Engle, Command-
manding Chiriqui Commission, U. S. N.

Washington, January 22, 1861. ^

Sir: Having been charged with the survey of the harbors at
the termini of the proposed road across the Isthmus of Chiriqui,
I have the honor to submit the following report, accompanied by
a chart of the harbor of Golfito, the Pacific terminus.

In the prosecution of the duties assigned me as hydrographer
to the Chiriqui commission, I submit the following plan of the
objects of my survey :

On the Atlantic side: 1. An examination of the Boca<s del Toro^
Drago, and Tigre, to see if any changes had taken place in the
twenty years elapsed since the survey of Commander (now Cap-
tain) Barnett, R. N., in 1838. 2. A detailed survey of such
points as should be indicated as suitable termini for the proposed
road. 3. Whenever the ship should be moved, to verify the
general chart of the lagoon.

The distinguished reputation of Captain Barnett as a surveyor
was a sufficient guarantee of the fidelity of the original surveys >
I was therefore content to recover several of the prominent points
of the survey, and from them fix the positions of the additional
soundings, which I plotted directly upon his published chart.

These soundings were principally taken upon the leading lines
and ranges in, and I find that no material changes have taken
place at either of the entrances into the lagoon, and that his
original ranges still afford excellent marks for entering the
various harbors. Indeed, these were so prominent and well
marked, and so satisfactory were the very first examinations, that
the United States steamer Brooklyn, under the command of
Captain Farragut, was, with perfect confidence, run into every
part of the lagoon without the aid of a pilot.

In the absence of any information as to the probable terminus
of the proposed road, I made a detailed survey on a large scale
of the portion of the coast between the mouths of the Guaromo
and Rohalo rivers, the only point suitable in a hydrographic

' 36th Congress, 2d Session, House of Representatives, Ex. Doc No. 41.

265

point of view. The most favorable spot is at the mouth of
Frenchman's creek, where an indentation of the shore-line forms
a small bay, 800 yards in width, which has been named Toucey
Bay.

At this point, five fathoms water is found at a cable's length
from shore ; three fathoms within thirty yards. Piers could then
be. run out to sufficient depth of water at a small expense. The
average rise of the tide is one foot five inches. The anchorage
unexcelled. This anchorage is open to northerly and easterly
winds ; but from the best information I was able to obtain, they
never blow with sufficient force to raise an injurious sea.

In order to obtain an anchorage of undoubted security, I also
examined Shepherd's harbor, to which point the road could, with-
out difficulty, be taken. This is a completely land-locked basin,
with great depth of water everywhere sufficiently near its shores
for the formation of piers at small expense.

In short, no finer harbors than these can be found, and they
are so faithfully laid down by the English surveys that a con-
sultation of the charts will give a better idea of them than any
description.

After completing the surveys on the Atlantic side, I proceeded
to Panama to await transportation to the Golfito in the Golfo
Dulce, the Pacific terminus. Owing to various causes hereto-
fore reported on, it was not until after a delay of upwards of a
month that I was enabled to reach Golfito, to which place myself,
assistant, and a boat's crew from the United States ship St.
Mary's, were, by the liberality of the Panama Railroad Com-
pany, conveyed gratis in their steamship, the Guatemala, which
touched off the port for me on her return. I would here express
my acknowledgments to the superintendent of the company, and
to Mr. Wm. Nelson, their commercial agent at Panama, also to
Captain John N. Dow, of the Guatemala, for their kind atten-
tion and assistance. Also to Commander Wm. D. Porter and
Lieutenant Balch, executive officers of the United States ship
St. Mary's, for the complete and careful equipment of the boat
furnished by that ship.

As the Golfito had never been regularly surveyed, it became

266

necessary to make a complete trigonometrical survey, which^
with the aid of Second Assistant Engineer G. B. N. Tower^
United States navy, was successfully accomplished by the time
fixed for the return of the Guatemala.

This beautiful harbor, situated twenty miles from the Punta
del Banco, on the eastern side, and midway between the entrance
and bottom of the Gulf of Dulce, is unsurpassed in natural fa-
cilities.

Favorably situated for entering with the sea breezes and leav-
ing with those from the land, both of which are regular, there is
no bar or other obstruction at the entrance, which is upwards
of half a mile (1,200 yards) wide and about a mile in depth, with
an excellent anchorage on good holding ground, in five, seven,,
and twelve fathoms; having the chart, no other guide than the
eye is necessary. This outer harbor is separated by a sand spit,,
a mile in length by a few feet in width, (around the northern
extremity of which there is an excellent channel, eight hundred
yards wide, with upwards of five fathoms of water,) from the
inner harbor, four miles in length, with an average breadth of
one mile.

The inner harbor has about a square mile of anchorage, with a
depth of five fathoms, (sufficient for the largest ships,) and
about three square miles of anchorage for vessels of a smaller
size.

On the northeast side of the harbor opposite the entrance,*
there is a range of hills several miles in length, parallel to the
coast line, of an average elevation of about fifteen hundred feet,,
leaving a strip of level generally of but a few yards in width
between their bases and the shore line. On this side of the har-
bor and for a distance of upwards of three miles, not less than
five fathoms of water is found within half a cable's length of
shore, affording ample room for wharves sufficient to accommo-
date any probable number of vessels frequenting the harbor, if
the proposed road should be built.

Three streams — the Golfito at the eastern, and the Corisal and
Caiiasa at the northwestern extremity — empty into the harbor;

267

neither of these navigable, buf either affording an ample supply
of fresh water for the proposed town.

There is one level spot sufficient for the site of a large town ;
but the several valleys running back from the shore, in the ag-
gregate, would give about a square mile of suitable building sites.
The whole surface, to the tops of the highest hills, is densely
wooded, excepting the sand spit and a small spot of about three
acres near the entrance, under cultivation. A great variety of
these woods are valuable for ship building or for other con-
structions; different woods excelling in the qualities of durabil-
ity, hardness, and strength.

The cocoa-nut and caoutchouc or India-rubber trees are abun-
dant. One family resides at the harbor, but on the opposite side
of the Gulf of Duke, at Punta Arenas, there is a village of some
thirty families, and small settlements exist at several other points.

The survey was commenced in the worst month of the rainy
season; but as it seldom began to rain before 3 p. m., I exper-
ienced no difficulties in the prosecution of the work from this
cause. From 3 p. m. until midnight the rain was usually heavy
and continuous, but the mornings were clear and pleasant, the
temperature cool and agreeable — average, 6 a. m.^ 74°, meridian,
83°, 3 p. m., 84°, 6 p. m., 78°.

Shortly after my arrival at Golfito, Lieutenant Morton, United
States army, in charge of the topographic party, arrived in a
state of destitution — in want of money and supplies — both of
which I furnished in sufficient quantity to enable him to continue
his reconnoissance.

I was also applied to by the governor of Gulf of Duke, re-
questing me to render him assistance in apprehending some law-
less characters at Punta Arenitas who defied his authority. I
did not consider that it would be expedient to assist him further
than by a loan of arms and ammunition, the mere sight of which
in his hands caused them quietly to submit and be shipped off in
irons to Punta Arenas, in the Gulf of Nicoya.

It is, perhaps, as well to mention that the whole of the Gulf
OF DuLCE, as far as Point Burica, is under the political juris-

268

diction of Costa Rica, and that eighteen political prisoners, com-
prised in the late attempt at revolution under ex-President Mora,
had been banished to, and were daily expected at, Punta Arenitas
when I left.

The only remaining point to be considered is the grant of land
to the United States government, under the contract with the
Chiriqui Improvement Company. If the road should be opened,
I am of the opinion that the lands would become very valuable.
Without that condition they are valueless, as large tracts of va-
cant land can be obtained by the process of denouncement, gratis.

Very respectfully, your obedient servant,

WlLUAM N. Jeffe^s,
Lieutenant, Hydrographer of Chiriqui Commission.

Captain Frederick Engle,

Commanding Chiriqui Expedition, United States Navy.

Doc, 319 The Minister of Foreign Relations of Costa Rica to the
Minister of the Republic at Washington, Don Luis Mo-
lina, Concerning the Usurpations of the New Granadian
Authorities of Chiriqui.

San Jose, October 15, 1862.

The anomalous position in which General Herran is placed^
is to be regretted, and we also deplore the prolongation of the
civil war in New Granada, for the position of that Government is
embarrassing by reason of the acts which the authorities of Chiri-
qui are committing upon our territory. Those authorities, in-
stigated, perhaps, secretly by the General Government or by the
faction which now dominates at the Isthmus, have occupied the
shores of Burica upon the Pacific, and overstepping the ancient

* General Don Pedro A. Herran, Minister of the Granadian Confedera-
tion in Washington, who occupied the same position in Costa Rica in
1856, and whose powers were really ended by the entry into power of the
liberal party, headed by General Mosquera and Senor Murillo. M. M. P.

2b9

bounds of the River Chiriqui-viejo they have established pubHc
officials fifteen leagues beyond that line.

This Government would like to suggest the arbitration of Chile
to terminate this matter, as soon as there is a government defi-
nitely constituted in New Cranada. What is the opinion of Your
Excellency as to this?

I am with the greatest consideration,

Franco. M. Iglesias.

The Minister of Foreign Relations of Costa Rica, Don
Julian Volio, to the Minister of the Republic at Wash-
ington, Don Luis Molina, Concerning the Usurpations
of the New Granadian Authorities of Chiriqui.

San Jose, July 31, 1863.

The following despatch has been forwarded to me by the Min-
istry of the Interior:

No. 11. National Palace, San Jose, July 29, 1863.

To the Hon. Secretary of State in the Department of Foreign
Relations and Public Instruction:

The Governor of the District of Puntarenas has forwarded to
this Secretaryship the following note, which the Political Chief
of Duke Gulf addressed to him under date of the 24th instant :

"Senor: I am assured by different reliable residents that the
Assembly of the State of Panama has passed a law providing
for the leasing of the cocoanut groves on the Coast ot Burica
as far as the River Bsquinas within this Gulf, having included
under the rental the following points: Banco, Coto, and Golfito,
inhabited now by a third part of the residents of this Canton;
in which localities there are public officials appointed by this
Authority.

"Also, there are embraced San Jose and San Joseito, places
where different plantations and agricultural operations are con-
ducted by these residents.

"As there is no doubt that this is purposely instigated, inas-
much as already there are public announcements and bids being
made, I trust that the Citizen Governor will be pleased to point
out for me the line of conduct that should be observed with the

270

one or more purchasers to whom the places to which I have re-
ferred appear to have been knocked down.

"This scandalous act on the part of the State of Panama,
without any true demarcation having yet been made between the
Republics of New Granada and Central America, should be
brought to the knowledge of our Government. For these reasons
I inform you of it, for such purposes as you may deem proper.

"I ought also to state to you, Senor Governor, that upon the
shores of Burica there are officials on the part of that Govern-
ment, and that the distance from the location of the beaches of
Banco is ten leagues more or less. This part of the land is the
only one that is not inhabited on the part of the two Nations."

By supreme order I have the honor to transmit it to Your
Worship for your information and the proper purposes, sub-
scribing myself your obedient servant,

Juan J. Ulloa.

Therefore, the Sefior President desires to know your opinion,
as to whether it would be best to send to Your Excellency special
powers, suggesting at the same time to the Government of the
United States of Colombia that they should do the same thing
as regards their Minister at Washington, and that there the
rights of each one of the two Republics should be discussed,
signing a treaty which should put an end to so troublesome a
question.

I am. Your Excellency, etc.

J. Vouo.

Doc. 321 The Minister of Foreign Relations of Costa Rica Don
Julian Volio, to the Minister of that Republic in Wash-
ington.

• San Jose. September 30, 1863.

Notwithstanding the opinion expressed by Your Excellency in
your esteemed despatch No. 44 of the 2nd instant, that this Gov-
ernment should address to that of the Colombian Confederation,
promptly and energetically, a note with proper proofs, concerning
the usurpations which the agents of that Republic have committed

271

upon our frontiers, in order to prevent any act which might
change the statu quo and maintain the uti possidetis until the
respective boundaries can be fixed by negotiation, the Govern-
ment, knowing the tendencies which have always been manifested
by the neighboring State, its constant endeavor to appropriate the
valuable ports of Bocas del Toro and Dulce Gulf and the steady
refusal to recognise the rights of Costa Rica over the territories
in question, believes that not only would no progress be made
by such a note, but that it would be more likely to excite animos-
ity and impede the peaceful and equitable solution ; for which
reason it is deemed better to at once invite the Government of
the Confederation to end, either by a settlement or an arbitra-
tion, this annoying question, without making reference to the
abuses recently committed by the Legislature of Panama.

It would be proper in such case for Your Excellency to suggest
to Sehor Murillo that he ask from his Government the instruc-
tions and powers necessary to take up that matter and determine
it by one of the methods proposed.

If, notwithstanding what I have stated. Your Excellency be-
lieves that it should be preceded by the note making a claim in-
dicated in the despatch to which this is an answer, the Govern-
ment will listen to the substantial reasons upon which Sefior
Molina is always accustomed to base his opinion.

With the greatest consideration, etc.

J. Vouo.

Protocol of Conferences Between the Minister Plenipoten- q^^.
tiary of Costa Rica, Dr. Don Jose Maria Castro, and
the Plenipotentiary of the United States of Colombia,
Dr. Don Teodoro Valenzuela.

Bogota,. 6 to 30, March, 1865.
I. In the city of Bogota, on the 6th of March, 1865, being the
time fixed previously for the beginning of the meetings, the Pleni-
potentiaries, Dr. Jose Maria Castro, Envoy Extraordinary and
Minister Plenipotentiary on the part of the Republic of Costa
Rica, and Dr. Teodoro Valenzuela on behalf of the United States
of Colombia, met at the place agreed upon and having exchanged
authentic copies of their respective full powers and finding them

272

sufficient and in good and due form, the Plenipotentiary of Costa
Rica said :

That with the purpose of an orderly discussion and upon a
proper basis, he had the honor to submit for the consideration
of the Colombian Plenipotentiary a draft of a treaty, containing
stipulations relative to the different points of friendship, com-
merce, navigation and boundaries, which are to be the object of
the conferences.

The Colombian Plenipotentiary stated that he accepted it as a
basis for discussion and that upon carefully examining it as the
importance of the matter required he would have the honor to
submit his views concerning such draft at the next conference,
which was fixed by mutual agreement for Saturday, the 11th of
the present month, at the hour of 12 and at the same place.

Jose Maria Castro.
Teodoro Valenzuela.

Draft of a Treaty, to Serve as a Basis for Discussion at
THE Conferences of the Plenipotentiaries of Costa Rica
AND Colombia, Presented by the Plenipotentiary of the
Former.

Art. 39. The Republic of Costa Rica and the United States of
Colombia fix and irrevocably recognise as the common, perpetual
and exclusive boundary of their territories throughout the part
where they border upon each other, a straight line which, starting
from the Punta de Burica upon the shore of the Pacific Ocean,
terminates at the most extended point of the East shore of the
Island ''Bscudo de Veragiias," in the Atlantic Ocean. Conse-
quently, Costa Rica irrevocably and forever renounces in favor
of the United States of Colombia all right which it may have to
any part of the territory which remains to the East of such line so
fixed; and the United States of Colombia, in the same manner,
renounces in favor of Costa Rica all the right it may have to any
part of the territory which is left to the West of the same fixed
line, with the exception of the Islands of Providence, Santa CatOr-
lina, San Andres, Albuquerque, Mangle Grande, Mangle Chico
(Big and Little Corn Islands) and the rest that make up the
District known under the name of ''Canton of San Andres,'*
which shall continue to belong to Colombia.

273

It is to be noted that for the determinaiion ot the locahties
referred to in this Article the names have been used which have
been given respectively thereto upon the Chorographic Map of
the State of the Isthmus of Panama, prepared by order of the
Government, by the Colonel of Engineers Agustin Codazzi, in
1854, the original of which has been examined.

Draft of a Treaty Submitted by the Colombian Plenipo-
tentiary TO THE Like Representative oe Costa Rica.^

Art. I it. The two Republics fix as common boundaries be-
tween their respective territories a line which, beginning upon
the coast of the Pacific Ocean at Punta Burica at 83° 13' West
longitude of the meridian of Greenwich, proceeds in a straight
line to the sources of the River Agua Clara, at the highest
point where its waters take their origin ; from thence, continuing
by another straight line to the summit of the Cordillera of Las
Cruces; from thence along the crest of this same Cordillera to
the source of the River Doraces, Dorces or Dorados; and down
this river in the middle of its main channel to its outlet into the
Atlantic Ocean. In consequence, the United States of Colombia
renounces in favor of Costa Rica the right which it may have to
the territory which is left upon the West of the line stated, not
including in this renunciation the coast embraced between the
River San Juan del Norte and Cape Gracias a Dios upon the
Atlantic, nor the Islands of Providence, Santa Catalina, San
Andres, Albuquerque, Mangle Grande, Mangle Chico and the
others that belonged to the old Province of Cartagena^ under the
name of ''Canton de San Andres," the territories of which shall
continue to belong to the United States of Colombia.

Art. IV. In order that these boundaries may be fixed with
physical precision, the two Republics will appoint a commission

'This draft is the same as the Calvo-Herran Treaty of 1856, with the
additions made by the New Granadian Congress of 1857 and with a new
aggravation, since it included the coast embraced between the River
San Juan del Norte and Cape Gracias a Dios as belonging to the United
States of Colombia; an assertion contrary to the facts, to the agreed
principle of the uti possidetis of 1810. created and invoked by Colombia
and to positive International Law. This draft was not accepted by the
Plenipotentiary of Costa Rica. M. M. P.

274

which shall do this within the period of two years, which shall
have for a basis the following declarations :

1. That in no case shall there be left within the limits of either
one of the two Republics, settlements of establishments which at
present may belong to the other.

2. That the River Doraces, Dorces or Dorados, fixed by the
preceding Article as the terminus of the division line upon the
Atlantic Ocean, is the first river which shall be found towards
the South-east from Punta Carreta, commonly called Punta
Monos; and

3. That the private concessions made by the Colombian author-
ities in the neighborhood of Dulce Gulf shall be inviolate, and
the parties interested in them shall not be disturbed in their pos-
session, but in a general way the same rule respecting titles of
private property shall be respected in the territory as in that which
is left embraced within the limits of Costa Rica, under the present
treaty.

II. In the city of Bogota, on the 15th of March, 1865, it hav-
ing been agreed upon previously by the Plenipotentiaries to post-
pone until this day the meeting for the 11th of March, they met
in the same place at the hour fixed, and the Colombian Plenipo-
tentiary said:

That he had carefully examined the draft of a treaty which
Senor Castro had done him the honor to submit to him, and
that although he did not reject it wholly, he deemed it best in-
stead of discussing it section by section, to present another draft
for the consideration of the Plenipotentiary of Costa Rica, es-
pecially so that the latter should understand the point of view
taken by the Colombian Government as to the questions involved
in the negotiations.

Thereupon, he made various indications in reference to the
principal articles of his draft, upon the idea that his Govern-
ment considered points as prominent therein ; one relating to
the principles which it was desired Costa Rica should exhibit
as a means of strengthening the friendly relations between the
two countries and founding a rule of polity which, starting from
a common basis, should serve as the foundation for the identity
of their institutions; and the other relative to the territorial

275

boundaries which, for the United States of Colombia, were in a
certain sense secondary, believing that the true interest of Colom-
bia lay in favoring Costa Rica, giving to it the territory that it
would need upon the Atlantic, provided there should not be in-
cluded therein any city, town or municipality which should be ad-
ministered by the Colombian authorities or under its laws.

The Plenipotentiary of Costa Rica said that as regards tht
principles, he would accept very willingly all those which did not
conflict with the Costarican Constitution; and that as to the
boundaries, those of the draft being the same as those fixed by
the treaty of 1856, which had not been changed, he considered
them upon the whole as not acceptable on his part.

The Colombian Plenipotentiary stated that those boundaries
were not definitive ones for him but that he submitted them, in
a certain sense, as subordinated to the questions as to principles.

After various observations along this line by each of the Pleni-
potentiaries, the one on behalf of Costa Rica said :

That he reserved the right to make in the subsequent meetings
the indications or modifications which he might deem desirable in
the Articles of the draft of the Colombian Plenipotentiary, doing
so in accord with the instructions of his Government and without
leaving the ground upon which the draft placed the questions,
for as far as he was concerned it was satisfactory to disregard
the old dispute concerning the legal boundaries and treat upon a
footing of fraternity and mutual desirability for both countries.

Thereupon, it was agreed that the next meeting should be later
fixed and by common accord.

Jose Maria Castro.
Teodoro VaIvEnzue;la.

III. In the city of Bogota on the 17th day of March, 1865.
Having met by previous and common arrangement, at 11 a. m.
this day, at the same place where the former meetings were held,
the Plenipotentaries of Costa Rica and Colombia proceeded in
their third meeting as follows :

The Plenipotentiary of Costa Rica stated; that he had ex-
amined the above draft; that it was not possible for him to accept
Arts. Ill, IV, and V, because it was not allowed by his instruc-
tions, because what was contained in them was that which, also

276

contained in the Calvo-I Jcrran Treaty, caused Costa Rica to de-
cline to accept that treaty, and because it was not in accordance
with the right which the Republic beUeved it had, nor what was
expedient, according to many reasons which he stated.

Also he said that upon the basis of Arts. Ill, IV, and V men-
tioned he could not accept the VI and VII because they would'
require a change in the Constitution of Costa Rica which could
only be accomplished by considerations of greater import.

He also said that he noted in the draft referred to a lack oi
stipulations relating to the extradition of criminals for ordinary
offenses and that he insisted upon what was proposed by him
concerning the matter in Art. V of his own draft, as well as what
was contained also in XXXIX of the same referring to bound-
aries. In conclusion, he said that once having agreed upon the
cardinal points, he would accept the other Articles proposed by
the Colombian Plenipotentiary with some slight modifications
based upon reasons that he would set forth in du€ course.

The Colombian Plenipotentiary said, that since the Congresses
of both Republics had accepted the Treaty of 1856, the bound-
aries stipulated therein ought not to be considered as wholly in-
admissible ; and that in the same way that Colombia did not seek
to reproduce its old claims, but took as a basis the draft of 1856,
it would seem but natural that Costa Rica should do the same
on its part ; but that he had already had the honor to state at the
previous meeting that his Government did not insist upon such
boundaries as final, but his cardinal thought was otherwise; and
that he would refer to the questions of prinicples and to the desire
of favoring Costa Rica as much as possible, as an efficient means
of assuring the friendship of that Republic and giving an ex-
ample worthy of imitation in the relations of the American
peoples.

Respecting Arts. VI and VII he observed, that they contained
what was in the view of his Government the true and desirable
basis for American union, which consisted in the support of the
republican system or union recognised as indispensable for the
security of the Continent; and that Colombia in honor ought to
insist upon them, inasmuch as they showed that it gave due im-
portance to moral considerations since it preferred their triumph
to the attainment of material advantages.

• 277

And finally, that if Costa Rica had a Constitution which was-
irreconciliable with the principles of liberty established in Colom-
bia, it was to a certain extent impossible for it to treat with the
latter Republic, which could not be supposed.

As regards the stipulations relating to the extradition of crimi-
nals for ordinary offences, he said it was left out of the draft with
a deliberate purpose, since his Government adhered to the prin-
ciple that a delinquent upon whom was imposed the grave penalty
of expatriation, when he had to breathe the air of a foreign
country and a different moral atmosphere from that which he
had transgressed, was by that very fact severely punished, and
it was better to leave him far from the scene of his offenses,
where he might feel himself rehabilitated in his own eyes, than
to reach out to prosecute him in a foreign country with an im-^
placability like that of ancient justice, but foreign to the ideas
which the modern criminal law has introduced into civilized
countries.

The Costarican Plenipotentiary said, that always respecting
the constitutional principles of his country, he would at the next
meeting propose various articles which in his opinion would meet
the exigencies of the two parties.

Both of the Plenipotentiaries discussed alternately, in this
strain, the ideas previously stated, and by common accord the
next meeting was set for 12 o'clock on the next day, thus closing^
this meeting.

Jose Maria Castro.
Tkodoro Val^nzuela.

278

Doc. 323 Treaty of Friendship, Commerce, Navigation and Boun-
daries Between the Republic of Costa Rica and the
United States of Colombia.

Bogota, March 30, 1865.

Art. 1. There shall be perpetual and loyal friendship between
the Republic of Costa Rica and the United States of Colombia.

Art. 2. The two Republics fix as common boundaries between
their respective territories, a line which, beginning upon the
coast of the Pacific Ocean, at Punta Burica, at 83° 13' of longi-
tude West of the meridian of Greenwich, shall run along the
hills from that point toward the peak of Limoncito ; from thence,
in a straight line to the source of the "River Chiriqui-viejo" at the
highest point where its waters take their origin; from thence in
an easterly direction along the crest of the Cordillera which sepa-
rates the waters of the two oceans, passing by the peak of "£/
Picacho" that of ''Bl Horqueta" that of "La Cumbre de la Play-
ita," the peak of "Bl Hornito/' as far as the hill of ''Santiago'' ;
from this hill in a straight line toward the North to the source
of the River "Caiiaverar ; thence by the main channel of this
river to its outlet in the Atlantic Ocean. Consequently, the United
States of Colombia renounces in favor of the Republic of Costa
Rica its rights over the territory which is left on the West of the
line inclicated as far as the River ''San Juan del Norte," which
empties into the Atlantic Ocean ; not including in this renunciation
the Island of "Bscudo de Veraguas' and those of "Providence,"
"Santa Catalina," "San Andres," "Albuquerque," "Mangle
Grande," "Mangle Chico," and others that belonged to the old
Province of Cartagena, under the name of "Canton de San An-
dres," the territory of which shall continue to belong to the United
States of Colombia.

Art. 3. In order that these boundaries may be fixed with physi-
cal precision, the two Republics shall appoint a mixed commis-
sion, which shall undertake this one year after the request is
made by either one of them. This commission shall proceed to
discharge its duty governed by the chorographic map of the
Isthmus of Panama prepared under the order of the Granadian

279

Government by the Colonel of Engineers Agustin Codazzi in
1854, the original of which has been examined for the stipulations
of Art. 2.

The Minister of Foreign Relations of Costa Rica, to the Doc. 324
Secretary of State of the Government of Panama, Con-
cerning New Invasions by the Colombian Authorities
Within the Territory of Dulce Gulf.

San Jose, January 25, 1870. -

Under date of the 31st ultimo a communication was received in
this department from the Political Chief of Dulcc Gulf, in which
he gives an account that in the month of November last a com-
mission composed of four persons, sent by the authorities of
Chiriqui, presented itself at the little village of "Bsperanza,'' and
announced that from that date not only the village but also the
territory embraced as far as the middle of the Gulf was the de-
clared territory of Panama under the provision of the legislature
of that State.

He also says that this commission undertook to take the census
of the cattle owned by the residents for the purpose of collecting
the tax imposed by a State law upon them ; and lastly that several
residents being frightened and afraid have abandoned crops and
have sought refuge in the interior of this Republic.

The Captain of the Port of Moin also reports that from "Bocas
del Toro" officials have been stationed at the outlet of the Sixola,
a territory like that of Dulce Gulf not disputed to Costa Rica in
any of the negotiations which have been carried on with Colombia
concerning boundaries, a procedure which is all the more prejudi-
cial to Costa Rica inasmuch as that River is the key of communica-
tion with settlements of the Republic and one of the arteries of
its commerce.

The undersigned has not been able to give entire credit to such
reports, because he can not conceive that the officials of the State
of Panama would undertake a procedure so contrary to the prin-
ciples of the most ordinary usage of International Law.

For this reason and before directing a claim to the General
Government of Colombia, which under the Federal compact has

280

charge of international relations, he desires to ascertain through
Your Honor the truth as to these acts, as to whether such meas-
ures may have been executed by order of the authorities of the
State, or whether the fact of the existence of the commission
being admitted and the latter not having received any order from
the Government of the State for such an irregular procedure,
those who have thus sought to disturb the peace and good under-
standing which happily exist between Costa Rica and Colombia
shall be duly punished.

The undersigned relies upon the wisdom of the members who
compose the Government of the State of Panama, in the expecta-
tion that the harmony will be maintained which should exist be-
tween brotherly and neighboring peoples; and that at all events
their action will bear the stamp of the rules which govern among
civilized Nations.

The undersigned takes this opportunity to offer to Your Honor
the assurance of his distinguished consideration.

A. Jimenez.

Doc. 325 The President of the State of Panama, to that of the Re-
public of Costa Rica, Concerning the Colombian In-
vasions at Dulce Gulf.

. United States of Colombia.

Sovereign State of Panama.

Presidency of the State.

Panama, May 21, 1870.
Sir,

Under date of February 4th last and in a note numbered 59
of the Department of Government an acknowledgement was
made to the Minister of Foreign Affairs of your polite official note
dated January 25th previously in the city of San Jose, which
was for the purpose of stating that a communication had been
received from the Political Chief of Dulce Gulf making a report
that in the month of November, 1869, a commission composed
of four persons, sent by the authorities of Chiriqui, presented
themselves at the little village named "La Bsperanza," and an-

281

nounced that from that day not only that village but the territory
to the middle of the Gulf was declared territory of this sovereign
State of the Colombian Union, by the provision of its legislature ;
the same commission undertaking to take a census of the cattle
of the residents in order to collect the tax due thereon to this 'State,
and that various inhabitants frightened and afraid had aban-
doned their crops and sought refuge in the interior of the Re-
public. „ A

In this note it is also stated that the Captain of the Port of
Moin reports to your Department that from ''Bocas del Toro"
officials have been stationed at the mouth of the river Sixoula, a
territory, like that of Dulce Gulf, not disputed to Costa Rica in
any of the negotiations which have taken place concerning bound-
aries between Colombia and the said Republic.

Notwithstanding, while it is properly stated in his note by the
Seiior Minister, that the General Government of the Union is
charged with everything concerning the foreign relations of our
neighboring and friendly nationaHties, as an act of deference to-
ward the Supreme Government of your Republic as well as
like interest respecting ours, reports in detail were asked for
from the Prefects of the Departments of Chiriqui and of Colon,
to the latter of which is annexed the District of Bocas del Tore.

The officials to whom 1 have referred have made such reports
and it is with no little concern that I must tell you that they do
not correspond with what was communicated in the despatch to
the Sehor Minister by the Political Chief of Dulce Gulf and the
Captain of the Port of Moin.

Both settlements appear to be situated upon Colombian terri-
tory, if attention be paid, as it should be, to the ancient and mod-
ern boundaries which separated Colombia from the Republic of
Costa Rica, and in both settlements the officials of this latter
Republic appear as exercising improper acts and those contrary
to the principles and the most ordinary usage of international
law.

It appears that the Political Chief of Dulce Gulf appointed
as the head authority in an old cattle ranch developed by Colom-
bian citizens and abandoned by its late holder the Priest Jose del
Carmen Villamar y Arna a person named Mariano Tello, who

282

took possession of that location, exercising thereupon functions
of simple authority in a settlement to which the name was given
of the hamlet of La Bsperansa. Some of the residents of the
District of Alanje took refuge there with their cattle, taking
advantage of this method of acting to evade the payment of the
tax levied by the State law which is placed in the Isthmus upon
the cattle-breeding industry.

The Captain of the Port of Moin, it is asserted, is doing the
same, invading the Colombian village of "Si.voula," situated upon
the Eastern side of that river, and the persons Jose Maria Fig-
ueroa, one named Don Juan employed upon the road which is
being constructed from IJmon to Cartago, Serapio Obando and
other Costaricans, entered therein, they removed the Colombian
Corregidor Francisco Aguirre and appointed Senor Th. N. as prin-
cipal Alcalde and Senor Thomas Downes as deputy, imprisoning
the Corregidor and his wife, etc.

The information collected shows serious assaults upon the per-
sons and property of those established in said village under the
shelter and protection of the liberal laws of Colombia, greatly
outraged by the so-called authorities of Costa Rica, among whom
appears the name of one of the highest in the administrative hi-
erarchy of its Government, the Vice President of the Republic,
who had just arrived at the Port from Limon when it was talked
of whipping the one commissioned by the Colombian authorities
to undertake the census of the population of the village, and who
having been seized therein was conducted bound to Moin, in the
jail of which place he was afterwards put in the stocks. The
citizen Vice President of the Republic, brother of Sefior Jose
Maria Figueroa, prevented the whipping, taking the Commis-
sioner V. Aguilar out under the condition that he leave Costa-
rican territory.

The Executive Power of the State would not credit what has
been above stated and other acts which are said to have been
committed by persons of Costa Rica, if it did not have before it
an ofificial proof that the invaders of the Sixoula proceeded under
the express authorization of your Government, as was declared
to the highest political authority of Bocas del Toro by the Gov-
ernor and Military Commander of the District of the Port of

283

Limon, from Old Harbour, on the 30th of April last, in a note
which together with the despatch will be duly considered by the
Supreme Government of Colombia. On the part of the Executive
Power of the State, while regretting the occurrences upon the
Sixaohj there would be now the best disposition to settle these
matters promptly and satisfactorily, if, as has been saiff, there was
not a prohibition against acting in anything relating to interna-
tional affairs. But I think that the view expressed in the note of
the Senor Minister should not be allowed to pass unnoticed, re-
specting the territory of the Gulf and that of the hamlet in ques-
tion. Up to the present time the Executive Power has considered
that the divisional line separating at this place the Republic of
Colombia from that of Costa Rica did not give to the latter the
ownership of the whole of the Gulf, nor consequently, of the
and Cape Blanco.^

It will be well to "recall that Colombia, as the legitimate suc^
cesser of the rights which the Crown of Spain held over the whole
of the territory of which it is today constituted, has possessed
and does possess it in an actual, effective and permanent manner,
during the course of the years that have elapsed since the crea-
tion of the Viceroyalty of Santa Fc and the Kingdom of Guate-
mala, with their respective Audiencias and Chancelleries, with-
out any one having disputed down to the present the limits fixed
as the limit of both countries by the Spanish Government, on
the Atlantic the River Culebras, called also Horaces or Dorces,
and upon the Pacific the Gulf of Dulce between Punta del Banco
and Cape Blanco.'^

^ These assertions have no foundation and are contrary to the docu-
ments even which emanate from the very authorities of Panama. It ap-
pears, however, that the President of the State of Panama considers the
River Culebras to be the same as the River Horaces, Dorces or Dorados,
and that he differs from the opinion of Dr. Fernandez Madrid, who be-
lieved the Doraces to be one river and the Culebras another. Let there
be noted also the important modification introduced into the designation
of the southern frontiers. Already Punta Burica is no longer the point
of departure or the termination of the jurisdiction of Panama, but the
point of Banco, toward the North-west from Punta Burica and Cape
Blanco (for Cape Matapalo ?), so as to select between these two ex-
tremes the most desirable boundary. Senor Fernandez Madrid wanted
the boundary to be selected in Dulce Gulf, between Punta Burica and
Punta Mala, which are the two extremities that Alcedo indicates for said

284

The modern limits are reckoned upon the ancient ones, accord-
ing to the most highly esteemed geographers of both periods
and according to the topographical charts of best repute. And
if in any of the negotiations had been Colombia and Costa Rica,
during the years from 1856 and 1865, there could have been con-
ceded upon the South the territory that embraced the Gulf, and
something beyond the Doraces on the northern side, none of these
agreements having been ever carried out in fact, not one of them
having been raised to the category of compacts obligatory upon
Colombia, such concessions - could not damage its acquired rights
to the part of that Gulf which it possesses, or its titles of proprie-
torship over the whole embraced by the Bay of Almirante and its
extensive territory as far as the Doraces referred to, which rights
it kept and will keep in view of the legal uti possidetis of 1810,
adopted by Colombia as the regulating principle in its boundary
questions with the neighboring and adjoining Nations.

So much as regards the legitimate titles of Colombia; while as
regards the reciprocal interests of the two nationaUties, the har-
mony that should exist between the two countries and the senti-
ments of true brotherhood which should inspire Costarican citi-
zens as well as those of Colombia, this boundary question should
be decided in accordance with the principles of justice and mutual
convenience, by means of agreements which never leave behind
them the evils that flow from violent and forcible acts.

In the meantime, and until the General Government, to which
I have addressed myself, and given an account of these matters,
shall have determined what is best to be done, I trust that listen-
ing to the counsels of prudence your procedure in this affair will

Gulf, and it is well known that Dr. Madrid considered Alcedo to be "a
most respectable authority in everything concerning the political geography
of those regions. If Alcedo is also one of the geographers of the Presi-
dent of Panama, he will be compelled to admit that the River Chiriqui
is the divisional line between Costa Rica and Veragua and that Dulce
Gulf and the peninsula and point of Burica belong to Costa Rica as the
legitimate successor of Spain. M. M. P.

* Colombia never made any concession, and hardly recognised the right
of Costa Rica. The very "Carta Esfirica" (Spherical Chart) of 1809,
cited by the Granadian Congress of 1857, excludes Veragua from the
Gulf of Dulce. M. M. P.

285

be commensurate with the dignity of the worthy nation you rep-
resent and of your honored precedents.

With sentiments of consideration and respect I have the pleas-
ure of remaining your obedient servant.

B. CORREOSO.

The Minister of Foreign Relations of Costa Rica, to That doc. 326
of the United States of Columbia.

San Jose, June 11, 1870.

A matter of importance affords me today the honor of address-
ing myself to Your Excellency.

The agricultural and commercial traffic which is transacted upon
the frontiers of Costa Rica and the United States of Colombia
has brought up new difficulties in respect to the boundaries of the
two Nations.

My predecessor in this department directed to the President
of the State of Panama a note of which I enclose a certified copy.

The President answered the provisional head of this Republic
by a letter, of which I also enclose a certified copy.

According to that letter, the Gulf of Duke and Bocas del Toro
belong to Colombia.

It is not possible for me to have the pleasure of coinciding in
this matter with the belief of the high official to whom I have
referred.

1 submit to the wise consideration of Your Excellency the
reasons which I have for holding a different opinion.

In 1540 the Government of New Cartago was created, that is
to say, Costa Rica, and the title of Governor was issued to Don
Diego Gutierrez.

According to this title the jurisdiction of Gutierrez extended as
far as the River Belen on the Atlantic.^

^ This is an error. Alcedo also presents the River Belen to Costa Rica.
The jurisdiction of Gutierrez stopped at a distance of twenty-five leagues
to the West of the River Belen; but this error leaves the argument of
Dr. Montufar subsisting, because the Bay of Almirante and the whole
of the Gulf of Dulce as far as the great river of Chiriqui remained un-
der the jurisdiction of Gutierrez. M. M. P.

286

In 1574 the King Don Phillip II issued another title in favor
of Don Diego de Artieda and indicated for him as the limit of
his jurisdiction toward the North the Province of Veragua.

In a Memorial addressed to the King of Spain in 1652 by Don
Juan Fernandez de Salinas, Governor of Costa Rica, it is stated
that the limits of this country are on the North the Bscudo de
Veragua and on the South a strip of Nicoya and plains of
Chiriqui.-

In 1659 Arias Maldonado, successor to Salinas, explored the
whole coast, including Boca de Drago and Boca de Toro; he
visited the adjacent islands, took possession of them and sub-
jected the Indians who inhabited them.

Another Governor of Costa Rica, in 1719, tells what he had done
in Boca del Toro and the Gulf of Dulce.

A series of data, taken from the annals of the discovery, the
conquest and the settlement of the frontier provinces, from the
works of the historians and from the maps and geographical
charts, have led me to the full conviction that on this occasion
the opinion of the President of Panama is in no way in entire
consonance with the fact.

It would afford me much pleasure as well as satisfaction to beg
that Your Excellency will be pleased to give your attention to
all that could be said regarding the matters mentioned, if the
question of boundaries between the two Republics was now to be
discussed ; but there being no persons sufficiently authorized to
decide it now, I only beg to propose to Your Excellency that you
may be pleased to secure the adoption in Bogota of a resolution
which, in the meantime and until the matter may be definitively set-
tled, may avoid difficulties between the subordinate officials who
are located on the frontiers of each of the countries.

The treaty celebrated between Colombia' and Central America
declares that both parties mutually guarantee the integrity of
their respective territories, on the same footing that they were
naturally found before the war of independence.

' From the year 1605 there are documents in which it explicitly appears
that the Bscudo de Veragua is the boundary of Costa Rica and that is im-
plied by the Capitulacion of Artieda and the Royal cedula of August 30,
1576. M. M. P.

287 . ,

The limits at that time are kngwn.

The bases remained fixed by consent upon the natural bound-
aries ; upon the boundaries that then existed, which was equiva-
lent to recognizing the uti possidetis adopted by all the American
States. It was a considerable time afterwards that New Granada
ordered the establishment of a settlement at Boca del Toro; but
at the same time Central America authorized Colonel Galindo to
establish also a colony of Irish there.

The draft of a treaty, made by the plenipotentiaries Don
Joaquin B. Calvo and General Don Pedro A. Herran, recognized
as the boundary toward the Pacific, Punta de Burica.

The same point was recognized as the boundary in the treaty
made between the plenipotentiaries Seiiores Jose M. Castro and
Teodoro Valenzuela.

The first of these two drafts fixed as the boundary on the
North the mouth of the D Graces.

And the second, the channel of the River Canaveral^ as far
as its outlet in the same Sea, without including the Island called
''Bscudo de Veragua."

Neither of these two drafts ever became a law, but they all
agreed upon Punta Burica as the boundary on the Pacific.

And the uti possidetis before mentioned indicated the Bscudo de
Veragua, with which demarcation the very intelligent and learned
Colombian, Teodoro Valenzuela, was in perfect harmony.

A provisional and immediate measure seems to be indispensable
in order that the statu quo may continue to which I refer.

While writing the last word there was received in my office a
note addressed to the Secretaryship of Government, by the Alcalde
of Terraha, and another annexed from Sefior Santiago Mayas,
"King" of Viceita, in which it is stated that an attack is being made
by men from Panafna at a point which has always belonged and,
does belong to Costa Rica, the River Sixoula.

There is no doubt that such attack has not been determined
upon by the President of the State of Panama, still less by Federal
Government of the United States of Colombia.

'The River Canaveral figures upon the Spanish maps with the name of
"River Caitas." In the map of Kiepert and in the English ones it reads
"River Cana." It empties to the South-west of the island of Bsucudo, at
9° 1' North latitude and 81° 44' West longitude from Greenwich.

288

Also it must be that when the fact reaches the notice of the
Colombian authorities it will be disavowed by them.

But this incident shows once more the urgent necessity that
precautionary measures be provided in the interim of which I
have had the honor to speak to Your Excellency herein.

I am, etc.

L. MONTUFAR.

The President of the Republic of Costa Rica, to the Presi-
^" ^^^ dent of the State of Panama, Concerning the Colombian
Invasions Into Dulce Gulf.

San Jose, June 11, 1870.

I had the pleasure of receiving your esteemed letter dated the
21st of May, regarding the difficulties which have recently arisen
in regard to the boundaries between Costa Rica and the United
States of Colombia.

In view of it I gave instructions to the Secretary of Foreign
Relations to address to the Secretaryship of State of your Repub-
lic the despatch of which I enclose a copy.

In that despatch you will observe the serious difficulties that
are presented and the care taken to prepare a provisional meas-
ure, to the end that the uti possidetis of 1810 may be preserved,
while the question is being settled by competent plenipotentiaries
from both countries or by means of arbitration.

I make a like request of you, that you will be good enough,
in the part with which you may be concerned, to take the steps
necessary for that purpose. The affair demands that both parties
try to settle it as quickly as possible.

I have reason to trust this arrangement will be as friendly as
it will be beneficial for the two Republics. With this pleasing
hope I take pleasure in assuring you that I am your obedient
servant. B. Carranza.

289

The Minister of Foreign Relations of Colombia to That of Doc. 328

Costa Rica.

Bogota, August 10, 1870.i

Secretaryship of the Interior and foreign Relations.

Bogota, August 10, 1870.

The undersigned, Secretary of the Interior and of Foreign Re-
lations of the United States of Colombia, has the honour to ad-
dress the Minister of Foreign Relations of Costa Rica with the
object of calHng his attention to several events lately occurred
and which the Colombian Government cannot overlook on account
of their very serious character.

At the beginning of the month of April last an expedition which
was armed in that Republic by Costa Rican officials, headed by
Jose Maria Figueroa and formed, among other individuals, by
a Don Juan, an employee of the railroad which is being built
from the Port of Linton to the Pacific, Serapio Obandb, Francisco
Mora, Pablo Terraba and Baltazar Nango, arrived at the Colom-
bian hamlet of Sirola which was entirely defenseless, deposed its
Corregidor, Seiior Francisco Agulrre, appointing in his place as
Principal Alcalde, Senor William Broson, and as his substitute
Senor Thomas Dosones. They made prisoners the same Senor
Aguirre and his wife, expropiated several pieces of property be-
longing to the former and to Senor Victor Aguilar, who was a
commissioner for the making of the census of the hamlet; gave
order to the Alcalde they had appointed there to arrest said
Senor Aguilar, who in fact was arrested and conveyed as a pris-
oner to Moin, where by order of the Captain of the Port he was
kept in jail for several days and was going to be whipped, when
the Vice-President of that Republic intervened to set him free;
and at last he sent also as prisoners to the authority of Old Har-
bour Seiiores Dario N. and Cayetano Garay, whose whereabouts
are unknown until the present.

A few days later, in the same month of April, a part of the
men of the expedition headed by Horacio Mac Nish, as it seems,
returned to the hamlet, seized some other goods of Senor Aguirre
and when they left they threatened that they would make a third

* Archives of the Department of Foreign Relations of Costa Rica.

290

invasion with the object of committing similar depredations, es-
pecially on the few goods still left to that man.

In fact, this invasion took place in the following May. Nico-
las Gonzalez and one Figueroa, doubtless the same one who has
been mentioned, with eighty Costa Rican soldiers occupied again
the village of Si.vola, hoisted there the flag of Costa Rica, fired
a salute to it with their guns and during the days they remained
there they committed to jail, without any known reason, the Co-
lombian citizen Robert Jongh upon whom they also imposed the
penalty of one hundred lashes, which was not executed because
Seiior Thomas Dosones interposed his pledges in his behalf.

Such scandalous offences which, as asserted by the very men
of the expedition and also, in an official manner, by a high official
of that Republic, the Commandant of the District and Port of
Limon, were carried out by order of the Government of Costa
Rica, have maintain in a state of alarm the Colombian villages
of the frontier and have deeply surprised the Government of
the Union, as having taken place whilst the two Republics were
at complete peace and because it is ascribed as its only cause the
recovery of territories which, it is pretended, have been usurped
by Colombia, without this offences having been preceded by a
claim or even by a notice, thus omitting all the rules prescribed
for such cases by the International Law.

Your Excellency doubtless already knows most of those facts
by the documents forwarded to you by the President of the
State of Pananm; but as they are depressive to the sovereignty
of Colombia over the territories of which it has been in possession
since a long time ago and which belong to it, and as they have
given rise to serious damages inflicted upon Colombian citizens,
it is the duty of the Government of the Union to state them to
that of Costa Rico in order to protest, as in fact it does protest,
against such acts, and to state the confidence it has that that Na-
tion will prevent the repetition of those offences, which would
make impossible the harmony between the two Republics, and
will make the compensations that Colombia is entitled to demand
for those already committed.

The Colombian Government, who desires to settle peacefully
this matter, as well as all other matters actually pending with
Costa Rica, will accredit within a short time a Legation in that

291

country and has no doubt that it will be benevolently received
by the Government of Your Excellency.

The enclosed documents prove the facts stated in this des-
patch and although some of them are the same that the Presi-
dent of Panama forwarded to Your Excellency, the undersigned
has deemed it convenient to send them as a complement of it.

With sentiments of my distinguished consideration, the under-
signed has the honour to be Your Excellency's courteous servant.

FelipK Zapata.

His Excellency the Minister of Foreign Relations of the Re-
public of Costa Rica.

San Jose.

The Minister of Colombia in San Jose to the Department
of Foreign Relations of Costa Rica, Concerning the
Colombian Invasions in Talamanca. Events on the Six-
ola and Changuinola.

Legation of the United States of Colombia,

San Jose, October 20, 1871.
Sir,

On the 10th of August, 1870, the Colombian Department of
Foreign Relations addressed to the Department of the same
character of this Republic, a note in which a protest was made and
a claim for certain acts committed at Sixola, in the month
of April and May of the same year, by some individuals who, as
it appears, were employees of the Government of Costa Rica
or acting under its authorization.

The undersigned, envoy extraordinary and minister plenif>o-
tentiary of the United States of Colombia^, does not know if
the said note was answered and he has instructions to pursue
the claim. With this purpose he has the honor to address him-
self to H. E. the Sefior Dr. Don Manuel Alvarado, Minister of
War in charge of the Department of Foreign Relations, in order
to state to him that he hopes that this Legation may be advised
of what the Government of Costa Rica, in view of such note, may
have resolved or deems it proper to resolve.

The undersigned has, besides, instructions to present to the
Government of this Republic another claim.

A person called Santiago Mallas or Mayay, entitling himself

292

an agent of the Government of Costa Rica, has pretended to
exercise acts of jurisdiction in the village of Changuinola, which,
as Y. E. knows, is located on the West of the River Doraces,
the boundary between this Republic and that of Colombia, as the
Government of the latter maintains.^ Colombia has at all times
been in the possession of Changuinola; and although Costa Rica
also thinks it has a right to the territory in which this village
is situated, such possession ought to be respected, not only because
by Art. 7 of the treaty celebrated between old Colombia and
Central America on March 15, 1825, the two Republics were obli-
gated to respect their boundaries, as. they then were, but also be-
cause it is the interest of both, in order to avoid complaints and
reciprocal claims, to recognize their respective possessions in
the condition in which they are now found, as long as their bound-
aries are not definitely fixed.

The jurisdictional acts which the aforesaid Mallas or Mayay
has pretended to exercise tend to discredit the possession which
Colombia has had and holds of the settlement of Changuinola;
and therefore the Government of the Union has deemed that it
should not let them pass unnoticed but that it is a matter in which
the Government of Costa Rica be requested to disapprove them
and issue orders tending to prevent their repetition.

And the undersigned, who has no doubt that Y. E. will find
this claim a just one, has the honor to enclose a copy of the docu-
ments in which the facts appear of which the Colombian Govern-
ment complains and takes pleasure in repeating that he is of H. E.
the attentive and obedient servant.

Antonio M. Pradilla.
United States of Colombia.
The Sovereign State of Panama.
Political Tribunal of the Region.
No. 117.

BocAS DEL ToRO, June 27, 1871.
Senor Prefect of the Department of Colon :

The Sefior Jose Isabel Guerra, Commissary (Comisario) of
the settlement of Changuinola appointed by my authority, has

* The Minister of Colombia says in this passage that the River Doraces
is the boundary between Costa Rica a>.id Colombia, as it is maintained by
his Government. What about the Culebrasf M. M. P.

293

trome to me with the information that an Indian of a white tribe,
called Santiago Mayay, who among them is called Governor,
appointed by the Government of Costa Rica, threatens his set-
tlement, making thereon serious impositions, with alarming demon-
strations, telling them that the aforesaid Government has au-
thorized him to govern as far as the said river inclusive, for
which he pursues the Terhes Indians who do not belong to him,
seeking to subject them to his jurisdiction, which they resist,
since they are earnest Colombians. He is constantly disturbing
the Colombian subjects established in Changuinola and attempting
to hinder their authority, as you will see by one of his orders
which I have the honor to enclose herewith, referring to a Co-
lombian called Matias Romero and his wife, inhabitants of the
aforesaid settlement, who have presented themselves before me
in corroboration of the report of the Commissary, and by this
you will see the authority which has been usurped. If a stop
is not put to such abuses, the time will come and not very far off
when our Colombian citizens may have to abandon the place,
with the loss of their interests and even their lives, for unless
they submit themselves (which is impossible) he will invade the
settlement by force, as he has said that he would do.

That the River Changuinola belongs to the sovereign State
of Panama there is no doubt, its mouth being situated only eight
miles to the West of that of the Drago and thirteen to the East
from that of the Sixoula,^ where the controversy was last year
with Costa Rica; so that if the latter does not belong to it farther
than the Western slope of its mouth, then the Sixoula is the same
river Culebra which marked the boundaries with Costa Rica in
the time of the former Colombia, and with much more reason

*The distance from the River Changuinola or Chdnguene to the River
Sixola is not thirteen but seven and a half miles.

According to this Colombian authority, the River Changuinola or
Doraces is not the River Culehras; but according to his chief, the Presi-
dent of the State of Panama, the Culehras and the Doraces are one and
the same river, as also for the official geographer, Seiior Felipe Perez
and for the cartographers and officials, Seiiores Ponce de Leon and
Paz, who locate and draw their river Culehras or Dorados 32 miles to
the West of Punta Gorda de Tirhi and 25 miles from the mouth of the
Changuinola, Chdnguene or true Dorados. M. M. P.

294

the one called Changuinola, which is distant from the former
thirteen miles to the East, as has been stated; so that Santiago,
authorized as he says by the Government of Costa Rica, is seek-
ing to rule within the territory of the State, causing thereby
troubles of the most serious character in that region.

A man of coarse manners and not known in the place, who was
here shortly before the arrival of the Commissary of War, with-
out the object of his visit being known, called Jose Maria Coro-
nel, passed through Changuinola on his return, and he said that
he was the Secretary of the Governor Santiago Mayay, appointed
by the Government of Costa Rica, with orders for his conduct
in his proceedings, and that these were to subject the Terbes In-
dians and to extend his dominion over the mouth of the Chan-
guinola inclusive, everything to be under his orders including the
settlement referred to; that this would be only for the present
and that later the Government of Costa Rica would take pos-
session further as far as the Bscudo de Veragua.

In view of all that has been stated and being desirous of know-
ing what measures are to be taken in these cases in order to
avoid their bad consequences, I apply to you in order that through
you all this -may be brought to the knowledge of the Citizen
President of the State and the measures dictated which he may
desirable.

I am your obedient servant, R. IglESias.

This is a copy:

The Secretary : A. Ramirez.

This is a copy: The Secretary: J. Mendoza.

National Palack of Inspection ; June 8, 1871.

Senora Maria Cou :

You and your husband are to present yourselves within the
district, in order that some matters may be settled.

And in case you do not comply with this my order I shall send
a guard to bring you at your own cost. Santiago Mallas.

295

This is an exact copy of the order to which the Political Judge
of Boca de Toro refers in his foregoing official communication.

The Secretary of State: J. M^ndoza.

This is a copy :

The Chief Clerk of the office of the Secretary of Interior and
Foreign Relations : FlorEntino Vega.

This is a copy:

The Secretary of the Legation of Colombia in Costa Rica :

Teodosio Castro.

The Minister of the Government and ad Interim of For-
eign Relations, to the Minister Plenipotentiary of Co-
lombia.

San Jose, October 28, 1871.

There was duly receive4 in this Department the communica-
tion dated the 20th instant, of H. E., Sefior Dr. Don Antonio
Ma. Pradilla, envoy extraordinary and minister plenipotentiary
of the United States of Colombia.

H. E., Sefior Pradilla, referring to a despatch of the Secretary-
ship of Foreign Relations of Colombia, dated August 10, 1870,
renews the claim which the despatch of the Cabinet of Bogota
contains, for acts exercised on the Sixola by persons who as it
appears were employees of this Government or proceeding under
its authority.

For this reason H. E. desires to know the course given to that
negotiation and asks it of the undersigned.

The note of H. E., the Minister of Colombia, also contains
another claim.

H. E. states that one Santiago Mallas or Mayay, describing
himself as an agent of the Government of Costa Rica, has pre-
tended to exercise acts of jurisdiction in the settlement of Chan-
guinola, which as Y. E. states is situated to the West of the River
"Dor aces," boundary between this Republic and that of Colombia,
as the Government of the latter maintains.

For the latter reason H. E. states at length arguments in favor
of the position taken by the Government of Colombia and con-
cludes by referring to the copy annexed of documents in which

296

the facts appear of which the Government of Colombia com-
plains.

The undersigned, after bringing to the knowledge of the Sr.
General President of the Republic the contents of the despatch
of H. E., the Sr. Minister of Colombia, has been authorized to
answer H. E., as he proceeds to do.

Regarding the first claim, relating to the Sixola, the Gov-
ernment has deemed that it would be more convenient and ex-
peditious to discuss it with H. E., he having as he has the full
powers that are necessary.

The distance at which we are from the Cabinet at Bogota
would delay- indefinitely, if it would not make impossible, the
despatch of this negotiation.

Nothing, then, could be more desirable for both Governments
than that of ending it through their respective plenipotentiaries.

As regards the second claim, the Government of the under-
signed, without assenting nor accepting as just boundaries be-
tween the two Republics those which the Government of H. E.
designates, since it cannot recognize any others than those fixed
by the public treaty celebrated in Bogota by the plenipotentiaries
of Central America and of the former Colombia, on March 15>
1825, is confident that this and all other difficulties will be dis-
sipated upon getting to the bottom of the question of limits be-
tween the two nations and defining these in a just way, that will
be honorable and desirable for both Republics.

He takes pleasure in assuring H. E., the Sr. Dr. Pradilla, of
the best disposition of the Government for reaching a just solu-
tion, friendly and honorable, and takes great satisfaction in sub-
scribing himself his most obedient servant,

M. AXVARADO.

297

Seiior Pradilla to Senor Alvarado.

Legation of the United States of Colombia.

San Jose, November 3, 1871.
Sir,

This Legation has received the note of October 30th last,^ in
which H. E., the Senor Dr. Don Manuel Alvarado, is pleased
to answer that of the undersigned of the 20th of the same month,
relating to the claims of the Colombian Government for certain
acts committed at Sixola and Changuinola by the persons said to
be agents of this Republic.

The undersigned is quite in accord with H. E. as regards the
desirability of treating with this Legation the claim which the
Colombian Government directly made for the Sixola, acts in the
note of August 10, 1870. To clear up this question, in case it
should not be already settled, was precisely what the undersigned
proposed in stating to H. E. that he had instructions concerning
the matter and that he hoped there would be brought to his
knowledge the resolution which the Government of Costa Rica
should have taken or would deem it well to dictate. The under-
signed has, then, only to add that he would desire that H. E. take
this matter into consideration in order to treat it from the bottom.

In the claim for acts committed in Changuinola, the under-
signed has not claimed that the Government of Costa Rica recog-
nizes different limits from those which the Treaty of March 15,
1825, indicated, but rather that this compact is the one that has
been alleged as the basis of the claim. The Government of
Colombia considers that according to the limits therein expressed
the settlement of Changuinola was left included within the terri-
tory of the Union.2

The undersigned thinks that it should not be necessary to await
the taking up of the negotiation of the treaty in order to settle

^ This refers to the one of October 28th, which has been given above.

* The Minister of Colombia does not allege as a title the fact of actual
possession by his country of the territory claimed by Costa Rica, but that
which the Treaty of March 15, 1825, gives to it. This compact, however,
does not indicate any limits and only requires the parties to respect those
they had in 1825 and Colombia had not then overstepped its. borders of
Veragua, which took place, as an infraction of said treaty, in 1836.
M. M. P.

298

this claim. It only has for its object to prevent a repetition of
such acts as those committed by Santiago Mallas or Mayay, which
might go so far as to compromise the friendly relations of the
two countries; and to maintain, as regards the territorial posses-
sions of both, the condition in which they were in former times,,
provided that the recognition which may now be made of certain
territory being in the possession of one of the two countries shall
not be a reason for not adjudicating it in the boundary agreement
to the other, if the latter presents the best titles. With the entire
omission of that negotiation and without any trouble whatever, the
undersigned believes that this matter can be treated.

On the other hand, this claim arising out of a fact analogous to
those which led to the note of the Secretaryship of Foreign Rela-
tions of Colombia, dated August 10th, it seems natural that if it
is settled before the boundary treaty is celebrated, the other may
also be settled.

With sentiments of his very distinguished consideration the
undersigned has the honor to again assure H. E., the Senor Dr.
Alvarado, that he is his most obedient servant,

Antonio M. Pradilla.

B0C332 Sefior Pradilla to Senor Gonzalez.

'Legation of the United State3 of Coi^ombia.

San Jose, December 13, 1871.
Sir,

The undersigned, envoy extraordinary and minister plenipo-
tentiary of the United States of Colombia, has received the note
which H. E., the Senor Don Salvador Gonzalez, has had the
honor of directing to him on the 9th instant, concerning claims
for acts performed at Sixola and Changuinola.

As the declarations which H. E. makes in said note, as well as
the general sense thereof, are not at all explicit, the undersigned
has deemed it best to forward that document to his Government,
so that it may resolve whether said claims are to be pursued, or
whether he is to disregard them and enter upon the question of
boundaries.

299

With sentiments of the most distinguished consideration, the
undersigned has the honor to be of H. E. the very attentive and
obedient servant.

Antonio M. Pradii,i,a.

Sr. Gonzalez to Sr. Pradilla.

San Jose, December 9, 1871.

The undersigned, Secretary of Foreign Relations of Costa Rica,
has the honor to acknowledge the receipt of the despatch of H.
E., the Senor Dr. D. Antonio Maria Pradilla, envoy extraordi-
nary and minister plenipotentiary of the United States of
Colombia.

H. E. states that he is in accord with the undersigned as re-
gards the desirability of treating with the Colombian Legation the
claim which that Government made directly for the acts at Six-
ola on August 10, 1870, and adds that H. E. has nothing addi-
tional to offer in this matter, except his desire that it may be
taken into consideration in order to treat it from the bottom.

With respect to the acts at Changuinola, H. E. insists upon
making a preferred claim of them, and is pleased to add that
under the Treaty of March 15, 1825, the Colombian Government
considers that the' settlement of Changuinola is embraced within
its territory.

H. E. continues by stating that the settlement of this claim
ought not to await the entering into the negotiation of the Treaty
of Boundaries, because that claim only had for its object the pre-
vention of acts like those committed by Mallas or Mayay, those
which might go so far as to compromise the friendly relations of
the two peoples, and because the recognition which might be
made now of one of the two Republics being in possession of
certain territory would not be a reason for refusing to adjudicate
it in the agreement as to boundaries to the other, if it should be
that the latter presented the better titles. Therefore H. E. thinks
that with the entire omission of the boundary negotiation, and
without any trouble whatever, this matter can be treated.

H. E. concludes with the indication that this claim arising out
of facts analogous to those which led to that which was made

300

in the note of the Secretaryship of Foreign Relations of Colom-
bia, dated August 10, 1870, it seems natural that if the same be
settled before the Boundary Treaty be celebrated, the other may
also be settled.

The undersigned, after having brought to the knowledge of the
Seiior General President the contents of the despatch of H. E.
has received instructions (to answer?) as he proceeds to do.

H. E. will clearly understand that, there existing between
Costa Rica and Colombia properties, or more properly speaking
territories, which have not been duly marked out, it is easy for
reasons to be frequently offered for mutual claims, by reason of
one party or the other considering itself with a just title in pos-
session of the unsurveyed territory.

This improper condition of affairs has aroused the most earnest
desire for entering into a definitive arrangement of the bound-
aries. For that purpose the Government of Colombia has consti-
tuted here and authorized representatives with that important
end in view ; and Costa Rica has always shown its disposition and
been animated with a proper willingness to put an end to such
a state of uncertainty, as regards its boundaries with the Colom-
bian nation, by means of an equitable agreement.

If such are the antecedents, there is no reason to assume not
for one moment, that Costa Rica has sought to act violently,
trampling under foot foreign rights, and still less when such
rights may be those of the Colombian Nation, with which ours
is united by so many ties, among which may be counted as the
greatest the consideration and sympathy which the Government
and people of Costa Rica profess for the Government and people
of Colombia.

To make now of the incidents of the Sixola and Changuinola
a preferred question, subordinating what is essential and per-
manent to what is imaginary and transitory, would be at once to
put an obstacle in the way of a friendly settlement of bound-
aries, a thing which is not desirable nor is it in accord with the
desires of the two countries.

In the view of this Government, as long as there is no definitive
settlement of the boundaries, the Treaty of 1825 assures and
guarantees the possession which both countries respectively had
in the territories of each other, upon the same footing in which

301

they were naturally found before the independence. Since that
time this Government, resting in its faith upon the treaty, con-
sidered itself in the tranquil possession of all the places occupied
by the various settled tribes of Viceita and Talamanca^, whose
settlements and dwellings it is known extended as far as the
Bscudo de Vcraguas, the limit of the Republic upon that side.
The authorities established by one party or the other, at the
epoch of the treaty, within such limits, and the territorial exten-
sion of their jurisdiction, should be mutually preserved and re-
spected on the part of Costa Rica, without any changes which
could improperly affect the right acquired and sanctioned by the
agreement of the year 1825.

Costa Rica believes that it has at all times been in harmony
with the principles of the treaty, and its Government could never
have authorized acts, as in fact it never has authorized any in a
contrary sense, unless it was previously provoked to it and placed
under the necessity of making use of the menas which have been
customary in such cases.

To discuss from the bottom the acts of Sixola and Changuinoia,
which this Government disapproves, would be to enter fully into
the investigation of the territorial question. The claim is based
upon the right of possession, and the presumptive possession of
those territories, — that of the uti possidetis, — belongs to Costa
Rica.

Therefore, if the incidents of Sixola and Changuinola are to
lead us to the examination of the documents which justify the
right and the possession; — and if these documents can be no
others than those which accredit the best right to the property
acquired and co-existing at the time independence was secured,
it would be most natural to omit the question presented and enter
at once upon the principal one of boundaries.

The questk)n being considered, as it has been up to this time,
from the territorial point of view of each party, H. E. will
understand that the duties of the governing authority prescribe
the strictest watch over the rights and integrity of the nation,
and in this sense the Government of the undersigned complies
therewith in doing what they both require.

Nevertheless, the undersigned can offer the assurance that the
incidents of the Sixola and Changuinola, known here through

302

the documents which accompany the claim, were not only per-
formed without the authorization of the Government, but that
they have caused a painful impression, because really those acts
were contrary to the sense of fraternity and mutual under-
standing with which both countries are inspired.

With this statement the undersigned has the honor to subscribe
himself of H. E., with the greatest consideration and respect, the
attentive and obedient servant.

S. Gonzalez.

Doc. 334 Boundary Treaty Between the Republic of Costa Rica and
the United States of Colombia (Montufar-Correoso).

April, 1873.
Art. 1. The two Republics fix as common boundaries between
their respective territories the line which, starting from the coast
of the Pacific Ocean at ''Punta Burica/' at 83° 13' West longi-
tude from the meridian of Greenwich, proceeds in a straight
line by the peaks of the range from the said point until reach-
ing the source of the River "San Bartolome" ; from thence a
straight line across the Cordillera until reaching toward the North
the source of the River ''Bananos" ; and from that point, follow-
ing the course of said river, to its outlet in the Bay of Almirante.

Doc. 335 Statement Relating to the Boundary Treaty Between

Costa Rica and Colombia.

San Jose, August 23, 1873.i

Department of Foreign Relations. Boundary Treaty Between
Colombia and Costa Rica.

Without any intervention by the Ministry of Foreign Relations
the Boundary Treaty referred to in this article has engaged the
attention of the press.

That Treaty has not been submitted to the Legislative Body for
its consideration.

It is expected that Congress will take the matter under advise-

' Official Gazette of Costa Rica, No. 40 of August 23, 1873.

303

ment, so that the official press will be able to give the correspond-
ing reports to the Chamber and the Nation.

But the extra-official debate which has been initiated makes it
needful that some data be given out from now forward.

The Minister of Colombia, in the conferences which were held
in the Secretaryship of State, asked that the Minister of Costa
Rica point out the line which in his. opinion ought to be laid
down, and that official very frankly drew a straight line between
the B sen do de Veragua and Punt a de Burica.

This was the way of doing it.

Senor Montufar said that * * *

"* * * yielding to the suggestion that he indicate the points
by which the divisional line between Costa Rica and Colombia
ought to run, he proceeded to point out the one which in his
opinion ought to be fixed.

Law IV, Title XV, Book II, of the Recopilacion de Indias es-
tablished an Audiencia and Chancellery in Panama.

This Law fixed the boundaries of that Audiencia.

It sets forth that the Audiencia bordered upon that of Santiago
de Guatemala and that it extended as far as the Government of
Veragua.

Law VI, of the same Title and Book, established the Royal
Audiencia of Guatemala and fixed the same boundary.

This clearly proves that under the Spanish administration our
divisional line was Veragua.

Senor Don Felipe Molina, in his investigation of the boundary
question, cited a title issued at Madrid on November 29, 1540,
in favor of Don Diego Gutierrez.

That title granted to Gutierrez the administration of New
Cartago. I have in my hands a copy, legally certified, of that
title.

It conferred upon the Governor of New Cartago the land
which was left to the King in the Province of Veragua, from
a fixed and determined line.

This line was the termination of twenty-five leagues square,
which had been given to the Admiral Don Luis Columbus.

The twenty-five leagues of Columbus began at the River Belen
inclusive, counting by a parallel to the western part of the Bay
of Caravaro (Chiriqui Lagoon).

304

I have in my possession, certified in the same way, the title that
was issued to Don Luis Columbus. Its date is January 19, 1537.

In 1574 another title was issued by Don Philip II. In that
title Don Diego Artieda Chirinos was appointed Governor and
Captain-General of the Provinces of Costa Rica.

The same boundaries were fixed for the jurisdiction of Artieda
y Chirinos as in the case of Gutierrez.

Those boufklaries were as follows : from Sea to Sea in lati-
tude ; and from tlie mouths of the Desaguadero, which is on the
side of Nicaragua, to the Province of Veragua, in longitude, upon
the North side, and from the confines of Nicaragua on the side
of Nicoya to the Valleys of Chiriqui.

Taking these facts and knowing the position of the River Belen,
there is nothing else to do, as Senor Molina says, than to draw
upon any map the square of twenty-five leagues which was re
served for Columbus.

This operation having been performed, it is evident that the
bay of Boca del Toro, with all its islands and coves, lies outside
the said square, and consequently in the territory of Costa Rica.

Don Domingo Juarros, in his History of Guatemala, says that
the limits of Costa Rica are : upon the North Sea, from the mouth
of the River San Juan to the Bscudo de Veragua; and upon the
South as far as Boruca (Vol. 1, p. 56).

In 1754 Don Jose Mier y Caballos made a report upon our
boundaries. He stated that he had seen in the archives written
documents of the year 1522 and that in the same archWes he
found evidence that to Governor Chirinos there had been indi-
cated as the limit of his jurisdiction: upon the North Sea from
the mouth of the River Safi Juan to the Bscudo de Veragua anc'
upon that of the South as far as Boruca.

In the work of Bonycastle on Spanish America, the Vice-
royalty of Sante Fe is described as consisting of the f.>liOwinjj
provinces :

Jaen de Bracamoros. Quirds,

Santa Marta. Maynas.

Merida. Cartagena.

Quito. Choco.

Popaydn. Antioquia.

Santa Fe. S. Juan de los Llanos.

305

Three Provinces of Darien, Panama and Veraguas in Ticr-'i
Firme.

In the Diccionario Historico y Geogrdficio dc America y dc las
Indias Occidentales (Historical and Geographical Dictionary of
America and the West Indies) the following statements are made :

''Chiriqui. Old district of the Province and Government of
Santiago de Veragua in the Kingdom of Tierra Firmc. It is the
last district of that province, which separates that Government
from that of Guatemala, and borders upon the Province of Costa
Rica.

"ChiriquL River of the province above mentioned, which rises
in the mountains to the South and flows into the Sea, serving
as a boundary to that province and separating it from that of
Costa Rica in the Kingdom of Guatemala/'

In the year l652 the Spanish Government marked out anew
for Don Juan de Salinas the boundaries of Costa Rica, from
the confines of Nicaragua on the North to the Bscudo de Veragua
The document to which I have reference, certified in due form,
is in my possession.

In the year 1792 the Captain-General of Guatemala ordered
the Naval Lieutenant del Rio to explore the islands of San Andres
and Providencia, by reason of their being under his jurisdiction,
and to furnish an account of their inhabitants and political con-
dition.

In 1793 del Rio made his report at Trujillo, on the 5th of
August.

This Naval Lieutenant recommended a project for depopulat-
ing the islands, at that time inhabited by English, and the transfer
of those who dwelt there to the Mosquito Coast, so as to settle
those coasts and put an end to contraband trade.

This was a question affecting the Royal Treasury and it could
not be treated except by the officials under whose jurisdiction
the aforesaid islands belonged.

In 1791 the Captain-General directed the report of del Rio to
be sent to the Board of the Indies {Junta de Indias) and supported
the recommendations made by del Rio.

In 1794 the inhabitants of the islands mentioned forwarded a
contrary petition to Spain. In this they asked that the King con-

306

stitute a Government subordinate to the Viceroyalty of Sanii' Pc

This is an evident proof that at that date the islands referred
to did not belong to that Viceroyalty, but that they formed a part
of the Gaptaincy-General of Guatemala.

Other documents prove this fact with greater force. Let us
look at them.

In 1795 the King appointed Don Tomas O'Neille as Governoi
of those islands ; but he positively refused to segregate them from
the Captaincy-General of Guatemala.

Our limits, therefore, were not in doubt in that year.

Nor were they in question in 1797, for then Don Tomas
O'Neille came to San Andres, took command and at once asked
the Captain-General of Guatemala for aid of men, money and
arms for his Government.

The Captain-General of Guatemala directed O'Neille to go to
the Fort of San Carlos to receive the aid asked for.

In 1801 O'Neille sent to Spain another petition by the inhabi-
tants of the islands, asking for their segregation.

In 1803 the Junta recommended to the King the segregation
of the islands and also of the coast from Gracias a Dios as far
as Blue fields.

By Royal Order of 1803 the Minister of War stated that the
King was in accord with the view of the Junta.

In 1804 a statement was sent to Spain in which O'Neille stated
conditions for taking charge of the Government of San Andres.

In 1805 the conditions of O'Neille were declared to be inadmis-
sible.

No document has been presented by Colombia which states
that the Royal Order was carried out, making the segregation.

Thus it was that when O'Neille withdrew everything was left
as it had been before 1803.

The principal argument, or better said the only argument as
regards Spanish law, is based upon this Royal Order of 1803.
Many observations may be made concerning it and the first of
them is the following.

It is a universal principle of jurisprudence that things are dis-
solved in the same order in which they were combined.

The border line between the Viceroyalty of Santa Pe and the

307

Captaincy-General of Guatemala was marked out by laws in-
serted in the Recopilacion de Indias, by Decrees and by Prag-
mdticas (Royal Ordinances). It was necessary to proceed in the
same manner in order to change these boundaries.

I have not seen presented by Senor General Herran, nor by
Seiior Valenzuela, nor by any of the Honorable Representatives
of Colombia, any Pragmdtica Sancion (Royal Ordinance) or
Decree, nor even a Royal Cedula, which changes our borders.

The Royal Orders were temporary dispositions, which were
not signed by the King, but merely subscribed by one of the Sec-
retaries of the Department. Serious matters and affairs of im-
portance, such as demarcations of provinces and Kingdoms or
States unquestionably are, could not be determined by the simple
issue of a Royal Order, which, as before stated, related only to
passing affairs and those of little import.

The segregation never went into eflfect.

The littoral which was spoken of continued to be united to
Central America.

This was the situation of affairs when Colombia secured its
independence.

The Spanish authorities, after the independence of Colombia,
continued in the possession of the territory which Costa Rica de-
fends. That territory was not freed from Spain until after
Central America was emancipated.

Therefore the extension to which I refer was always Central
American."

Sefior Correoso presented again the arguments with which the
public is familiar, in favor of the Colombian interests.

They did not contain, as regards Spanish law, any resolution
either prior or subsequent to the Royal Order of San Lorenzo.
They rested upon that Royal Order alone and the acts of the
Colombian authorities.

Senor Correoso declared that in the extent claimed by Costa
Rica, as its own, settlements that were quite Colombian existed

308

and which were administered entirely by the authorities of his
own country ; and that neither the Constitution nor the interests
of his Republic would permit the cession of whole settlements.

Being advised of all this, the Chief of the Nation gave instruc-
tions to his Minister to trace the line that is indicated in the "Re-
port of Foreign Relations."

On the 1st of May, the President, in speaking of this line,
stated as follows :

"Costa Rica could have insisted upon the recognition of the
boundaries as traced in its ancient titles, as the unequivocal
source, and claimed possession of settled territories which have
formed for many years back an integral and very valuable por-
tion of Colombian territory; but it has yielded to the necessity of
recognising how difficult and even impossible it would be for
Colombia to cede those settlements, the long and peaceable pos-
session of which has given to it in a certain degree a right which
could be set up as against what we could allege as to our docu-
mentary titles. Uninhabited territories can be ceded, but it is
difficult to impose by force a nationality which compels a change
in the habits and ancient customs of a people.

"Nevertheless, the divisional line assures our ownership and
the peaceable possession of many leagues of land which were
claimed from us unjustly, and of a portion of the Bay of Almi-
rante, the largest and most commodious in all the Seas."

The Chamber responded to the Message of the President in
very favorable terms.

As yet, however, the Executive Power has not submitted the
Treaty as contemplated to the Congress. So that, for the mo-
ment, all discussion is premature.

When the Convention in reference to boundaries is submitted
to debate in the Legislative Body it ought to be taken up point by
point in everything that relates thereto.

But from this time it can be asserted that, even if the Execu-
tive Power has initiated what in view of the facts and the situa-
tion he may have deemed best for Costa Rica, he is not to be

309

considered infallible, nor will he look with concern upon any
modification by the Legislative Body.

The Executive Power is earnestly desirous of the welfare of
the Republic and in no event will he be so proud as to feel of-
fended because the first of the powers making up the Govern-
ment, which is the '"legislative," should be the authority to most
fully examine the matter and take the greatest interest in it.

Statement of the Minister of the United States of Co- Doc. 336
lombia Concerning the Boundary Treaty With Costa
Rica.

San Jose, August 30, 1873.i
Legation of the United States of Coi^ombia,

San Jose de Costa Rica, August 30, 1873.
Sir:

Since, in order to enlighten public opinion it has been deemed
proper to publish, in the official Gazette No. 40, the statement
made by Your Excellency in support of the divisional line that
you proposed to the undersigned, it would seem to be conducive
to the same purpose that there should also be published the reply
that I made in defense of the interests I represent.

Therefore, I hope that the Honorable Senor Secretary will be
pleased to give me space in the next number of that official paper
in order that the said reply may be also published.

I am confident that the Senor Secretary will understand that
the only purpose I have in this matter — the same that moves this
Republic's Government — is to make uniform that opinion and to
enlighten it in a matter that engages interests of high importance.
I avail myself of this opportunity to do myself the honor
to reiterate that I am the Senor Secretary's
Most obedient servant,

B. CORREOSO.
To the Honorable, the Senor Minister of Foreign Relations
of Costa Rica.

*Gaceta Oficial of Costa Rica, September 14 and 24 of 1873. Nos. 43
dnd 44.

310
Boundary Treaty Between Colombia and Costa Rica.

Upon the publication in the official Gazette of the arguments on
which the Sefior Secretary of Foreign Relations founds the pro-
posal he made to the Minister of Colombia for the marking of the
divisionary line between the two countries by means of a straight
line from the Bscudo de Veragua to Punta Burica the statement
was made that^

"Sefior Correoso presented again the arguments with which the
public is familiar in favor of the Colombian interests."

The public is not familiar with those arguments ; and in order
that it may be able to judge them, they will be published herein-
after.

These are not all the arguments that can be adduced in this
question. The Minister of Colombia confined himself to refuting
the points that the Sefior Secretary discussed.

When the statement of Sefior Montiifar was presented, Sefior
Correoso answered as follows :

"The undersigned, having examined with due attention the
statement of the arguments on which the Honorable Sefior Sec-
retary of Foreign Relations bases the rights that Costa Rica
judges it has over an important part of the Colombian territory,
hastens to reply thereto, persuaded that Sefior Secretary will
rectify his ideas by a more accurate examination of the docu
ments that he has presented on behalf of those ideas.

"Law IV, cited by the Sefior Secretary, does not provide* that
the jurisdiction of the Audiencia of Panama reaches as far as
the Government of Veragua; on the contrary, it says that this
Government is a part of the jurisdictional district of that Au-
diencia. This Law says, in stating the provinces that should
form that district :

"* * * Let the Audiencia have for its district the Province
of Castilla del Oro as far as Portobelo and its territory ; the City
of Natd and its territory; THE. Government o^ Veragua; and
on the South Sea, towards Peru, &, &, &.

"I beg Sefior Montufar to be pleased to consult again the Law
cited in his statement (Book II, Title II, Folio 188 of the Re-
copilacion de Indias.)

311

"Law VI, also cited by the Sefior Secretary, which states the
provinces that should form the jurisdictional district of the Au-
diencia established by it in Guatemala, does not mention among
them that of Veragua; on the contrary, it commands the said
Audiencia to divide houndaHes on the Bast with that of Tien a
Firme, in which Law IV, as I have already proved, had included
the Province of Veragua.

"The report on this Law will confirm what I have just affirmed
(Law VI, Title X, Book II of the Recopilacion de Indias.)

"From the examination of these two laws, I deduce that the
citation made by Sefior Montufar, far, very far, from giving the
slightest right to Costa Rica, gives it all, and in an absolute and
indisputable manner, to Colombia; and that the denomination of
divisionary line given to the extension of territory of the Province
of Veragua, can only be accepted inasmuch as it means that the
integrity of that province does not undergo any diminution ; that
is to say, that what is sought is a line that shall leave it included,
as it must be, in the ancient and actual jurisdictions.

"And if it be necessary to support this deduction, I will cite
here Law IX, Book V, Title I, Folio 143 of the Recopilacion de
Indias which says in three lines all that we need to know to make
this point clear:

" 'Let the whole Province of Veragua belong to the Govern-
ment of Tierra Firme.'

"It is dated on March 2, 1537; that is to say, later than the
Laws to which I have made reference. Upon being enacted,
there were charged on the Royal Treasury the rents that that
province had to pay to the Dukes of Verorgua whose fief it was.

"This Law was expressly issued to invalidate the title formerly
granted to the family of Columbus, on which the Sefior Secretary
relies.

"Later, by the Royal cedula of April 29, 1717, Don Antonio
de la Pedrosa y Guerrero was authorized to suppress the Au-
diencia of Panama and Tierra Firme, it being understood, says
the cedida, that the territory and jurisdiction embraced in it, shall
be hereafter aggregated to the Viceroy, Audiencia and Account-
ing office of the City of Lima.

"It is well known how Tierra Firme came to be a part of the
Viceroyalty of Sa^ita Fe.

312

"But if there is still any doubt about this, I will cite, in cor-
roboration of what I have asserted, a comparatively modern do-
cument.

"The Royal cedula of June 24, 1766, issued in consequence of
the disobedience of the Governor of Portobelo, Don Manuel de
Agreda.

"The King says there:

" *I have resolved to declare that the Governors of Portobelo,
Veragua and those of the other provinces of the district held
BY THE EXTINGUISHED AudiEncia OF PANAMA, shall be Subor-
dinated in political and military affairs to the Governor and
Commandant General of that Capital, &c.'

"Any doubt that could arise from the antiguity of the meas-
ures in which we are searching for the truth in this controversy
disappears with this document which is the last that we can con-
sult relating to the point discussed, as coming from the Sover-
eign himself.

"But it will always be useful to recall here to the Honorable
Seiior Secretary that according to the Laws and Cedulas cited,
the agents of the King in the Viceroyalty always extended their
jurisdiction over the Provinces of Veragua and Alange.

"As a proof of this I will cite, as irrefutable documents, the
reports of the Viceroys of Santa Fe that I am able to furnish to
Senor Secretary.

"Seiior Don Manuel Guirior, for example, says upon report-
ing on the garrisons of the Isthmus, 'that those of Veragua and
Alange depend in all matters upon the orders of the Governor
of Panama.'

"And Senor Ezpeleta, on December 1, 1796, reports that *the
missions of the Proznnce of Veragua had established by that
time six settlements with 7834 neophytes, 289 heathens, children
of both sexes, and 341 couples of married Indians * * * &c.'

"This same Viceroy ordered that the map of the Viceroyalty
should be drawn according to the documents which existed at
that time in the Spanish archives and in those of the \'"iceroyalty,
and the boundaries marked on that map between the Province
of Veragua and the Captaincy-General of Guatemala are the
River Culebras on the Atlantic and the Punta Burica on the
Pacific.

313

"The subjection of the inhabitants of this province to the Vice-
royalty is proved by its statistics, its contributions of blood and
money, its participation in the national defense and by thousands
of documents that I will cite if it should be necessary, and that
confirm the agreed jurisdiction over Camzas, Guarumos, Alange,
Potrero de Bugaha, Sitio del Arado, &c, which even today form,
obediently to law and to the interests of their mother country,
a most interesting part of the State of Panama.

"The said jurisdiction is likewise confirmed by the report, in
my custody and which the Senor Secretary can consult, of a
most respectable personage, the Fiscal protector of the Indians
of the Royal Audicncia and Judge preserver of the Royal rents,
Don Francisco A. Moreno y Escandon, who was commissioned
by the Viceroy to make the official visitation of the Viceroyalty.
He makes the Viceroyalty border on Mexico by Costa Rica and
Nicaragua and he mentions the provinces of Veragua and Alange
as a part of the district of its jurisdiction.

"Besides, the Seiior Secretary knows well, because it is very
notorious, how before that time, in 1787, the English schooner
Nancy was captured at Bocas del Toro and submitted to trial
in Cartagena, which capture was made by the Midshipman Don
Fabian Avances by express order of the Viceroy of Santa Fe,
who, in the exercise of his jurisdiction had forbidden the fishing
for pearls and turtles in those islands. In that time there were
established rules for the exercise of that industry and penalties
against their violation. * * *

"And I could cite as well many other facts as important as
these.

"But what I have stated up to this point in reply to the first
affirmation of the Senor Secretary would seem to be enough to
convince him that the province of Veragua has belonged from
time immemorial to the Viceroyalty of Santa Fe, now Colombia,
and has always been under its jurisdiction.

"In order to determine the divisionary line properly so-called,
the Senor Secretary cites a title issued at Madrid on November
29, 1540, in favor of Don Diego Gutierrez.

"A legalized copy of that title exists also in this Legation.

314

"If we shall accept the principle of universal jurisprudence in-
voked in the same statement of the Sefior Secretary, that * * *
'things are dissolved in the same order in which they were com-
bined,' it will be necessary to agree that the laws cited in the
statement I reply to and which meaning was fixed at the begin-
ning of this work, issued six years before the title of Gutierrez,
cannot be considered as revoked by a license of an entirely in-
ferior character than that of the laws.

"This title is only one of those conditional, vague and unde-
termined LICENSES which in that time were given to hundreds
of persons with the purpose of uniting all the efforts of the sub-
jects in behalf of the Sovereign, and which by no means altered
the Royal measures that bear the name of laws.

"And this is so true that in the same manner that the title of
Diego Gutierrez was issued in 1540, similar hereto, had been
granted to Felipe Gutierrez in 1534, without this having been
considered by the Spanish Sovereign as a hindrance or even a
reason to be consulted for the issue of the laws of which I have
already spoken and that bear dates in 1535 and 1537.

"Besides, the capitulacion made with Diego Gutierrez does
not erect a Government nor was it given as a title of Governor of
Nueva Cartago, which is barely mentioned herein, and then only
incidentally ; on the contrary, it is a license to go 'to conquer and
settle Veragua.'

"The careful reading of this capitulacion proves that when it
was made Veragua was considered as an entity separated from
that of Cartago (whether this last really existed) and that all it
says about boundaries relates to the same province and not to
Costa Rica.

"Thus, for example, the preamble says:

" 'Whereas, Diego Gutierrez, it has been stated to Us on your
behalf that, by reason of your great desire to serve Us and for
the enlargement of the Crown of Castile, you offer to go to con-
quer and settle the land that remains to Us in the Province, of
Veragua, that you will also conquer the islands that there may
he upon the shores of the said land, in the North Sea, which
are not conquered, and to take from these our Kingdoms at your
cost and expense the ships, men, &c.*

"And then it says in another place:

315

'"Item: Deeming it to be for the service of God, Our Lord,
and Qurself, and to honor your person and to grant you a favor,
We promise to make you Our Governor and Captain General of
THK SAID LAND AND ISLANDS, for all the days of your life and
of an heir.'

"It would be necessary to force the sense of these words to
deduce from them anything not relating to the same Province of
Veragua; and although it is true that in this same title mention
is incidentally made to Gutierrez of the Government of Cartago,
it is not to be deduced from this that in this Government was
included that of the other province which he was allowed to con-
quer and settle under the promise that he was to be appointed
Governor thereof.

"But I hold to be useless any discussion of the title granted to
Diego Gutierrez, because the Senor Secretary must have also in
his hands the title to which I have heretofore made reference,
and which was granted in 1534 to Don Felipe Gutierrez, for the
said title is in the archives of Spain in the very book, entitled
'Register of Veragua/ in which is found the one he has been
pleased to cite, and it is natural to suppose that a copy of it has
also been made for the sake of justice that must preside over this
controversy.

"At all events, a copy of it, duly legalized, is to be found in
this Legation.

"That capitulacion, which makes no mention whatever of
Nueva Cartago, gives rise to the certain conviction that it was
not intended to establish a new province ; that the thing granted
was the title of Governor of the Province of Veragua. to which
boundaries were fixed, and which later was annexed to Tierra
Firme, as I have already proved.

"Therein Felipe Gutierrez is informed that: —

"* * * 'We give license to you in order that you, in Our
name, may conquer, pacify and settle THE said Province of
Veragua, and this you must do within eight months from this
date, &c.'

"* * * 'Item: * * * jjj order to honor your person
We promise to make you, and We do make you. Our Governor
and Alguacil Mayor oF the said Province for all the days of
your life.'

316

"The King expressly denied to Diego Gutierrez the title of
Governor of Veragua, in the same manner that he expressly-
granted it to Felipe Gutierrez, whose term of office was fixed at
ten years. The first named only received the office of Alguacil
Mayor, and he did not enjoy either the pre-eminence or the
powers of the latter.

"The Spanish Government itself never considered those titles
as the establishment of a new Government, but only as matters
relating to the Province of Veragua. I could easily strengthen
.this affirmation.

"Besides, if we except Herrera, no historian mentions the
Government of Niieva Cartago, and this same author says :

'' 'Nicaragiia: name of the Province of Cartago/ (Q. O.).

"The measure of 25 leagues on the map, which the same title
recommends, can only be useful to convince us of the false
geographical knowledge of that time, as is very well observed by
Senor Quijano Otero, enlightened National Librarian of Co-
lombia.

"I therefore think that the title cited by the Senor Secretary
enables us to demonstrate many facts relating to the establish-
ment, extent, etc., of the Province of Veragua; but it does not
establish the rights of Costa Rica over those territories.

"Besides, it seems to me that Law IX already cited, should
give the exact interpretation of those capitulaciones, which, as
they cannot alter it, must be examined as licenses for conquest
that could only refer to the whole province just as it had been
annexed by that law to Tierra Firme.

"The title granted to Artieda Chirinos as well as that granted
to Salinas, are in the same category as that of Diego Gutierrez,
as are probably many others granted at that time and which de-
serve but scant mention.

"The Senor Secretary cites Don Domingo Juarros as author-
ity. He also cites Don J. M. Ceballos.

"But as Ceballos is the authority on which Juarros relies, this
is equivalent to a single authority; and as Ceballos only affirms
and does not prove or produce any document, I think that we
must ignore both these authors.

"But before doing so, I will note that I consider as contra
producentem the citation of Bonycastle made by the Senor Sec-

317

r€tary, because, as it appears, he puts the Province of Veragua
as a part of the Viceroyalty of Santa Fe.

"Likewise, if by citing the Historical Dictionary of America
the Senor Secretary refers to that of Don Antonio de Alcedo, I
will cite in my turn by way of reply, the words of that same au-
thor relating to the most important point of the debate. These
words are :

'' 'Veragua: Province and Government of the Kingdom of
Tierra Firme, one of the three that forms it. It bounds by
♦ * * the North and South on both Seas ; it is 70 leagues in
length and 34 in width, N. S., which is the widest part of the
Isthmus.

'' 'Almirante: This same name is borne by a bay on the coast
of the Province of Veragua, Kingdom of Tierra Firme, and to
the West of the Bscudo, &c.'

"And in another part of his work: —

'''Dulce: A large gulf on the coast of the Province and Gov-
ernment of Costa Rica, in the Kingdom of Guatemala and the
South Sea, where its jurisdiction is divided from that of San-
tiago de Veragua, etc. * * *'

"Therefore, the authority of Alcedo cited by the Senor Sec-
retary is not advantageous to Costa Rica, nor are either of the
following among the Colombian authorities.

"Don Antonio de Ulloa, an authority invoked by Costa Rica
in a situation similar to this, says in his work; *The Kingdom
of Tierra Firme begins, on the North side, at the River Darien
and extending by way of Nomhre de Dios, Bocas del Toro and
Almirantc Bay, ends on the West at the River of the Dorados
on the North Sea, and on the South Sea, beginning on the West,
it extends from Pufita Gorda in Costa Rica by way of the Punta
de Moriato and Maria Puercos as far as the Gulf of Darien/
(F. M.).

"The Colonel of Engineers, Pedro Acevedo, confirms this
opinion, as also do Doctor Rufino Cuervo and the learned and
authoritative Colonel Acosta, who was followed and supported
by General Mosquera. (F. M.).

"But as these authorities are Colombians, it could perhaps be
thought that they may have some of the defects of Senor Juarros
who was a Guatemalan.

318

"Let us then consult some foreign authorities, geographers and
historians —

"^Don Juan de la Cruz Cano y Olmedilla, in his map of 1775,
gives Bocas del Toro on the Atlantic to the Province of Veragua.

(Q- o.)

"The Carta esf erica de la Costa Occidental de America, a map
drawn by several officers of the Royal Navy in 1791 and pub-
lished in 1800, gives to Veragua the Gulf of Dulce on the Pacific
and Punta Car eta on the Atlantic. (Q. O.)

"The Map published by the General Marine Depot of France
in 1821, under the Ministry of Baron Portal, confirms the fore-
going. (Q. O.)

"In the map published by the British Admiralty in which the
coasts of Central America are shown the whole Bay of Almirante
is left to the Province of Veragua. (B. C.)

"Another Map of the British Admiralty, dated in 1849 'and
founded on the works of Captain Kellet and Commander James
Wood, constitutes a further confirmation. (B. C.)

"In the Map of Tanner the divisionary line starts from Boca
del Drago on the Atlantic and terminates in the midst of Dulce
Gulf on the. Pacific. (B. C.)

''Brue, in 1833, locates the line between Punta Careta and
Punta Burica. (B. C).

"D'Anville, R. Vaugondy, Fanden, Fidalgo, Arrowsmith, Ar-
pudia all confirm the claims heretofore made by Colombia. (O.
L.— Q. O.— V. P.— B. C).

"To those already cited may be added by way of confirmation :
Kitchin, Captain Owens, Lawrise, Lawrie and Whittle, Roberts,
Wyld, Collins, Jeronimo Garcia, Pedro Maria Iglesias and 'all
the historians, geographers, and the ancient classic and modern'
hydrographers, who have worked in this matter, as has been very
properly observed by one of my predecessors when discussing
this same question.

"And to all of them must be added the map of the Viceroy
Ezpeleta to which I have already referred and which, as was
observed by the learned writer, Quijano Otero, must be cited the
last of all, because it is the most authoritative and, in my opin-
ion, the most conclusive for Costa Rica, although not for Colom-
bia, who could alter it in its favor with other historical docu-

319

ments. This map, as I have already said, places as the boundary
a line running between Culebras river and Punta Burica.

"To this authority of the Spanish Government represented by
the Viceroy, I will only add one more which, by itself alone,
should settle this controversy: — that of Baron von Humboldt,
who fixes the boundaries of the two countries, Punta Careta and
Punta Burica.

"From all that has been stated it is deduced that the division-
ary line, far from being the one proposed by the Sefior Secretary
is another one which must run, with certain unimportant varia-
tions, from the Dorados, Dorces or Culebras river to the midst
of Duke Gulf, without considering that it might alter in any way
the rights of Colombia to the littoral of the Atlantic as far as
Cape Gracias a Dios, inclusive.

"Thus it will be seen that the authority of Seiior Juarros can-
not be consulted, when we have at' hand the rich collection of
authorities I have superficially pointed out to the Senor Sec-
retary.

"The Senor Secretary continues by citing several facts that oc-
curred at the end of last century relating to the jurisdiction exer-
cised at that time by Guatemala over the Islands of San Andres
and San Luis de Providencia and he deduces therefrom that in
that period the boundaries of Costa Rica 'were not in doubt.'

"I believe that those facts may prove the jurisdiction of which
he speaks; but I cannot understand how they can remove the
doubts surrounding the divisionary line on the Continent.

"The important fact that they prove, as affirmed by the Senor
Secretary, and the only one in my opinion, is the decided will of
those inhabitants to be segregated from the Captaincy-General.

"The Senor Secretary says that the King declared that he 'was
in accord' with that will, supported as it was by the Board of
Fortifications.

"The King did not declare that he 'was in accord' ; he ordered
that those islands, with the Mosquito Coast as far as Cape Gra^
cias a Dios, inclusive, should be segregated from the Captaincy-
General of Guatemala and should be dependent upon the Viceroy
of Santa FS.

"This is proved by the Royal cedula of 1803, of which a legal-

320

ized copy must be in that Department, because, as early as 1825,
it was presented to the Minister of Central America in Bogota^
who made no objection to it, in spite of the fact that it was the
basis offered for the Treaty that was signed at that time and
that determined clearly the uti possidetis of 1810 — the one it was
agreed should be accepted. •

"That accordance of the King, of which the Sefior Secretary
speaks, could only exist by his own will ; and as what is sought
as a basis of the uti possidetis of 1810, is that will stated in
Royal Cedulas, Royal orders, Ordinances and Pragmatics, we see
that this Cedilla is the valid title from which can be derived the
rights that we seek to establish.

"To invalidate that Cedula it is necessary to produce another
title of equal dignity containing a contrary order because, ac-
cording to the principle enunciated by the Sefior Secretary, — 'in
jurisprudence things are dissolved in the same order in which
they were combined.'

"The interpretation of this Cedula, whatever it may be, does
not seem to me to be authorized, as only the Sovereign who is-
sued it had the right to interpret it.

"And that Sovereign confirmed it later through his agent,
General Morillo, who declared, in 1815, by means of a Decree
published in Europe and America and communicated to various
Governments, that the blockade of Colombia was made, as in fact
it was, *f rom Cape Gracias a Diosf

"Furthermore, in jurisprudence as in logic, *it is not permitted
to interpret what does not need interpretation,' and that Cedula
is clear, laconic and decisive. The more is this so when its
strained interpretation favors only one of the contractual parties.

"I will not enter into a discussion of the name that must be
given to the document, to which I refer, because I consider it in-
congruous after having accepted the principle of the uti possidetis
of 1810, which arises not out of certain rights depending on such
and such titles, but rather from those titles which express the
will of the Sovereign.

"According to this principle of justice and equity, the territorial
titles of American nations are valid, not on account of the name
they bear, but on account of their origin. All of the Cedulas,
Ordinances, Royal Orders and Pragmatics have the same value

321 '•'

as to the obedience to be given to them. And this Cedula is of
the requisite origin and has been duly obeyed.

"It is for these very reasons that the Seiior Secretary has not
seen other Colombian negotiators present, in addition to this one,
any other titles, which, in their opinion, might have a character
of legality more definitive, because they consider this to be suf-
ficient.

"The Senor Secretary affirms that *the segregation never went
into effect.'

"If by segregation is meant a change of jurisdiction, I am able
to prove to the Sehor Secretary, by a great number of official
acts, that the Viceroy of Santa Fe fulfilled the order, watching
and governing those territories and that Colombia when it broke
the Spanish blockade with its victories, organized the trade of
those coasts and established therein its authorities, subduing and
bringing to trial the corsairs established there without its license
and dealing with the diplomatic negotiations that arose therefrom.

"In this Legation are to be found the official documents in
support of these well known acts.

''Central America never opposed that jurisdiction ; on the con-
trary it acquiesced therein many times. Neither did the Vice-
royalty interpose any objection when these same coasts were
segregated from it. Because the Sefior Secretary knows well
that the only aim of the Royal Cedula of 1803 was to restore the
territories which theretofore had belonged to it.

"It must not be thought that my reply to the Senor Secretary's
statement has any other purpose than to effect a generous com-
position that will comport with the interests of both countries,
and that will foster the brotherly sentiments of my Government
towards the people of Costa Rica, to whose prosperity it is anx-
ious to contribute.

"To establish clearly the rights of the country that I have the
honor to represent, and thereby lead to mutual and natural con-
cessions and at the same time respect the equitable principle of
the uti possidetis, should demonstrate practically the devotion to
the interests of brotherhood and union that must preside over
the relations of these nations — a consummation desired not only
by myself but by the Government and people of Colombia."

322

NOTE.
The foregoing document, though issued under the name of
General Correoso, Minister of Colombia to Costa Rica, in 1873,
was very likely prepared by his Secretary, Don Francisco de P.
Borda, well known for his important works on the question of
boundaries between Costa Rica and Colombia. Most of the
views set forth in this matter by Sefior Borda are found in this
statement. Later, this author with better knowledge of the docu-
ments, had the opportunity of avoiding many of the errors con-
tained in this document, but at the same time he forgot some very
important truths stated by him in 1873, such as, that the whole
Province of Veragua to which refers the Royal Cedilla of March
2, 1537, was the same province which was a fief of the Dukes of
VeraguQx, that is to say the Dukedom of Veragua.

Doc. 337 The Minister of Foreign Relations of Costa Rica, to Gen-
eral Correoso, Plenipotentiary of the United States of
Colombia, at San Jose.

September 20, 1873.

I have had the honor of receiving the esteemed despatch which
Your Excellency was pleased to address to me under date of
yesterday, declaring that being compelled by the demands of
other matters you are about to leave the country, ending for the
present the labors of the Legation under your charge; and that
as the Sr. General President is in fact now absent from this
capital and you are required to depart at once, you are therefore
obliged to forego the honor of presenting yourself in person and
in the usual manner to take, leave of him.

Your Excellency is pleased to add that you cherish the con-
fidence that the ties created, the principles established and the
political, moral and economic bases which the Government of
Costa Rica has brought forward prominently in the negotiations
with my predecessor, Seiior Dr. Monttifar, will be the founda-
tions of the most sincere friendship and fraternal relations be-
tween the two Republics, whose identity in sentiments and in
beliefs cannot be destroyed by any irrational egotism.

In conclusion Your Excellency indicates that you have no
doubt that the treaties celebrated will receive the approval of the

323

Kation you represent, and that the divisional line which has been
fixed will always show that peoples with sentiments of sincere
brotherhood know how to form with such lines a bond that will
bind them and make a sacrifice of their own convictions if it is
demanded by the honor of America and the fulfillment of our
history.

In due course, upon the return of the Sr. General President, I
will perform the duty of bringing to his knowledge this despatch
which, I am sure, he will duly appreciate, on account of the high
ideas of a true American which it contains as well as the sin-
cere and fraternal friendship it expresses between the Republic
of the United States of Colombia and that of Costa Rica.

My Government, as Your Excellency knows, desires of such
real union between the various States of Central and of South
America, has never hesitated in putting aside rights arising out
of titles, in its judgment legitimate, in the desire to permanently
establish upon bases of reciprocal convenience the most sincere
friendship with the Nation which Your Excellency has so worth-
ily represented.

It is not really the possession of these more or less insignificant
parcels of uncultivated territory that which constitutes the great-
ness of a Nation, but it is the spirit of progress which animates
them and the principles of true equity and justice upon which
they are founded, not only in their domestic policy but in their
relations with other nations. With peoples which touch each
other, like the Republics of the United States of Colombia and
that of Costa Rica, and each moreover belonging to the same
race, the frontier lines ought to indicate, not an absolute separa-
tion but rather a bond of union which identifies and mingles
their interests in the common aspirations of progress.

Such is the idea that has prevailed in the counsels of the Gov-
ernment of Costa Rica in preparing the boundary treaty with
Your Excellency. It also hopes that the Congress, to which at
the proper time this and other treaties will be submitted, the sub-
ject of the negotiations with Your Excellency, assured of the
value of these principles, will not refuse to them its sovereign
approval.

Although, I have not, for the reason above referred to, any
instruction from the Sr. General President, I can assure Your

324

Excellency the pleasure it has been for the Government to have
maintained with Your Excellency relations of the most frank
cordiality and the regret which is felt at your retirement and
still more your departure from the country, in the society of
which your absence will mean a real loss on account of the kind
feelings which have been aroused by your courtesy.

Upon returning to your own country to make a report to your
Government of the result of your high mission, Your Excellency
can take with you the assurance on the part of the Government
and the Costarican people of the sentiments of true fraternity
which animate them and their wishes for the prosperity of the
Colombian Government and people.

Desiring that Your Excellency may have a pleasant return, I
have the honor to assure you once more that I am your obedient
servant.

V. HerrEra.

Doc. 338 UNITED STATES OF COLOMBIA.

Report of the Secretary of the Interior: Foreign Af-
fairs: Addressed to the Congress of 1874.

Published at Bogota: print of Medaro Rivas, 1874.

Report of the Prefect of the Territory of San Andres: San
Luis de Providencia.

United States of Colombia. Prefecture of the National Terri-
tory of San Luis de Providencia.
No. 280.

San Luis, November 29, 1873.

Senor Secretary of Interior and Foreign Affairs :

In compliance with the law and your instructions and for the
information of the Congress, I submit to you a report of the
progress made in this territory during the time it has been under
my administration, as well as the result of the observations sug-
gested to me by a practical acquaintance with it.

325 - ?

The Island of San Andres and that of Providencia, which
formed a part of the sovereign State of Bolivar down to the year
1868, when they were ceded to the Nation, are now embraced
within that district which the Law of the 4th of June of that
year, accepting such cession, called the "Territory of San Andres
and San Luis de Providencia.'' That territory was divided for
the purposes of its administration into three Correjimientos (the
district of a Correjidor or Magistrate), that is to say : San Andres,
San Luis and Prozndencia, having a total population of 3,530 in-
habitants, according to the census taken in 1871.

The Island of San Andres embraces the Correjimiento of that
name and that of San Luis, having a superficial area of seven
miles long North and South and two wide at its broadest part.
It is situated at 18° N. E., at an elevation of 150 feet above the
level of the sea. Its mean temperature is 85°, rising to 98° and
falling to 78° by the Fahrenheit thermometer. Its port affords
excellent anchorage over an extent of four miles, with three or
four deep arms and sheltered from the winds. It is distant 220
miles from Colon, only 60 from the Mosquito Coast and 140 from
the Port of Limon, to which point the railroad comes that the
Government of Costa Rica now has in operation.

The population of the island may be said to be divided into
two classes. The first is made up of the descendants of some
colonists from Jamaica and a few from Curasao. These are the
fewest in number but they have kept possession of the best prop-
erties. The second consists of the descendants of the slaves,
nearly all of them African negroes and those that came from
Jamaica. Both classes live i na state of complete fusion, and
the latter are very proud of their Hberty and jealous of their
rights; they preserve the strength of their race and are quite as
much negroes as their ancestors. In general they are of good
stature, well formed and muscular.

They cultivate small plots, scarcely sufficient for their subsis-
tence, of yuca, bananas, maize and sugar cane, with which and
the help of some fishing and the pigs of which they breed a
small numiber, they meet their necessities during the intervals be-
tween the landings of the vessels that provide them with salt
meats, flour, rice, etc., and all the articles they use.

326

Their prineipal industry, or it might be said their only one,
is the cultivation of the cocoanut palm, which they extend day
by day, owing to the increasing demand for its product. They
live in wooden houses, most of them imported from the United
States of America, and both these and the people who dwell
in them are always exquisitely clean and decent. The Baptist
religion is the dominant one among them, and this is- the only
one that prevails in the territory. There are three ministers who
attend to the religious services, having edifices erected for such
purpose, the one erected in San Andres, in the central portion of
the island, being noteworthy for its capacity, comfort and the
good condition in which it is kept.

Beside the two islands mentioned of San Andres and Provi-
dencia, Colombia possesses some keys and islets in this part of
the Caribbean Sea, which together with them constitute the
"Archipelago of San Andres"; and therefore it seems proper,
to refer to the principal ones, more especially inasmuch as they
must be considered as included in the territory which I administer.

Curtown, distant 15 miles from the Island of San Andres, down
to the year 1839 had a considerable number of cocoanut palms,
which were destroyed by the great floods and a heavy storm that
occurred in that year. This is a point of great danger to ves-
sels, especially those coming from New Orleans. Several ship-
wrecks have taken place there.

Albuquerque is an islet situated 20 miles to the South of San
Andres. Until some years ago it had some guano, but this has
all been carried away by vessels coming there for that purpose
from England or the United States of America. At present
that article is entirely exhausted, there being left only a few
cocoanut trees, planted by fishermen, which have been rented out
for account of the National Government in accordance with the
Law of April 24, 1871.

Roncador is situated between 30" 30' and 13° 37' North lati-
tude and 80° 6' West longitude. Toward the N. W. of this key
there is a island of very small extent, with an elevation of only
six feet above the sea level. This a very favorable place for
turtle fishing. ,

327

The bank of Serrana is distant 45 miles N. N. W. from Ron-
cador and 80 from Providencia and has an elevation of eight
feet above sea level. There is a large quantity of guano here,
notwithstanding the constant shipments made by the Philadelphia
company of that article during the past few years.

Quitasuenos is a bank situated to the West of Serranna, and
owes its name to the danger which vessels run in approaching
it. Nothing of importance exists upon it.

There are, besides, other banks and reefs, such as Bajonuevo,
Serranilla, etc., a knowledge of which is only important to navi-
gators, since they are of no commercial interest.

With sentiments of distinguished consideration I subscribe my-
self, Sefior Secretary, your very obedient servant,

Eduardo Mamby.

The Minister of Foreign Relations of Costa Rica to that Docaag
of the United States of Colombia. Protest.

San Jose, June 11, 1875.

By a report made to this Secretaryship by the Political Chief
of Duke Gulf it has come to the knowledge of my Government
that the Cahildo (common council) of Alanje, in the jurisdic-
tion of Chiriqui, has leased the cocoanut groves upon the shores
of Burica which front upon the Gulf mentioned; it has levied
taxes upon the inhabitants of the place called Corredor and it
has leased and even undertaken to alienate a ranch belonging to
the same neighborhood.

My Government is desirous of believing that these facts
emanating from the Cahildo of Alanje are wholly without any
authorization from the Government of Your Excellency and that
they rather grow out of a mistake as to the jurisdictional bounda-
ries between your Republic and that of Costa Rica; but my Gov-
ernment cannot allow to pass unnoted acts which may later be
invoked as precedents that could be used to diminish the terri-
torial rights of the Republic of Costa Rica and it has received
instructions from H. E. the First Deputy in the exercise of the
Executive Power to make a protest, as I in fact do by this pres-

328

ent, against such acts done by the authorities of Chiriqui, which
imply the exercise of a jurisdiction which my Government
denies.

Your Excellency knows that there exists and is pending be-
fore the legislatures of both Republics a Boundary Treaty, in
which it was agreed between the two Governments, through
their legitimate representatives, to decide finally, by principles of
a true fraternity, the ancient question of boundaries. If such
Treaty has not been approved by either one of the legislatures,^
neither has it been rejected in a definitive way.

This Treaty having been initiated, the matter as yet not being
settled, both Governments are left on the footing that this ques-
tion is to be determined by diplomatic measures and in the in-
terests of both countries, which cannot but consider themselves
bound by the ties of family and friendship they have never failed
to profess, and therefore it appears that prudence counsels the
maintenance of the statu quo until a peaceful solution is agreed
upon for their antagonistic claims.

At the place called Corredor the Government of this Republic
has maintained, heretofore, a peaceful jurisdiction, keeping there
a Justice of the Peace by appointment from the Political Chief of
Dulce Gulf.

Consequently the jurisdictional acts which the authorities of
Chiriqui have undertaken to exercise in that territory ought ta
be considered as a real infringement of the statu quo.

My Government trusts that the Government of Your Excel-
lency, which has shown such marked evidences of the spirit of
harmony and conciliation which has animated it toward this
sister Republic, will not see in this step which my Government
deems it to be its duty to take anything more than the desire to
preserve inviolate the good relations existing with that of Your
Excellency, removing every cause for conflict which could pre-
vent the reaching of an agreement between the two countries re-
specting their jurisdictional boundaries.

In carrying out the instructions which I have received I take
the greatest satisfaction in submitting the considerations of sin-
cere appreciation and respect with which I am honored in sub-
scribing myself Your Excellency's obedient servant.

V. H^RR^RA.

329

The Secretary General of the State of Panama to That of Doc. 340
the Interior and Foreign Relations of the United States
of Colombia.

Sovereign State of Panama.

Executive Power. General Secretaryship of State.

Section of Government.

Bureau of General Affairs.

No. 61.

Panama, April 19, 1876.

Senor Secretary of Interior and Foreign Relations,
Bogota.

In possession of the facts asked for from the Department of
Chiriqui, I can now properly answer the note of your office,
dated the 25th of January last, marked No. 655, of Section 1, in
which you were pleased to send me a transcript of the commu-
nication of H. E. the Minister of Foreign Relations of the Re-
public of Costa Rica, protesting against certain acts which that
Government considered as an actual infringement of the statu-
quo between the two countries.

One of these acts, as to which the Government of our sister
Republic of Costa Rica has thought it to be its duty to call the
attention of the Government of Colombia is the leasing of the
cocoanut groves (cocales), situated upon the shores of Burica
and which face upon the Gulf of Dulce.

I understand that Costa Rica exercised acts of jurisdiction at
various points of the zone whose sovereignty it disputes with us ;
and I understand it because Colombia has always tolerated it with
a negligence truly deplorable; but I do not understand, Mr Secre-
tary, that Costa Rica also claims to find any change in the statu
quo on account of the rental of some properties situated in the

330

territory as to which there is no dispute and properties which have
belonged to the State of Panama since its creation.^

The cocoanut groves of Purica have been administered from
time immemorial by the municipal officers of the ancient Canton
of Alanje, later by the government of the extinguished Province
of Chiriqui/Sind later by the Government of the State, since 1855.

These cocoanut groves have always been leased by public com-
petition, they have appeared in the catalogue of the properties of
the State of Panama and their products formed a part of our
public revenues until 1873, when by Law 14 of that year they
were turned over to Public Instruction, the administration of
which branch being separate is in charge of a special board.
Since then the cocoanut groves in question have been adminis-
tered by the sub-director of Public Instruction of the District of
Alanje and their revenue has been applied to primary instruction.

The other of the acts against which the Government of Costa
Rica protests is the imposition of taxes by the Cahildo of Alanje
upon the inhabitants of the place called Corredor and the rental
of a cattle ranch belonging in the same neighborhood.

According to the reports received from the Department of

* The State of Panama was created by the legislative act of February
27, 1855, an addition to the Constitution of the Granadian Confederation
of 1853. As the laws of Colombia are not obligatory upon Costa Rica
and the question of boundaries is prior to the creation of the State of
Panama, the arguments of Senor Ardilla have no foundation. The laws,
of Colombia are not under discussion and the only question up for de-
cision is the territorial demarcation of Costa Rica and Veragua under
Spanish Laws and the uti possidetis of the year of the emancipation of
Central America and Panama.

It has been seen that the Commission of Chiriqui, in an official report
addressed in 1861 to the Government of the United States, recognized
that the coasts of Dulce Gulf as far as Punta Burica were under the po-
litical jurisdiction of Costa Rica and that in 1862 the Minister of For-
eign Relations of this Republic complained for the first time of the oc-
cupation of the shores of Burica by the Colombian authorities. The date
of the usurpation, therefore, of the shores of Burica, is not imme-
morial.

In 1852 and 1855 Senor Fernandez Madrid simply advised their ac-
quirement, which was not yet a consummated act in 1862, when the
"Geography of Panama," of Senor Felipe Perez was published. Codazzi
had only taken possession of that territory with his pencil. M. M. P.

Chiriqiii, and to which I alluded in the beginning, the small set-
tlement of Corredor was begun in 18G8 by cattle men from
Alanje, who, fleeing from the effects of the political revolts which
at that time disturbed the State of Panama, sought in that locality
the security which was lacking in the settled regions. The
colony of emigrants was established there, and, the better to
shelter themselves from the persecutions of which they were
afraid of being the victims, or believing that they had crossed the
border of the Costarican territory, they submitted to the first
Political Chief of the first frontier section, which was that of the
Gulf of Duke, and, says the Alcalde of Alanje, "it is fr^m that
time that the Government of Costa Rica has taken possession of
that locality, where it has an official known as a Regidor without
any other authority than the acquiescence of the emigrant people
from Alanje.''^

The hamlet of Corredor is situated at seven myriameters^ from
the headquarters of the District of Alanje, toward the frontier of
Costa Rica, and in the Northeast direction; and as the Sefior
Secretary may observe at five myriametres this side of the division
line which Colombia maintains as in accord with the uti possidetis
of 1810.4

This little hamlet so frequently referred to being, therefore,
upon Colombian territory, it would not be strange if the Cabildo
of Alanje should have levied local taxes upon its inhabitants;

'If the cattlemen of Alanje moved to Corredor, fleeing from the po-
litical insurrections of Panama, it is more likely it was because they be-
lieved that between Alanje and Corredor lay the frontier of Costa RicOy
as was really the fact, and it was popularly known that to the West of
the River Chiriqui-Viejo the territory of Costa Rica began. M. M. P.

•A measure of 10,000 metres, equal to 6.21 miles.

*The uti possidetis of 1810, — supposing that this conventional prin-
ciple had any obligatory value as regards Central America, in the sense
that Colombia announced it in 1823, — does not confer any right upon
Veragua, Panama or Colombia to the West of the River Chiriqui-viejo and
of the line of division between the ancient Captaincies-General of Guate-
mala and Panama; that is to say, — a straight line which, starting from
the Island of the Bscudo upon the Atlantic, terminates at Punta Burica.
This is the line of the uti possidetis of 1810 and 1821, according to the
very doctrines of Colombia, and in conformity with Law I, Title I, Book
V of the Recopilacion de Indias. M. M. P.

332

nevertheless, in giving to Costa Rica the response which is deemed
proper upon this point of its protest, I can assure you emphati-
cally that the Cahildo of Alanje has not imposed any tax upon the
inhabitants of Corredor, and that although it is true it proposed
to give a lease of a cattle ranch located in the vicinity of this
hamlet it desisted from its purpose simply in order to avoid all
complication with the Government on the other side of the Cor-
dillera of Las Cruces.

I trust that the contents of this note will enable you to make
the proper reply to the Minister of Foreign Relations of the
Republic of Costa Rica.

I am, Sefior Secretary, with the greatest consideration, your
very obedient servant and compatriot.

Francisco Ardilla.

Doc. 341 The Secretary of Foreign Relations of the United States
of Colombia to That of Costa Rica.

Secretaryship of Interior and Foreign Relations.

Bogota, May 16, 1876.

Under date of July 29th of the year last past I had the honor to
advise Your Excellency of the receipt of your despatch of July
11th of the same year, relative to various acts of the Cahildo of
Alanje, in the jurisdiction of Chiriqui, in the sovereign State of
Panama.

Immediately upon the receipt of the note of Your Excellency
concerning this matter, the Government of said State was re-
quested to make a report as to the points to which Your Excel-
lency made reference; and response was made in the language of
the copy annexed.

The report in this matter could not be sent immediately on
account of the local disturbances which occurred upon the Isthmus
during the last four months period of the past year.

It is a fact to be brought to the knowledge of His Excellency
the President of Costa Rica, through the worthy hands of Your
Excellency, that the Senate of Plenipotentiaries of Colombia
refused their approval to the Treaty of Friendship and Boun-
daries recently celebrated with your Republic; and consequently

333

the negotiat'.ons in that matter have in no way changed the
statu quo to which Your Excellency refers.

As the action of the Senate of Plenipotentiaries may have
been influenced by the report which was presented to it by Sefior
Joaquin Maria Vengoechea, Senator Plenipotentiary for the sov-
ereign State of Magddena, I deem it proper to send to you a copy
of the Diario Oficial (Official Journal), No. 3723, in which said
document is published.

I take this opportunity to offer to Your Excellency the assur-
ances of my highest and distinguished consideration.

M. Ancizar.

The Minister of Foreign Relations of Costa Rica to That Doc. 34a
of the United States of Colombia. Fixes the Territor-
ial status quo and Proposes Arbitration.

San Jose, July 25, 1876.

I made a report to H. E. the President of this Republic, with
the esteemed despatch of Your Excellency of the 16th of May
last, and with copy annexed of the report submitted by the Sefior
Governor of the Sovereign State of Panama, and I have been
directed to respond in the following terms.

The Congress of Costa Rica has not approved the Treaty of
Friendship and Boundaries lately made between this Republic
and yours. The opinion here was that it was unduly onerous as
regards the interests of Costa Rica and the legislative authority
has refrained from taking any action upon it.

The negotiations, then, as Your Excellency states, have not
changed the statu quo and Costa Rica under its oldest, most
positive and legitimate titles must be considered to be in pos-
session of its own territory, maintaining and protesting that its
boundary with your Republic is a straight line which starts from
Punta de Burica upon the Pacific and runs to the Bscudo de
Veragua upon the Atlantic. The attitude of the Senate of Pleni-
potentiaries of the United States of Colombia, the sentiment of
the Costarican people and the inaction of its Congress with respect
to this affair, indicate to us clearly that for both parties it is diffi-

4

334

cult to come to an agreement, as should be done by civilized
and sister nations ; moreover, the considerations of both civiliza-
tion and fraternity, as well as those of convenience, show that
these difficulties between the two governments should not be per-
mitted to continue, much less should there be war between
brotherly peoples on account of the failure to reach an agree
ment, so that the arbitration of a friendly nation should be con-
sidered. My Government, therefore, proposes as Arbitrator that
of the Republic of Chile.

Trusting that the method suggested may be accepted by the
Government of Your Excellency as the most just, obvious and
prudent one to elucidate and determine the pending boundar}^
question, I have the honor to repeat that I am with the highest
appreciation and regard Your Excellency's obedient servant.

Juan Raf^as^l Mata.

Doc. 343 The Secretary of Foreign Relations of Colombia to the
Secretary of Foreign Relations of Costa Rica.

United States of Colombia
Secretaryship of the Interior
and
Foreign Relations.

Bogota, September 5, 1877.

Sir:

The war in which the Republic has been engaged during a
year and of which Your Excellency is aware, has prevented me
from replying in due time to that Ministry's note of July 25 of
the present year, in which, Your Excellency referred to the
dispatch addressed to you by this Secretaryship on May 16, ul-
timo, relating to the boundary question between the two Re-
publics.

Your Excellency concludes by indicating that in order to set-
tle this matter the system of arbitration may be adopted, and you

335

propose on your part, as arbitrator, the Government of the Re-
public of Chile.

The Executive Power being now free from the grave situation
of war, it will give to Your Excellency's dispatch the necessary
examination and will take care of communicating to you the
resolution that may be taken.

With the expression of my distinguished consideration I am
Your Excellency's courteous servant,

EusTORGio Salazar,

His Excellency the Minister of Foreign Relations of the Republic
of Casta Rica.

The President of the Sovereign State of Panama to That doc. 344
of the Republic of Costa Rica.

July 29, 1879.
United States of Colombian:

Sovereign State of Panama.
The President of the State.

Most Excellent Sir:

Difficulties have very frequently arisen in America, by reason
of the fact that the boundaries have not been clearly defined, and
a disagreeable incident of this character has just occurred be-
tween the Political Chief of Duke Gulf and the Prefect of the
Department of Chiriqui.

The administrative authority of the Republic over which Your
Excellency worthily presides, declaring that it acted with the
authority of its Government, has disregarded the property right
held by Colombia to the territory wherein are located the ' Cocales
de Burica" (cocoanut groves of Burica), as well as the officer
placed there by the Alcalde of Alanje, which officer was replaced .
by another of its own appointment.

These acts, as Your Excellency cannot but observe, wounding
the national sentiments, have produced a profound indignation
among the Isthmian people.

33r,

The Government of this State, representing generally that of
the Republic, having been given cognizance of the acts which
have been referred to, the first impression having passed, limited
itself as was natural and its duty to taking such precautionary
measures as would satisfy the eager desires of a people strongly
aroused by the offence which an agent of the Government of
Your Excellency inflicted upon the national honor.

But, the antecedents being known to Your Excellency and
other reasons which show to Your Excellency the indisputable
justice of the Colombian view, I am led to hope with much rea-
son that the action of the Costa Rican authorities at Duke Gulf
will be disavowed, and that Your Excellency will take the steps
which are dictated by prudence to the end that new acts of hos-
tility may be avoided within the territory which up to the present
time has been in the peaceful possession of the Department of
Chiriqui, embraced within this State.

In this way the Government which I represent working in a
like manner, there would be no fear of any change in the friendly
and cordial relations which have existed until now between the
Governments of the two Republics, while the annoying question
of boundaries pending between them reaches a friendly and satis-
factory solution.

I take advantage of this opportunity to reiterate to Your Ex-
cellency the sentiments of my high esteem and respectful considera-
tion, with which I have the honor to subscribe myself Your Ex
cellency's humble and obedient servant.

Gerardo Ortega.

To the Most Ex. Senor General Don Tomas Guardia, Presi-
dent of the Republic of Costa Rica.

337

Notes Exchanged Between the Secretary of Foreign Re- Doc. 345
lations of Colombia and That of Costa Rica, Concern-
ing the Fixing of the Territorial status quo and the
Settlement of the Boundary Question by Means of Arbi-
tration.

Senor Rico to Doctor Machado.
Department of Interior and Foreign Relations.

Bogota, August 19, 1879.
Mr. Minister:

Under date of the 4th instant, by telegram sent to the Secre-
tary of Government of the State of Panama, I had the honor to
address to Your Excellency the following communication:

"The Secretary of State of the Government of Panama
advises this department, under date of July 18th last past,
that the Government of the Republic of Costa Rica occu-
pied a portion of Colombian territory and in the cocoanut
groves of Burica {Cocales de Burica), Department of
Chiriqiii, disregarded the official in charge and replaced
him with another appointed by the Jefatura of Duke
Gulfr

The Executive Power of Colombia, being desirous of main-
taining good relations with that of Costa Rica, is willing to be-
lieve that such acts, which have been carried out without pre-
vious notice, constitute abuses which the Government of your
Republic will have corrected or will be ready to correct ; and con-
sequently it confines itself to solemnly protesting against such
acts and demanding for the punishment of those responsible
therefor, as also that efficient measures be taken to avoid the
repetition of any acts of this character.

On the other hand it does not doubt that your Government will
take into account the circumstance that, under the last notes
exchanged between the Departments of Foreign Relations of the
two countries, respecting boundaries, they both agreed to respect
the statu quo, and therefore changes in the actual jurisdiction
ought to be effected by common accord.

The attitude of this Government in so delicate a matter will
show that of Your Excellency how keen is the desire which

Doc. 346

338

Colombia feels that its friendship with your country should not
suffer any interruption, a sentiment which I have no doubt will
be met by the just measures for justice that are indicated on the
part of Costa Rica in this matter with the fraternity that should
bind together the nations of America.

In the former communication which, as above stated, was
forwarded by telegraph, the other considerations were not taken
up on account of the lack of time. I will proceed to state them
to Your Excellency.

The correspondence exchanged between your Ministry and
this Department in 1876, respectively, left the principle estab-
lished that the statu quo should be respected in the boundary
question pending between the two countries. The Colombian
Government, proceeding in this matter as it has done in other
analogous ones, accepted very willingly the idea of submitting
the question mentioned to the decision of arbitrators and will
not hesitate in coming to an agreement with your Government,
in order to reach, by such means, a definite solution of that deli-
cate matter. Moreover, I trust that the incident occurring upon
the frontier, and which has led to this correspondence, will not
give rise to the dangerous situation which it was feared might
develop between the two nations.

With sentiments of distinguished consideration, I subscribe
myself Your Excellency's obedient servant.

Luis Carlos Rico.
To H. E. the Minister of Foreign Relations of the Republic of

Costa Rica, San Jose.

Doctor Machado to Senor Rico.

National Palace.
San Jose, October 27, 1879.
Sir:

I have the honor to acknowledge the receipt of the despatch
of Your Excellency, dated at Bogota the 19th of August of the
present year, and to reply thereto in conformity to the instruc-
tions which I have received from the Most Excellent Senor
General President.

In the first place, I must state to you the satisfaction which
my Government has felt at the good disposition shown by that

339

of Your Excellency, and it is to be hoped that it will never be
otherwise, in view of the bonds of friendship, of contiguity and
so many others which connect and tie together the two Re-
publics.

Allow me to advise Your Excellency that the Government of
Costa Rica has not occupied any portion of the territory of
Colombia.

If any misunderstanding has arisen between the officials of
Dulce Gulf and of Chiriqui, it has been on account of the lack
of a material demarcation of the frontier; but the only instruc-
tion which the Costarican officials have received from the Gov-
ernment has been that they should respect the statu quo.

Besides, an investigation has been directed to be made con-
cerning the acts to which Your Excellency has alluded, and in
this matter the Government will proceed animated by sentiments
of justice and fraternity.

If the Government of Colombia, as Your Excellency intimates
to me, shall desire to submit the question as to boundaries with
this Republic to an arbitration, there will be no difficulty in doing
so; and the head of the nation has given me instructions to sug-
gest to -Your Excellency the President of the United States, the
King of Belgium, or some other competent person whom the
Government of Your Excellency shall be pleased to designate.

I take pleasure in offering to Your Excellency for this pur-
pose the assurances of the appreciation and high consideration
with which I have the honor to subscribe myself Your Excel-
lency's obedient servant.

Rafael Machado.
To the H. E. Sr. Minister of Foreign Relations of the United

States of Colombia.

Bogota.

Senor Rico to Doctor Castro.
Department of Interior and Foreign Relations. ^^^ 347

Bogota, December 18, 1879.
Mr. Minister:

With the interest which the subject demanded, the citizen
President of the Union has taken note of the despatch of Your

340

Excellency, dated October 27th last past, in response to that of
this Department of August 19th last.

The terms in which Your Excellency expresses, in the name of
the Government you so worthily represent, the friendly senti-
ments which it harbors toward that of Colombia, can be appre-
ciated by this Government as no less than an evidence that it is
desired to preserve on a footing of perfect understanding the
relations which have hitherto existed between the two Republics,
and as a guaranty that in the future their rights and their legiti-
mate interests, as neighbors and adjoining each other, shall be
reciprocally respected and their differences decided in accord-
ance with equity and justice.

The Colombian Government has viewed with satisfaction the
fact that, as that of Costa< Rica is imbued with the sentiments
above enunciated, it may be agreed that the boundary question
which is now pending between the two nations shall be decided
by means of arbitration, as being the most conciliatory method
and affording, moreover, the assurance of perfect impartiality,
and it feels that the designation of arbitrator would be of the
highest character if it should fall, as suggested by Your Excel-
lency, upon the Most Excellent Sefior President of the United
States of America, H. M., the King of the Belgians or any other
of the sovereigns or governing authorities of the nations friendly
to both Republics ; but in order to make such designation, upon its
part, the Executive National Power requires the consent of the
Congress of Colombia, to which this matter will be referred at
its next session, during the month of February, recommending
that special attention be given thereto.

In the meantime the Colombian Government promises that, in
view of the orders which Your Excellency states have been issued
to the Costarican authorities along the frontier for the preserva-
tion of the statu quo, this will be maintained without any change
whatever.

I repeat to Your Excellency the protestations of the distin-
guished consideration with which I have the honor to subscribe
myself Your Excellency's obedient servant.

Luis Cari^os Rico.

To H. E. the Sr. Secretary of Foreign Relations of Costa Rica,

341

Testimony of Witnesses Concerning the Intrusions of the Doc. 348
Colombian Authorities into the Region of Dulce Gulf,
Costa Rica.

From November 1st to 6th, 1879.

Jefatura Politica of Dulce GtUf.

At 11 o'clock on the 1st day of November of the year 1879,
this office having received an order, dated the 9th of September
last, from the Honorable Sefior Minister of Government, to take
an inquest for the purpose of showing the outrages committed
upon Costarican territory by the Prefect of the Department of
Chiriqui, which consisted in placing a picket of troops upon
this side of Punta Burica, with the purpose of supporting the
lease of the cocoanut groves which are to be found situated upon
this side of said Point, which was done by the Alcalde of the
District of Alanje of that Department.

Therefore, let the Seiiores Don Bonifacio Arauz, Nicolas
Caballero, Jose Gomez Rodriguez and Ruperto Caballero, be and
appear at this office and make their declarations as to what they
know in this respect, which appearance shall be three days from
this time; and let the witnesses be notified.

Francisco G6mez.

P. Castro Q.

Manuel Gai^legos.

Jefatura Politica of Dulce Gulf.

On the same day notices were served concerning the above
matter upon the witnesses, Don Bonifacio Arauz, Nicolas Cabal-
lero, Jose Rodriguez Gomez and Ruperto Caballero.

Francisco G6mez.

Cabai^IvEro.

Cabai^lero.

Rodriguez G6mez.

Arauz.

34:

Jefatura Politica of Dulce Gulf.

At 10 o'clock on the 3rd day of November of the year 1879,
there appeared Nicolas Caballero, to whom the oath was admin-
istered after the previous reading of the provisions of the penal
law concerning false witness and perjuries ; he took it by God,
Our Lord, and the sign of the cross, by which he promised to tell
the truth as to what he knew and should be interrogated, and
under said provisions he was asked his name, age, condition,
business, nativity, residence and religion; and he answered, that
he was called Nicolas Caballero, that he was of age, married, a
native of Chiriqui, a resident of this Canton and professed the
Catholic religion.

Being asked if he knew that during the first days of
the month of July of the present year the Prefect of the De-
partment of Chiriqui, Doctor Bernardo B^llarino, ordered a
picket of troops to be located upon this side of Punta Burica,
Costarican territory, with the object of supporting the lease which
had been made by the Senor Alcalde of the District of Alanje,
of that Department, (of the cocoanut groves) which were found
to be situated upon this side of said Point, he answered, that it is
true that the Prefect of the Department of Chiriqui ordered a
picket of troops, which was composed of fifteen men under the
command of the officer Federico Delgado, which picket was sta-
tioned more than a league on this side of Punta Burica, and it
remained in that place fifteen days, with orders to arrest those
who went to gather cocoanuts under authority from Costa Rica,
because those cocoanut groves had been leased by the Alcalde of
the District of Alanje, Chiriqui, for the period of two years, to
the Seiiores Manuel Morales and Gregorio Gallardo, who are
continuing up to now exploiting the said cocoanut groves, under
the lease made by the Alcalde of Alanje; and beside this, both
the officer of the squad as well as the soldiers stated that they
had orders from the Prefect of Chiriqui to bring away bound
the one who should have accepted the position of Deputy in that
locality on behalf of Costa Rica.

Being asked if he knew or had heard it said that the Political
Chief had ever done anything to cause the Prefect of Chiriqui
to place a picket of troops there, or that the former had ever

in any way violated Colombia's territory, he answered that he had
never heard it said but quite the contrary, because the principal
people of Chiriqui were surprised at the action of the Prefect,
without knowing the reason for it.

Being asked if he knew or had heard it said that upon the
shores on this side of Punta Burica there had ever been at any
time any authority exercised on behalf of Colombia, he answered
that he had never seen it, nor had be ever heard of any such thing ;
that he is acquainted with all those localities and that there had
not been any Colombian authority exercised in any part thereof,
except it was in the place called San Bartolo.

He stated that what he said and declared was true, under his
oath ; and his declaration having been read to him, he affirmed
and ratified it and signed it with me as evidence thereof.

Francisco Gomez.

J. Castro Q.

Nicolas Caballero.

Manuel Gallego.

At Dulce Gulf, at 1 p. m. on the 3rd day of the month of
November of the year 1879, there appeared at this office the
Seiior Ruperto Caballero, who was sworn in legal form and
took the oath by God, Our Lord, and the sign of the cross, by
which he promised to tell the truth as to what he knew and
should be interrogated, and being advised of the provisions of
the penal law concerning false witness and perjuries, he was
asked as to his name, condition, business, nativity, residence and
religion. He answered, that he was called Ruperto Caballero,
that he was fifty years of age, married, a sailor by trade, a native
of Chiriqui, a resident of this District and of the Christian re-
ligion.

Being asked if he had heard it said that the Prefect of Chiriqui
placed a picket of troops upon this side of Punta Burica by which
the division line passes between Colombia and Costa Rica, he
answered, that he knew that in the last days of the month of July
of the current year, the Prefect of the Department of Chiriqui
directed there should be stationed at a distance of about two
leagues on this side of Punta Burica a squad composed of fifteen

344

men, under the command of Sefior Federico Delgado, which
squad remained there for the period of ten or twelve days.

Being asked if he knew or had heard it said what the object
was which the Prefect of Chiriqui had in placing the said squad
there, he answered, that he knew positively that the Sefior
Alcalde of the District of Chiriqui had leased, for the period of
two years, the cocoanut groves which are to be found on this
side of said Point, to Seiiores Manuel Morales and Gregorio
Gallardo, and that the Prefect of Chiriqui in placing the said
squad there did so with the purpose of supporting the action of
the Alcalde of Alanje.

Being asked if he knew or had heard it said that at any time,
upon the shores on this side of Punta Burica, there had been
known any authority placed there on behalf of Colombia, he
answered, that this had never happened; that he only knew that
the Political Chief of Duke Gulf appointed Sefior Tomas Cubillo
as Deputy there, who was ordered to be carried away bound by
the Prefect of Chiriqui, if he should have accepted the appoint-
ment, but as upon the arrival of the squad Sefior Cubillo became
frightened, he denied to them the said appointment and in this
way he escaped being carried away bound.

Being asked if he knew or had heard it said that the Political
Chief of Duke Gulf may have at any time taken an armed squad
in order to pursue some criminal or in any way may have gone
over from that side of Punta Burica^ or may have in any manner
gone into Colombian territory, doing any act with authority, he
answered, that he had never heard it said that there had ever
been an armed squad at Duke Gulf, either to pursue any criminal
or for anything else, that the authority at Duke Gulf never had
used any squad, not even for the guard of the settlement.

He said that his statement and declaration was true, under his
oath, and his declaration being read to him, he approved and
ratified it

Francisco Gomez.
Manuel Gallego.
R. Caballero.
Jose Castro Q.

345

At Dulce Gulf, on the 4th day of the month of November, of
the year 1879, there appeared at this office Senor Jose Rodriguez
G., who was sworn after the previous reading of the provisions
of the penal law concerning false witness and perjuries, and
under the said provisions he was interrogated as to his name,
age, condition, business, nativity, residence and religion. He
answered, that he was called as above stated, that he was of age,
a bachelor, a sailor, a native of Portugal, a resident of this Canton
and of the Apostolic Roman Catholic religion.

Being asked as to what he knew as to a squad, which the
Prefect of Chiriqiii directed to be stationed upon this side of
Punta Buricw, upon Costarican territory he answered, that during
the first days of the month of July it arrived upon the shores
of Burica, at a considerable distance on this side of the Point
of Burica, which was respected as the statu quo between the two
nations of Colombia and Costa Rica, and that the reason for it
was that the Senor Alcalde of the District of Chiriqui gave a
lease for a term of two years to Senores Manuel Morales and
Gregorio Gallardo of the cocoanut groves which are found on this
side of the Point mentioned ; that he knew also that the Political
Chief of Dulce Gulf, upon being notified of this action, sent a
note of request to the Senor Prefect of the Department of Chiri-
qui, asking that he prevent this abuse by the Alcalde of the Dis-
trict of Alanje, and that upon receiving this note the Prefect of
Chiriqui ordered the squad mentioned to go thither with the
purpose of supporting the lease which had been made by the
Alcalde of Alanje and at the same time to prevent cocoanuts
being taken away under the authority of Costa Rica.

Being asked if he knew or had heard it said that on this side
of Punta Burica there had ever been known any Colombian au-
thority, he answered that none such had ever been known there.

Being asked if he knew that Senor Tomas Cubillo was ap-
pointed as Deputy at that place, which appointment was sent to
him by the Political Chief of Dulce Gulf, he answered, that he
knew this positively, and that while the squad ordered thither
by the Prefect of Chiriqui brought definite orders to bring Senor
Cubillo away bound as the Costarican Deputy, still the chief of
the squad, Senor Federico Delgado, did not make the arrest
of Senor Cubillo, the latter having denied that he was such

346

Deputy, and that this was surely done because of his fear of the
violence with which the squad came there.

He said that what he stated and declared was the truth under
his oath and his declaration being read to him he affirmed and
ratified it and signed it with me as evidence thereof.

Francisco Gomez.

Jose Castro Q.

Jose Rodriguez Gomez.

Manuei^l Gallego.

Jefatura Politica of Dulce Gulf.

At 12.30 on the 4th day of November of the year 1879, there
appeared at this office Don Bonifacio Arauz, who was legally
sworn and he took the oath by God, Our Lord, and the sign of
the cross, by which he promised to tell the truth as to what he
knew and should be interrogated.

Being asked his name, age, condition, business, nativity, resi-
dence and religion, he answered, that he was called Bonifacio
Arauz, that he was of age, a widower, a native of Chiriqm, ^
resident of this District and professed the Apostolic Roman
Catholic religion.

Being asked what he knew respecting a squad which was
ordered to be stationed upon the shores of Burica, during the
first days of the month of July of this year by the Prefect of the
Department of Chiriqui, he answered, that it is known that the
Alcalde of the District of Alanje, Chiriqui, made a lease, for a
term of two years, of the cocoanut groves which are found upon
this side of Punta Burica, by which the division line passes or
that is to say the statu quo between Colombia and Costa Rica;
that the lessees of the said cocoanut groves were and are Sefiores
Manuel Morales and Gregorio Gallardo, and also that the Prefect
of Chiriqui undertook to support the action of the Alcalde of
Alanje, simply because the official at Dulce Gulf asked him to
put an end to the lease which had been made by the said Alcalde
and that this was enough to cause the Prefect of Chiriqui,
Doctor Bernardo Ballarino, to order fifteen men, under orders

347

of the officer Federico Delgado to take his station at a distance
of two leagues more or less upon this side of Punta Burica, with
instructions to arrest whoever might be in authority there ap-
pointed on the part of Costa Rica.

Being asked if he knew or had heard it said that at any time
there had been known upon the shores which are on this side of
Punta Burica any official appointed there on the part of Colom-
bia, he answered, that it had never been known, except it was
at the place called San Bartolo; that he, as a native of the De-
partment of Chiriqui, is perfectly well acquainted with all of these
localities, and that even in Chiriqui itself from this side of the
Chiriqui-viejo it was all reputed to be Costa-rican territory.

Being asked if he knew or had heard that any of the author-
ities of Dulce Gulf ever put a Deputy or in any way invaded
Colombian territory, he answered, that he had never had heard
it said but that on the contrary the authority at Dulce Gulf had
given guaranties to all the Colombians who were found in Dulce
Gulf.

He said that what he had stated was the truth under his oath
which he had taken and his declaration being read to him he
affirmed and ratified it and signed it as evidence thereof.

Francisco Gomez.

Jose Castro Q.

Bonifacio Arauz.

Manuel Gallego.

Jefatura Politica of Dulce Gulf.

November 6, 1879.

These declarations having been taken, let them be forwarded
as requested by the Honorable Senor Minister of Government
ior the due effect thereof.

Francisco G6mez.

Manuel Gallegos. .

J. Castro Q.

348

Thereupon, and on five sheets these proceedings were for-
warded to the Honorable Seiior Minister of Government.

Gomez.

Doc. 349 Senor Rico, Secretary of Foreign Relations of the United
States of Colombia, to That of Costa Rica.

Secretaryship of Interior and Foreign Relations

Bogota, November 28, 1879.
In the official communication of August 19 last I had the honor
to address to Your Excellency a despatch which stated as follows :

"Under date of the -ith of the present month, by a tele-
gram sent to the Secretary of , Government of Panama, I
had the honor to address to Your Excellency the following
communication :

"The Secretary of State of the Government of Panama
advises this Department, under date of July 18th last, that
the Government of the Republic of Costa Rica occupied
a portion of Colombian territory and in the cocoanut groves
of Burica {Cocalcs de Burica), Department of Chiriqui,
disregarded the official in charge and replaced him with
another appointed by the Jefatura of Dulce Gulf."

''*The Executive Power of Colombia, being desirous of
maintaining good relations with that of Costa Rica, is will-
ing to believe that such acts, which have been carried out
without any previous notice, constitute abuses which the
Government of your Republic will have corrected or it
will be ready to correct ; and consequently it confines itself
to solemnly protesting against such acts and demanding
for the punishment of those responsible therefor, as also
that efficient measures be taken to avoid the repetition of
any acts of this character.

"On the other hand, it does not doubt that your Gov-
ernment will take into account the circumstances that,
under the last notes exchanged between the Departments
of Foreign Relations of the two countries, respecting bound-

349

aries, they both agreed to respect the statu quo, and there-
fore changes in the actual jurisdiction ought to be effected
by common accord.

"The attitude of this Government in so delicate a matter
will show to that of Your Excellency how keen is the de-
sire which Colombia feels that its friendship with your
country should not suffer any interruption, a sentiment
which I have no doubt will be met by the measures for jus-
tice that are indicated on the part of Costa Rica in this
matter with the fraternity that should bind together the
nations of America."

"In the former communication which, as above stated,
was forwarded by telegraph, the other considerations were
not taken up on account of the lack of time. I will pro-
ceed to state them to Your Excellency.

"The correspondence exchanged between your Ministry
and this Department in 1876, respectively, left the principle
established that the statu quo should be respected in the
boundary question pending between the two countries.

"The Colombian Government, proceeding in this matter
as it has done in other analogous ones, accepted very will-
ingly the idea of submitting the question mentioned to
the decision of arbitrators and will not hesitate in coming
to an agreement with your Government, in order to reach,
by such means, a definitive solution of that delicate matter.

"Moreover, I trust that the incident occurring upon the
frontier and which has led to this correspondence, will not
give rise to the dangerous situation which it was feared
might develop between the two nations."

As I have not had the honor of receiving a response from Your
Excellency to the above inserted note, it has seemed to me for
that reason desirable to transcribe it.

It having been agreed between the two nations some two years
ago that the statu quo should be maintained, it can but appear
strange to the Government of Colombia to see the determination
upon the part of that of Costa Rica as regards the jurisdiction
which it claims to exercise over the ancient Canton of Alanje.

According to the last communications received from the Gov-

350

ernment of Patiama in reference to this matter, the authorities of
Costa Rica insist upon exercising jurisdiction over various points
of the Colombian territor}^ respecting which there is no doubt
whatever as to their being included within our territorial limits
under the tenor of the statu quo already mentioned; and I have
received instructions from the Citizen President to reiterate to
your Government the protest of that of Colombia against the
commission of such acts, which it persists in hoping have not
been authorized by the Executive Power of your Republic.

With the greatest consideration, I subscribe myself Your Ex-
cellency's very humble servant.

Luis Carlos Rico.

Doc. 350 The Secretary of Foreign Relations of Costa Rica to That

of Colombia.

National Palace,
San Jose, March 12, 1880.
Mr. Minister:

The satisfaction which was felt by my Government at the
courteous note of Your Excellency of November 18th last, con-
cerning the good disposition of that of Your Excellency as to sub-
mitting to arbitration the boundary question existing between
the two nations, and its purpose to preserve meanwhile the statu
quo, corresponds to the feeling with which I now address myself
to Your Excellency, with the accompanying certified copies, by
which it appears that the officials of Chiriqui continue their
advances and their abuses, with a view to the exploitation of
the cocoanut groves located upon this side of the Punta de Burica.

The Government of this Republic at once decided that Your
Government did not have even a knowledge of such acts and that
when they were brought to its notice the necessary measures
would be at once taken to the end that the authorities of Chiriqui
keep within their proper limits, respecting, as they should, the
traditional statu quo which has been observed by both countries.

Under this attractive idea, founded upon the high probity of
your Government, I forward the documents referred to in the
honorable care of Your Excellency.

351

I take this opportunity to renew to Your Excellency the assur-
ances of my appreciation and of my very distinguished considera-
tion. Jose Maria Castro.

To the Excmo. Sr. Minister of Foreign Relations of the Re-
public of Colombia.
Bogota.

Inquisition Held in Chiriqui, by Dr. Don Jose de Obaldia, Doc. 351
Relating to the Territorial Claims of Colombia to Punta
Burica.

- ■ J

(Annex to Instructions of Dr. Holguin).

David, April 14, 1880.

Seiior Don Manuel Antonio Herrera.

My esteemed friend and compatriot :

In order to fulfill the desires of the Chief of the National Gov-
ernment relative to the orders (of which without doubt you are
not ignorant) dictated by the President of Costa Rica, disregard-
ing the territorial right of Colombia over Punta Buricoi, I beg
that you will respond, as it were under the solemnity of an oath,
to the following queries:

1. Do you possess, or can you get, so as to forward to me, an
exact copy, even though it may not be certified, of the orders to
which I have just referred, and the notes which passed between
the authorities of the two countries and which have been pub-
lished in the official periodicals ?

2. Have you any knowledge that subsequent to these publica-
tions any step was taken on the part of the Government of Costa
Rica, or of the employees of that Republic, with the object of
preventing Colombians from gathering cocoanuts from the shores
denominated Burica without the permission of Costa Rican
officials ?

3. As a native of the State of Panama, and for many years
resident in this Department of Chiriqui, do you know positively
that the authorities of this Republic have sold at public sale with-

352

out contradiction, since our independence from Spain, in 1821,^
as a municipal asset, the right to gather cocoanuts from the shores
of B uric a?

And 4. Have you any knowledge that such sales were con-
tinued, or that they were suspended, subsequently to the orders
of the Government of Costa Rica, referred to in the first ques-
tion? In the second case, have you received any information as
to the reason or' reasons for the suspension of such sales ?

I hope that you will permit me to make such use of the response
which you may be pleased to give me in pursuance of this letter
as I may deem desirable, thanking you now for the trouble that
I may occasion you.

I remain your very cordial friend and servant.

Jose de Obaldia.

Senor Don Jose de OBAU)iA,
Present.

My esteemed friend and compatriot:

I would have liked — such was my desire — to have given you
sooner a response to your letter of the 14th of April last past,
with which you were pleased to honor me; but domestic events
on the one hand and official engagements on the other, have com-
pelled this involuntary delay, for which I beg that you will excuse
me.

I will begin at once my response to your kind communication,
stating to you my regret that I do not possess the official docu-
ments which are indicated in the first point of your letter, and that
although I have taken some steps for the purpose of getting them,
so as to have the pleasure of sending them to you, it has not been
possible for me to obtain them, notwithstanding my diligent
efforts.

*Let it be noted that Dr. Obaldia, an important personage in the ex-
tinguished State, now the Department of Panama (1890), and former
Vice President of the Republic of New Granada, fixes the independence
of Panama (and of its Province of Veragua) in 1821, the same year in
which that of Guatemala was secured and of Costa Rica; and therefore
the uti possidetis of 1831 is the only one which, under the most elemental
principles of Public Law, can be accepted in the boundary discussions
between Costa Rica and Colombia. M. M. P.

353

Taking up now the second point of your letter, I will say to
you that notwithstanding the official publications of the Govern-
ment of Costa Rica, to which you refer, it is a matter of public
notoriety that the Political Chief of the region of the Gulf of
Dulce has issued orders, since the last year, preventing Colom
bians from gathering cocoanuts from the shores of Burica, when
since our independence from Spain, in 1821, the authorities of
this Republic have always sold publicly without contradiction, as
a municipal asset, the right to gather cocoanuts from the said
shores of Burica; so that the said cocoanut groves form a part
of the State properties, under clause 3 of Art. 668 of the Adminis-
trative Code, and its revenue is now applied for the public instruc-
tion of the district of Alanje.

Referring now to the final part of your letter, I can assure you
that notwithstanding this was sold by the respective Colombian
authorities, the Political Chief of Dulce Gulf, who is said to act
under instructions from the Cabinet of San Jose, has prevented
the Colombian purchaser from gathering the fruits of those cocoa-
nut groves, by threats, in scandalous violation of Colombian ter-
ritory.

Having thus answered your esteemed letter, you are at liberty
to make any use of this response that you may find desirable.

With sentiments of the highest consideration, I have the honor
to subscribe myself your cordial friend and servant.

M. A. H£:rre:jia.

David, May 1, 1880.

David, April 14, 1880.
Senor Don Simon Esquivel.

My esteemed friend and compatriot:
In order to fulfill the desires of the Head of the National Gov-
ernment, relative, etc. (Here follows letter as above to Don M.
A. Herrerra, with single change of question 3, which reads as
follows : "As a native of the City of Panama and an old resident
in the Department of Chiriqui * * * etc.," and it then pro-
ceeds as in the one referred to).

Jose de OBA^DfA.

354

Seinor Don Jose de Obaldia.

My distinguished friend and compatriot:

As if it were under the solemnity of an oath, I am glad to
respond to the enquiries which you have been good enough to
send to me in the prior letter, in the manner following:

1. I have not the orders which may have been issued by the
President of Costa Rica, or any of his agents, disregarding the
right of Colombia over Pimta dc Burica; but you can get such
orders from Senor Manuel Morales, a resident of the district
of Alanje, to whom they were directed, on account of that gentle-
man being the lessee of the cocoanut groves of Burica during the
year last past, to whom the Prefect of the Department presented
them as proof that the authorities of that Republic prevented
him from exercising his right to gather the cocoanuts which
had been given to him by the Subdirection of Public Instruction
of the district of his residence. The notes exchanged thereupon
between the President of the State of Panama and that of Costa
Rica, you will see in Nos. 465 and 467 of the '*Gaceta de Panama,"
which you will find annexed hereto.

3. Since these publications I have heard it said that the Gover-
nor of Duke Gulf has not only prevented the gathering of cocoa-
nuts on those shores by the one to whom the lease was made by
the Sub-directions of the district of Alanje, but that, usurping the
cocoanut groves entirely, he has leased them for the account of
his own Government.

3. The cocoanut groves of Burica, belonging to the extinguished
Province of Chiriqui, were incorporated as one of the properties
of the State of Panama by the Law of May 30, 1863, and ceded
to the Public Direction of the district of Alanje in the Law 14
of 1863, and for that reason the Sub-direction of that district
has always leased them in order to obtain the yield upon its in-
vestment.

4. In the year 1874 or 1875 the Governor of Dulce Gulf ad-
dressed himself to the Prefecture of this Department, stating that
the cocoanut groves of Burica belonging to that Republic in virtue
of a treaty concerning boundaries, they had been improperly
leased by the authorities of the district of Alanje; but the under-
signed, who had at that time the honor to fill that position, an-

355

swered it showing his error and the disapproval the Congress of
Colombia gave to the treaty upon which he planted himself ; and
since that time he has not again touched upon this question di-
rectly or indirectly, until now that the Government of Costa Rica
has dictated the orders we have mentioned. ^

You may make such use of this reply as you find desirable and
cons-lder me at all times as your true friend and obedient servant.

Simon Esquivel.

April 18, 1880.

David, April 14, 1880.
Senor Dr. Don Agustin Jovane,

Present.
My esteemed friend and compatriot, etc.

Here is a literal reproduction of the letter addressed to Don
Simon Esquivel.

Senor Don Jose de Obaldia.
My distinguished friend:

With pleasure I answer the foregoing interrogatory by you, if
I can in any way contribute to clearing up the rights of Colombia
to the territory of Punta de Bfirica and its cocoanut groves, as
follows :

1. I do not possess, nor have I been able to obtain the orders
dictated by the Government of Costa Rica, nor the notes ex-
changed between the authorities of the two countries concerning
this point ; but I suppose that the last dispositions of the Governor
of "Dulce Gulf," are now in the possession of the Secretary of
Foreign Relations, prohibiting the lessee of Alanje from gather-
ing cocoanuts to which he had the right, and declaring that he
had leased the cocoanut groves by order of his Government.

'The Governor of Duke Gulf went outside of his attributions in ad-
dressing himself to a foreign authority concerning matters within the ex-
clusive cognizance of the Secretary of State; and besides he committed
an error in saying that the cocoanut groves of Burica belonged to Costa
Rica m virtue of a treaty of boundaries. This treaty, which remained as
a project, only sanctioned a part of a legal fact which had subsisted
since 1540 and was notorious in 1861, without the slightest objection oa
the part of Colombia or Veragua. M. M. P.

356

These documents were forwarded to the Secretary of State, and
the latter replied that he had sent them to the Secretary of Foreign
Relations of the Nation.

2. It was after the publication in the year last past of the notes
exchanged between the Prefect of this Department and the Gov-
ernor of Duke Gulf, and the one addressed by the President of
the State to the one of like rank of Costa Rica, that that Govern-
ment took a decided interest in preventing Colombians from
gathering cocoanuts on the shores of Burica. without the per-
mission of those officials.

3. As a native of the State of Panama and an old resident
in this Department, I am sure that the authorities of this Republic
have sold, without contradiction, since our independence, as a
municipal asset, the right to gather cocoanuts from the shores of
Burica.

-i. I do not know whether the sale may have been suspended
recently, made by the Cabildo of Alanje in favor of Senor Manuel
Morales, resident of that district, but I fear so, because the au-
thorities here have not taken any measures to protect him in his
rights, although he came in due time to ask them.

You can make such use as you may deem desirable of this
answer and dispose of the sincere regard of your friend and ser-
vant. Agustin Jovane.

Dafvid, May 9, 188a.

Doc. 352 The Secretary of Foreign Relations of Colombia to That

of Costa Rica.

United States of Colombia,
Department of Foreign Relations,

Bogota, April 20, 1880.
Mr. Minister:

In addition to the note of my Department, dated September
25, 1877, replying to that of Your Excellency of the 25th of
July of that year, I am instructed by the President of the Re-
public to state to Your Excellency that while it is very
clear that it is the intention of the Government of Costa Rica and
of that of Colombia to submit the settlement of the questions pend-

357

ing between the two nations as to boundaries to an arbitral de-
cision, as it behooves civiHzed and sister peoples to do, and to
preserve in the meantime the status quo until it is carried out, it
is no less certain that the demarcation of the boundary between
your Republic and that of Colombia, which Your Excellency sets
up in the note mentioned of July 25, 1877, that is to say, follow-
ing a straight line from Punta de Burica, upon the Pacific, to the
Bscudo de Veragua, in the Atlantic, is not, nor can it be, the
divisional line between the two Republics, and much less can it
serve as a basis for the preservation of the statu quo.

In view of the fact that Your Excellency has not yet been
given the answer promised in this Department's note of Sep-
tember 25th, 1877, touching upon the status quo of the pending
questions relating to the boundaries between the two countries
— a status quo which has not been altered by the negotiations
entered upon at different times, and which the two governments
are in accord in not altering — I should say to Your Excellency
that on that date the Government of Colombia did not find it
convenient to protest against that demarcation of territory
whicli Your Excellency proposed in your above mentioned note,
for the reason that it was not imagined that the government of
that republic, in fixing upon the boundaries mentioned between
the two nations, could have had in mind anything more than
the prompt formulation of its claims, with no thought, however,
of attempting in any way to enforce them as it has succeeded
in doing, in flagrant violation of the rights of this country and
without awaiting the reply of this government. By virtue of
the uti possidetis of 1810, and firmly based upon authentic and
irrefutable documents, the boundaries of Colombia extend on
that side as far as Cape Gracias a Dios, embracing all of the
Mosquito Coast on the Atlantic, and as far as the Golfito river
on the Pacific ; but for the preservation of the status quo, which
both governments have agreed not to alter pending the arbitral
decision, my government maintains and insists that the boundary
line that should separate the two republics during the period in
which the boundary questions remain pending is the following,
on the Atlantic side: The main course of the Culebras river as
far up as its sources, following a line along the summits of the
Las Cruces range to the mouth of the Golfito river in the Gulf

358

of Duke on the Pacific. This government looks upon any act
of jurisdiction by Costa Rica on the farther side of that bound-
ary as an act of usurpation. My government purposes to take
the necessary measures to bring these questions to a settlement
in the shortest time possible and by means of the dignified and
conciliatory method proposed by Your Excellency's government
and accepted by mine, and it purposes also to issue such orders
as may be requisite to avoid any conflict between the two re-
publics pending the determination of the arbitration; but my
government ventures to express the hope that the Government
of Costa Rica, justly acknowledging the moderation and good
feeling of the Colombian government, will spare no efforts to
preserve and make more binding — if this be possible — the ties
of cordial friendship that have always united the two republics.
With sentiments of the highest and most distinguished con-
sideration, I subscribe myself your devoted and obedient ser-
vant,

Luis Carlos Rico.
To His Excellency,

The Minister of Foreign Relations
- of the Republic of Costa Rica,
San Jose.

Doc. 353 The Secretary of Foreign Relations of Costa Rica to That

of Colombia. Protest.

National Palace,
San Jose, May 15, 1880.
Senor :

Among the printed matters brought by the mail today to this
capital there has been received No. 398 of ''La Bstrella de Pana^
ma" (The Panama Star), dated the 6th of the present month.

Under the heading of "Important Telegram," it was stated
in that number that the general Government of Colombia had
addressed to the State of Panama, under date of April 20th, a
telegram ordering that the suggestion be conveyed to the Cap-
tains of the North American war vessels "Kearsarge" and
"Adams," if they were still to be found within Colombian waters,
that they suspend the operations they were carrying on in the

359

Chiriqui Lagoon and in Duke Gulf, and that the "Adams" should
immediately withdraw from this latter port, it not being opened.

Such an order as that, taken without the express assent of
Costa Rica, and without relying upon any of its rights, violently
exercising authority over its territory, on the part of the first
Magistrate of an American people, of a large and cultured nation,
which the Costaricans have treated as a sister, and whose sons
have received in this country assured protection — that order is
of such a questionable character that the Government of this
Republic does not dare to give to it full credit. Nevertheless,
the mere possibility that such action might be carried out, makes
it a duty to repel it, under the hypothesis that it might become
effective.

This is not the time to enter into an estimation of the titles
which give to Costa Rica an unquestionable ownership of the
zone in which the bay of Duke Gulf is found. The immemorial
and continuous possession is sufficient, in which that territory
and those waters have been held — a possession till now quiet,
peaceful and notorious, a possession recognised by all the admin-
istrations of Colombia and respected by the present one in agree-
ing upon the maintenance of the statu quo, until the decision
of an Arbitrator or the determination in some other diplomatic
way of the pending boundary question; all that is sufficient, I
repeat, for the proceeding which La Bstrella attributes to the
Colombian Government to constitute in itself a flagrant violation
of the territorial dominion of Costa Rica and a breach of the
faith pledged.

Your Excellency will very well understand that these acts,
which would be as unjust for all the world as vexations for who-
ever knows the solidarity of the Latin American countries, never
could be the object alone of the moral action of a Government
which rises to the height of its mission, and which, like that of
Costa Rica, is determined to make whatever sacrifices are de-
manded by its national honor.

Under the inspiration of these reasons and protecting the
dignity and the legitimate interests of this Republic, my Govern-
ment protests formally and solemnly against the Colombian Union
and before all the Governments of the civilized nations on account

360

of the proceeding so many times referred to and on account of
any other act by which the Government of Colombia violates
the territorial rights of Costa Rica, declining all responsibility
therein for the consequences.

I beg that Your Excellency will see fit to bring this present
protest to the knowledge of the Supreme Head of your Federa-
tion and to accept the assurance of the high consideration with
which I subscribe myself Your Excellency's very obedient ser-
vant. Jose Maria Castro.

To the Excmo. Sr. Minister of Foreign Relations of the United
States of Colombia.
Bogota.

Doc. 354 Report of the Secretary of State in the Department of
Government, Don Rafael Machacho, to the President of
Costa Rica, General Don Tomas Guardia.

San Jose, June 10, I88O.1
To His Exceli.Kncy the Generai, President :

By reason of the lack of a material demarcation between Costa
Rica and Colombia^ some difficulties have occurred between the
local authorities of Golfo Dulce and those of Chiriqm.
. In the month of May, of last year, individuals who pretended
to have been authorized by the Prefect of Chiriqui, began to
work the cocoanut groves located within Costa Rican territory,
and for the first time appeared the pretention to establish a
Colombian authority on this side of Punta Burica.

The Political Chief of Golfo Dulce was then instructed to take
prudent steps, to the end that the exploiters of the natural prod-
ucts of the country should not enter into our territory without
obtaining the necessary authorization; to not permit the estab-
lishment of foreign authorities within his jurisdiction; and lastly
to fulfill the inevitable duty of defending the integrity of our ter-
ritory, in case of a stubborn resistance against his orders.

* Published by the National Printing Office. San Jose de Costa Rica^
1880.

361

The authorities in Panama gave an immoderate importance to
this matter, as it appears; but the press explained it and the
President of that State forwarded to you a communication re-
lating to the incident, and you replied to it from Puntarenas on
August 5, 1879.

Your answer, to which I refer, states and resolves, the ques-
tion with entire clearness in the following terms:

"Are there any boundaries fixed between Colombia and Costa
Rica? — There are none, because we have not been able to settle
this point.

"Are there any limitaneous territories of disputed ownership,
in which respectively exist possessions ruled by authorities of
the one and the other Governments, by reason of the recognized
statu quo, according to practice established by the new Law of
Nations? — Yes."

"Therefore, with regard to an occurrence of this kind, the
question has to be resolved in a natural way, awarding the de-
served punishment to the local authority who has violated the
statu quo, or by supporting his conduct, in case that such viola-
tion may not have occurred. And for either one or the other
of these proceedings a previous and peaceful understanding be-
tween both Gk)vernments must take place."

Things being in such a state, the Political Chief of Golfo Dulce
reported on September of last year new encroachments of Chi-
riqui's authorities upon the Costa Rican territory, these authori-
ties having placed a small detachment of soldiers on this side of
Punta Burica. That official added that the commander of that
detachment, Senor Federico Delgado, brought with him a rope
with the object of taking prisoner and lashing Senor Tomas
Cubillo or whoever might be the official appointed for that place,
pretending to establish therein a Justice of the Peace appointed
by the authorities at Chiriqui; and lastly, that the Senor Manuel
Morales and Gregorio Gallardo were prosecuting their work on
the cocoanut groves of Burica, relying on a contract of hiring
made with the local authority of Alange.

By reason of this and besides confirming the instructions given
to the Political Chief of Golfo Dulce, the Secretaryship in my
charge reported the matter to that of Foreign Relations.

362

The fixing of the boundaries between Costa Rica and Colombia
is at present being discussed in due diplomatic form ; and while
there may be obtained a settlement convenient and useful for the
interests of both Republics, which are neighbors and friends, it
is not doubtful that the Colombian Government can no less than
duly consider the inquest that has been made on the occurrences
that I have stated.

In that inquest not a single Costa Rican has deposed. All the
witnesses are Chiricans, and that inquest evidences all that is
necessary to make perfectly clear the indisputable rights of Costa
Rica and the encroachments committed by the limitaneous au-
thorities.

And I say indisputable rights, because the boundaries of Costa
Rica towards the South, according to old titles, reached as far as
the plains of Chiriqm, and according to the statu quo consecrated
by time, Punta Burica has been considered as an indisputable
limit between the two countries.

Let us hope that the Government of Colombia, acting in a just
manner and with full knowledge of this matter, will not raise
difficulties of an international character.

A disorder has just taken place in Talamanca. This distant
canton is little known and appreciated, notwithstanding its abun
dant natural riches. Not long ago the Chief of Police of Limon,
Senor Cuellar, made an official visit to Talamanca and this visit
has been rather useful, because that official took several measures
relating to all the branches of administration, and the Govern-
ment, judging them proper, has approved them.

It happens that the said district is not inhabited by people of
the good race who populate most of Costa Rica and who by being
civilized and industrious have been able, under the rule of the
Government to make the Republic reach to a degree of grandeur
very superior to what might be expected from the number of its
citizens and the size of its territory.

Talamanca, excepting a few Chiricans and some other in-
dividuals belonging to other countries, is exclusively inhabited by
the descendants of the aborigines of those regions. These in-

genuous and ignorant people, who vegetate far away from the
civilized center oif the country, still preserve many of their primi-
tive habits, though the beneficent action of authority begins to
be felt therein.

The disorder which lately took place in Talamanca was occa-
sioned by the Political Chief, who committed a murder and after-
wards declared a sort of rebellion, which caused a great scandal
among the inhabitants, who divided themselves into two factions.
The Governor of the Province of Limon organized without de-
lay a small military force and placed it under the Police Chief
Senor Cuellar, to whom he gave prudent and well considered in-
structions, and sent the expedition by the steamer Heredia.

By these means, order has been restored in Talamanca and
the expedition has come back after having fulfilled well its com-
mission. Seiior Antonio Saldafia, a man possessing the required
qualities, has been appointed Political Chief, and the offender
who caused the disorder, although having fled to Terrdba, will
probably be seized.

The most needed things in Talamanca, in order that that part
of the Republic may get the same civilization and progress like
other places are a good Priest and schools.

There are not more efficient means for the civilization of primi-
tive people as the holy and beneficent influence of Christianism.
In Spanish Government time and even after Independence was
declared, the Monks of the Propaganda Fide used to go as mis-
sionaries to Talamanca. Those Monks were in the duty of do-
ing that by the rules of their Institute, and the fulfillment of
this duty was dangerous, because then the Talamanca Indians
were much less civilized than they are now, and could be com-
pared to the indomitable Lacandones. A good Priest would do
much good in Talamanca, but he must be a really evangelical
Priest, who would only seek as a reward for his work, the Chris-
tian civilization of the Indians. The Government has been en-
deavoring to secure such welfare for the inhabitants of those
distant places, and it must be considered that many of them have
stated the need they have of a Priest.

With regard to schools I will say nothing, as you know per-
fectly well how important is popular instruction and as you have
increased to such an extent the number of schools that, excepting

364

in the places to which I refer, there is one wherever are pupils.
Very well known difficulties have prevented Talamanca to enjoy
also the great welfare of the liberal disposition of your Govern-
ment for the establishment of schools in every place ; but perhaps
the time has come for Talamafica to partake, in the matter of
public instruction, the same benefits that other places owe to you,
and in which you have been the first one to plant that fruitful
seed.

* :|c t :|c ;|c Hi He *

Rafael Machado.
National Palace. San Jose, June 10, 1880.

I50C.355 The Secretary of Government and Police of Costa Rica

to That of Foreign Relations.

San Jose, July 16, 1880.

The Governor of the District of Puntarcnas, in note No. 258,
dated the 14th instant, states to this Department, as follows :

"In note No. 179, dated the 4th instant, the Political Chief of
Dulce Gulf advises me as follows :

"Yesterday on the ord instant, at the hour when the mail-
post left the Gulf, there arrived at this port Seiior Leon Bastos,
a native and resident of Chiriqui, United States of Colombia, in
command of a vessel which contained such articles as powder,
lead, fulminate, cigars, leaf tobacco and some dry-goods. This
person is Deputy to the Assembly at Panama, as he attended this
year and expects to attend the next and it is only a few days ago
that he was Secretary of the Prefect of Chiriqui. This office
feels no doubt, from the antecedents in its possession and knowl-
edge of the individual, that he is nothing but an explorer and
that his mission is nothing more than to prepare the residents
here having the same origin for the moment when the time shall
come. This office is informed that this person, together with
Miguel Olmus and others, are nothing but birds of rapine and
that they have gone through the settlements of Riochico and
Bugava sounding various people and come to Dulce Gulf in the

3G5

character of vandals, to throw out their enticements in such a
way as not to compromise their Government and it is possible
that it is not known who they are. This office, therefore, believes
that this merchandise is a mask for the mission that brings Bastos ;
that with these other things he can do harm in this settlement;
for which reason this office proceeded to take precautionary meas-
ures, giving orders to the Treasurer, as you will see by the text
of the copy enclosed, and you will see that this man has not been
able to conceal the anger which he feels, but that with all his
dissimulation his malice was known, and to cover it up and
seeing himself practically discovered he asked this office to grant
him passage to Puntarenas in the mail-boat, in order to make use
of his rights, which was allowed him. The merchandise remains
stored in the custody of the Justice of the Peace and the Sefior
Governor may provide as he deems proper upon receipt of this
despatch. At this last moment it has come to the knowledge of
this office that the Costarican Deputy, Sefior Tomas Cubillo, who
acted in that capacity upon the shores of Burica, has been ar-
rested by the authorities of Chiriqui and carried away as a
prisoner. I have the honor to advise Your Honor in order that
you may be pleased to decide what is best to be done."

I have the honor to bring this to the knowledge of Your Honor
so that you may give the proper course to this grave affair, per-
mitting me to subscribe myself with the greatest consideration
your humble servant. F. Chaves Castro.

366

Doc. 356 Conclusions of the Senate of Plenipotentiaries of Co-
lombia.

Bogota, July 13, 1880.

United States of Colombia.
Legislative Power.
Secretaryship of the Senate.

Bogota, July 14, 1880.

To the Secretary of Foreign Relations.

The Senate of Plenipotentiaries in the Session of yesterday
adopted the following:

Conclusions.

'*(!) Colombia has, under titles emanating from the Spanish
Government and the u'ti possidetis of 1810, a perfect right of do-
minion to, and is in possession of the territory which extends
towards the north between the Atlantic and Pacific Oceans' to the
following line :

"From the mouth of the River Culebras, in the Atlantic, going
up stream to its source, from thence a line along the crest of the
ridge of Las Cruces to the origin of River Golfito; thence the
natural course of the latter river to its outlet into the Gulf of
Dulce in the Pacific.

"(2) Colombia has titles which accredit its right, emanating
from the King of Spain, to the Atlantic littoral embraced from
the mouth of the River Culebras as far as Cape Gracias a Dios.

''(3) Colombia has been in uninterrupted possession of the
territory included within the limits indicated in Conclusion 1.

"(4) In 1874 the Prefect of Dulce Gulf claimed that the cocoa-
nut groves of Burica belonged to Costa Rica under the Correoso-
Montufar Treaty, and officially demanded the product of the
lease. Such a pretension was rejected in an official manner by
the Prefect of Chiriquij who called the attention of the claimant
to the fact that the treaty upon which it was based was not ap-
^ proved. Things continued as before, Colombia possessing the

367

cocoanut groves and collecting the amount of the rentals thereof.

"(5) With the previous approval of the Senate of Plenipoten-
tiaries, the Government of Colombia has required from that of
Costa Rica that the jurisdictional statu quo to which reference
is made in Conclusion 1, be respected, until the boundary ques-
tion is decided by arbitration or in some other friendly method,
and stated that it would consider any administrative act, beyond
that demarcation, as a violation of its rights, or in other words,
a usurpation.

"(8) Any further step to put an end to the controversy as to
boundaries with Costa Rica must be preceded by the evacuation
of any portion of territory in which that nation may have estab-
lished its authorities beyond the limits marked out in Conclusion 1.

"(10) The Senate deems it desirable to suggest to the Execu-
tive Power that a Legation be at once accredited to Costa Rica
and another in the other Republics of Central America, to the
end that, by such measures as prudence may indicate an im-
mediate and definite settlement may be had of the boundaries be-
tween Colombia and the first of the nations mentioned.

''(]!) The Executive Power will publish such of these Reso-
lutions as may be desirable and at such time as may be propitious,
for which they will be communicated in a confidential note."

Will you be good enough to bring this note to the knowledge
of the Citizen President of the Republic.

I am your obedient servant,

Julio E. Perez.

Department of Foreign Relations

Bogota, July 15, 1880.

Let the foregoing communication be published save the Con-
clusions 6, 7 and 9."i Rico.

* The Conclusion 6 was later published by the Colombian Government,
but not complete. It reads as follows:

"Costa Rica, it is asserted, has made a settlement in Duke Gulf in ter-
ritory embraced between the River Golfito, reputed international boundary,
and Punta Burica * * *."

368

Doc. 357 The Secretary of Government and Police of Costa Rica

to That of Foreign Relations.

National Palace.
San Jose, June 15, 1880.

I have the honor to bring to the knowledge of Your Excellency
the fact that the Political Chief of Dulce Gulf, in Note No. 170,
dated May 30th of the present year, has forwarded to this De-
partment a report, relative to the new advances of the authorities
of Chiriqui into Costarican territory, demanding from the resi-
dents thereof the payment of taxes and going into the interior
thereof to capture a criminal.

The grave character assumed by the affair to which I have re-
ferred obliges me to send, as I do, a certified copy of said report
to the Department of Foreign Relations under the charge of your
Excellency, so that you may be able to take the proper action.

I am with distinguished consideration Your Excellency's humble
servant. RafaeIv Machado.

Doc. 358 The Secretary of Foreign Relations of Costa Rica to That

of Colombia.

National Palace.
San Jose, June 10, 1880.
Mr. Minister:

In addition to the note of September 25, 1877, by which your
Secretaryship replied to the one of July 25th of the previous year
from this Department, Your Excellency was pleased to address
to me, under Number 32, dated April 20th last, the courteous des-
patch to which I now attend.

In it Your Excellency has stated to me, by order of the Presi-
dent of the Republic, that although the Governments of Colom-
bia and Costa Rica are desirous of submitting their pending ques-
tions as to boundaries to an arbitral decision and to preserve the
statu quo until that shall be carried out, still the division line which
the said note of July 25th fixes is not therefore acceptable, not
even temporarily ; that line being one which, starting from Punta
Burica, goes straight to the Bscudo de Veragua. Your Excellency

369

adds that, notwithstanding the Government of Colombia had not
protested then nor later against such a claim, it never had any
idea of admitting it; that in virtue of the uti possidetis of 1810
and of authentic and irrefutable documents, the boundaries of
Colombia extend as far as Cape ''Gracias a Dio^/" . including
all of the Coast of Mosquitos on the Atlantic, and as far as the.
River "Golfito'' on the Pacific; but that for the effect of the
statu quo which both Republics have agreed not to change, the
Government of Your Excellency maintains and asserts that the
border between Colombia and Costa Rica, whilst the arbitral de-
cision remains undelivered, is, on the Atlantic side, the main chan-
nel of the River Culebras to its sources, thence by a line along
the crest of the range of Las Cruces to the mouth of the River
Col fit 0 in Dnlce Gulf, upon the Pacific ; and that your Government
will consider any jurisdictional act of Costa Rica upon the farther
side of those limits as a usurpation.

His Excellency the Senor General President, to whom I gave
an account of the important despatch to which I now reply, a I
though inspired by the greatest fraternity and desire for a friendly
solution of the pending difficulties concerning the boundaries be-
tween the two Republics, does not admit, on his part, that new
division line, which is not justified by any antecedent fact, and
which despoils Costa Rica, not only on tiie Atlantic but on the
Pacific coast of a great portion of the ground it legitimately oc-
cupies ; and in accordance with his instructions I proceed to pro-
test against the doctrine and the assertions of Your Excellency.

If the question of ownership, reserved for the arbitration, were
to be discussed now, it would be easy for me, Mr. Minister, to
produce in evidence the invincible titles which support Costa
Rica in the dispute ; but the proprietorship is not under discussion ;
the question is simply one of possession, and as the possession is
a fact, Your Excellency will permit my expression of surprise
that, the statu quo having been already accepted for more than a
half century, pending the obtaining of definitive dominion by an
arbitral decision. Your Excellency now traces fanciful demarca-
tions, having no basis in history, nor in possession, immemorial
or even consented to, claiming that the Government of Costa
Rica should respect them as law, under penalty of incurring the
odious designation of a usurper.

370

Prior to the time that the Royal Order of 1803, issued under
circumstances that showed its transitory character, as a war meas-
ure and without importance aside from military matters, took
away from the Captaincy-General of Guatemala a portion of the
territory with which it was constituted, adding it to the Kingdom
of Granada, there could have been no ground for any doubt con-
cerning the limits of both of these Spanish possessions. Costa
Rica maintains that the said Royal Order, which certainly was
not carried out, nor of which was there any account given to
the Council of the Indies, did not deprive it of the right to its
natural and historical boundaries. Colombia pretends to derive
from the said Royal Order, which as I have said was never any-
thing more than a mere project, titles to the possession of a con-
siderable portion of the eastern shore of Central America.

I am not now going to explain the reasons upon which the con-
viction of Costa Rica is based and which make the pretensions
of Colombia entirely unacceptable; but it is unquestionable that
only two lines of demarcation can be traced between the two
countries, in accord with the antecedents of the affair ; either the
one authorized by the history of the conquest and colonization of
the Spanish possessions in the New World and which is also
based upon the treaty of peace and friendship signed at Madrid,
May 10, 1850, in which the limits of Costa Rica were fixed at
the recognition of its independence ; or the one which, based upon
the Royal Order of 1803, Colombia states it will claim from the
arbitrator, which makes its dominions reach as far as Cape Gra-
cias a Dies, depriving these Republics of the whole of their eastern
coast. I do not understand, therefore, how, abandoning both
methods of demarcation, a new line can be traced which does not
arise from the state of affairs at any period of their common his-
tory and which cannot, therefore, be declared and recognized as
the statu quo until the arbitrator shall settle the dispute.

The line which determines the statu quo has been traced, not
only by Costa Rica, but also by Colombia; for from the moment
that the latter did not claim the immediate and provisional pos-
session of the territory which the Royal Order of 1803 took from
the Captaincy-General of Guatemala, adding it to the Kingdom
of Granada, it impliedly accepted as the statu quo the regulation

371

of the boundaries as they were prior to 1803, and which we con-
sider as the only one in existence before and after that date. And
it did very well to accept it, because it would have been excessive
to claim that a territory which had never ceased to be an integral
portion of Central America should be considered as having
been in the possession of Colombia in 1825, when both countries
agreed to respect the state of things then existing.

Many acts of possession, for long years, of great importance
and which gave rise to no protest, could be cited by Costa Rica
on behalf of its rights, which the note of Your Excellency dis-
regards— such as the contract for the colonization of Duke Gulf,
made with a French Company in 1849 ; various other contracts
for the opening of a suitable means of communication between
the said Dulce Gulf and Bocas del Toro; the establishment upon
the littoral of the latter of a settlement with its school and local
authorities whose jurisdiction has always included Punta Burica;
but it does not come within my purview to give to these facts an
importance and value equal to the weighty considerations to which
I have referred and which consecrate the possession of Costa Rica,
nor does it come within it to admit, for instance, that the occu-
pation of Bocas del Toro carried out by Colombia, and tolerated
by Central Am^erica, could change what in legal terms should
be called the state of things. Not by acts, but by reasons of
justice that are invincible, my Government maintains and asserts
that the line of the statu quo is the one which, starting from
Punta Burica, goes straight to the Escudo de Veragua, and
that any act of jurisdiction exercised by Colombia on the side
beyond those limits, must be considered as an act of usurpation.

I cherish the hope that the arbitration proposed by me and
accepted by the Government of Your Excellency, will soon dis-
sipate all the pending difficulties, and that until that happy mo-
ment arrives, with the spirit that animates us all, both Costa Rica
and Colombia may avoid with equal earnestness conflicts which
would be very deplorable between the two peoples united by sa
old and loyal a friendship, as well as by the sacred ties of history,
religion and language.

With sentiments of the highest and most distinguished con-

372

s-dcation I subscribe myself of Your Excellency the cordial and
obedient servant. Jose Maria Castro.

To H. E. the Minister of Foreign Relations of the United
States of Colombia.
Bogota.

Doc. 359 The Secretary of Foreign Relations of the United States
of Colombia to that of Costa Rica.

Department for Foreign Relations.

Bogota, July 29, 1880.
Mr. Minister:

I have had the honor to receive the courteous note of Your
Excellency of the 15th of May last.

In it Your Excellency states that among the publications arriv-
ing upon that date at San Jose was No. 398 of the "Bstrella de
Panama," (Star of Panama), in which under the head of "Im-
portant Telegram," it was alleged that my Government had sent
to that of the State of Panama, under date of April 20th, a
telegram ordering the Captains of the vessels named the "Keer-
sarge" and the "Adams," if they were still to be found in Colom-
bian waters, to suspend the operations in which they had been
engaged in the lagoon of Chiriqui and in the Gulf of Duke; and
that such an order, for the reasons which Your Excellency pro-
ceeded to set forth, appeared to you of the most doubtful char-
acter, on account of which the Government of Your Republic
had not ventured to give full credence to it ; but that notwith-
standing this the mere possibility that such an act might be under-
taken made it the duty of Your Excellency to repel it, under the
hypothesis that it might become effective.

The order to which Your Excellency alludes was in fact sent
by my Government, by telegraph to that of the State of Panama;
and in it mention was made of Dulce Gulf, because the owner-
ship of a portion of that bay of that name being a subject of
dispute between the two Republics, it was the duty of the Govern-
ment of this one to protest against jurisdictional acts which it
was assured were being exercised there by a third Power to the
prejudice of its rights. The possession alleged by Costa Rica,

373

ev€n under the presumption that it might have been continuous,
would not deprive Colombia of the right to oppose the acts of
third parties affecting its disputed territorial dominion.

My Government issued that order without having in view any-
thing more than the maintenance of the sovereignty and the
integrity of the territory of both Republics, equally interested
in preserving each of these ; and very far from claiming thereby
to make any change in the actual possession, it conformed its
conduct to the cherished hope that the Government of Costa Rica
would agree to maintain the jurisdictional statu quo, already
respected for many years, until the controversy could be decided
by the means which civilization and fraternity might counsel.

.My Government trusts that the foregoing frank explanations
may entirely satisfy that of Your Excellency and strengthen the
ties of cordiality which have always bound the two Republics
and which never should fail to unite them.

With sentiments of the greatest respect and consideration I
subscribe myself Your Excellency's very humble and obedient
servant.

Luis Carlos Rico.

Instructions Given to Doctor Carlos Holguin, Envoy Ex- Doc. 360
traordinary and Minister Plenipotentiary Near the
United Kingdom of Great Britain and Ireland, Relative
to His Mission to Costa Rica.^

Bogota, July-August, 1880.
The question of boundaries between Colombia and Costa Rica
has assumed a new and delicate aspect, because that nation,
violating the jurisdictional statu quo maintained from the epoch
of the independence of the two countries, in July of the year last
past occupied the cocoanut groves of Burica, disregarding the
authority stationed at that place by the Departmental Chief of
Chiriqui, and after replacing him by another appointed by the
Jefatura of Duke Gulf, offered the said cocoanut groves upon
leases and is exploiting them to the prejudice of the revenues of

'Documents relating to the recent occupation of a part of the Colom-
bian territory by authorities of Costa Rica. Official edition. Bogota.
Printing Office of Echeverria Hermanos, 1880.

374

the district of Alanje (to which the State of Panama ceded
them), consequently, in flagrant violation of the territorial rights
of Colombia.^

On the 4th of August, 1879, this office addressed that of For-
eign Relations of Costa Rica a formal protest regarding the acts
before mentioned, and demanded the punishment of those who
were responsible, and also that effectual measures be adopted
to avoid the repetition of acts of that character.

On the 10th of November following a reply was received by
this office from that of Foreign Relations of Costa Rica, that its
Government had not occupied any portion of the territory of
Colombia; that if any misunderstanding had occurred between
the authorities of Dulce Gulf and Chiriqui, it had been in con-
sequence of the lack of material demarcation of the frontier;
that the only instruction which the Costa Rican authorities had
concerning the particular matter was to respect the statu quo;
that instructions had been sent to take an inquisition as to the
material facts of the protest, and that the Government would pro-
ceed in the matter inspired by sentiments of justice and fra-
ternity.

As the protest of this Government has a direct relation with
the response of the Cabinet of Costa Rica, the former was com-
pelled to believe that the latter had not occupied the cocoanut
groves of Burica; and that if any subordinate authority, exceed-
ing his powers, had usurped the jurisdiction thereof, matters
would be immediately put back in the condition they were before ;
but this has not been done, as appears by the note of the Cabinet

' All the documents published on the part of Costa Rica from the Royal
cedula of January 19, 1537, instituting the Dukedom of Veragtia, down
to the Memorial concerning the Captaincy-General of Guatemala, pre-
sented to the Spanish Cortes in May, 1831, by Dr. Mendez, prove that
Punta Burica, and the territory which extended to the East and North-
east of this point as far as the River Chiriqui Viejo, was found in 1810
as well as in 1821 outside of the jurisdiction of Veragua, Panama or
Colombia and under that of Costa Rica or Guatemala and in its legitimate
possession.

The cocoanut groves of Burica, under the jurisdictional statu quo of
the epoch of the independence, belonged by virtue thereof to Costa Rica.

The instructions given to Dr. Holguin begin, therefore, by stating a
fact that is not correct and contrary to the theories which the Govern-
ment maintains in other passages of these same instructions. M. M. P.

375

of San Jose to that of Colombia, dated March 12th last, in which
it asserts that the jurisdictional statu quo locates the aforesaid
cocoanut groves within its territorial limits; from the informa-
tion sent to the Citizen President by the Senor Doctor Jose
de Obaldia and from an article published in Alanje, in April 1st
of the present year. These documents will be sent to you, by
copies of the former and a printed copy of the latter.

Also, authentic copies will be forwarded to you of the follow-
ing despatches :

1. One addressed by this Secretaryship to that of Foreign
Relations of Costa Rica, in which there was made the following
declaration :

"In virtue of the uti possidetis of 1810, and with a solid basis
of authentic and irrefutable documents, the boundaries of Colom-
bia extend upon that to Cape Gracias a Dios, embracing the
whole of the Coast of Mosquitos, upon the Atlantic and to the
River Golfito upon the Pacific; but for the purpose of the statu
quo, which both Republics have agreed not to alter whilst the
arbitral decision may not be carried out, my Government main-
tains and protests that the marking of the boundary between the
two Republics during the time that their questions concerning
limits shall continue pending, is the following:

"Upon the Atlantic side, the main channel of the River Cule-
bras to its sources, continuing by a line along the crest of the
range of Las Cruces to the mouth of the River Golfito in the Gulf
of Diilce, upon the Pacific.

"This Government will consider any act of jurisdiction by that
of Costa Rica, on this side of those boundaries, as an act of
usurpation."

2. One from the Secretaryship of Foreign Relations of Costa
Rica, in which it persists in maintaining and protesting that the
line of the statu quo is that which starts from Punta de Burica
and goes straight to the Bsciido de Veragua, and adds that any
act of jurisdiction exercised by Colombia beyond these limits
must be considered as an act of usurpation ;

3. One from the same Secretaryship, dated May 15th last, in
which it protests formally and solemnly against the intimation
made by order of the Government of Colombia to the North-
American vessels "Kearsarge" and "Adams," that they should

37b

suspend the operations they were making in the Lagoon of
Chiriqui and Duke Gulf; and

4. The conclusions approved by the Senate of Plenipotentiaries
on the 12th instant concerning the question of boundaries be-
tween Colombia and Costa Rica.

The documents above cited will inform you as to the claims of
both countries and of the difference that exists between them
with reference to controverted titles of dominion and possession
from time immemorial ; or that is to say, between the jurisdic-
tional statu quo and the uti possidetis juris of 1810 or 1821.

You will observe in the note of June 10th that the Government
of Costa Rica disregards the immemorial possession exercised
by Colombia as far as the River Horaces, constantly as far as
Punta Burica and for a long time as far as the River Golfito,
in order to maintain that the statu quo, or that is to say, the
actual state of things, is that the former nation possesses on the
Pacific side as far as Punta Burica and on that of the Atlantic
as far as the Bscudo de Veraguas; that is, that it possesses as
much as it disputes with Colombia.^

•There is no official authentic document which accredits the imme-
morial possession which Colombia claims to exercise as far as the River
Doraces, nor are its geographers and publicists in accord as regards the
true geographical position of the River Doraces, which is sometimes
identified with the Culebras and sometimes as a different river.

It appears by the very tenor of these instructions and from the docu-
ments to which they refer, or others published by Costa Rica, that Co-
lombia had not occupied in 1860 a single handbreadth of land to the
West or North-west of Punta Burica, and it further appears that Costa
Rica was in possession of this territory as far as the mouth of the River
Chiriqui Viejo in 1810 and in 1821, the years for which Colombia invokes
the doctrine of uti possidetis. It also appears, by the impartial declara-
tion of a singularly well informed witness as to the state of things, the
Lieutenant of the United States Navy, Mr. William N. Jeffers. that in
1861 the effective jurisdiction and administration of Costa Rica ex-
tended as far as Punta Burica, and that the first usurpations of Colombia
date from 1862.

It is no less public and notorious that in 1880, Costa Rica was found
to be in the actual, quiet and peaceable possession of the port of Golfito:
that when in March of that year Commander Howell of the United
States Steamer "Adams." desired to establish a coal depot there for the
Navy of his country, the only authorities who were there and the only
ones with whom he arranged and from whom he asked permission to

377

Such an assertion, contrary to the true state of facts, tends
to lead the question of boundaries away from all possibility of
an understanding, and to give rise to disputes, which even with-
out any sufficient reason, may start a serious conflict between the
two Republics.

carry out his errand were those of Costa Rica, — and that was the Po-
litical Chief {Jefe Politico) of Dulce Gulf, Don Francisco Gomez. No
sooner had the Government notice of the presence in the national waters
of that vessel than the President of the Republic went in person to the
Golfito, on board of the steamer Alajuela, and it appears that Commander
Howell presented himself on board of that vessel in order to give an ex-
planation of his mission.

This occurred on April 3, 1880.

(See the letter of Commander Howell to the Secretary of the Navy of
the United States, dated at Dulce Gulf, Golfito, Republic of Costa Rica,
in Ex. Docs., No. 46, 47th Congress, 1st Session, Chiriqui Grant, Wash-
ington, 1882, p. 68).

Some days later, the Secretary of the Navy wrote to the Secretary of
State, the following note :
s "(Washington), April 19, 1880. (ibid, p. 54).

"Sir: I have received today from Commander Howell, of the United
States Steamer 'Adams,' a report concerning his operations in the port of
Golfito, in the Gulf of Dulce, relative to the establishment of a coaling
station at that point, from which I extract the following :

'We have cleared a little more than an acre of ground and we
'have deposited there five tons of coal. On the day we began our
'work, when some of our men were occupied on shore, the Political
'Chief of Dulce Gulf came on board and I thought it proper to
'ask his permission to make the clearing and unload the coal, and I
'added that if this act was approved by the Government of the
'United States, it would probably establish here a coal depot. The
'permission was granted without delay and the idea of having a
'coal station here was accepted with favor. Since then our rela-
'tions have been agreeable.*
"From this extract you will see that the political authorities of Dulce
Gulf have made no objection to the operations of Commander Howell.
"Very respectfully,

"R. W. Thompson, Secretary."
In virtue of the orders issued that same day, April 19th, by the Secre-
tary of the Navy, Captain Gillis, of the United States Steamer
"Lackawanna" went to Dulce Gulf and in a letter to Mr. Thompson, his
superior, from Panama. June 24, 1880, he informed him that he visited
the port of Golfito, Dulce Gulf, Republic of Costa Rica, on June 19th.

"On the 20th I was at the small village of Santo Domingo. I made a
call on the Political Chief and I carefully complied with the in'structions

378

You will observe that the 6th conclusion, approved by the
Senate, states as follows:

"Costa Rica, it is asserted, has made a settlement on
Dulce Gulf, in territory embraced between the River
Golfito, reputed international boundary, and Punta Burica.

This settlement has the name of I sola, and having been founded
and being administered by Costa Rican authorities, it is the one
that showed to you before that the jurisdiction of Colombia has
reached as far as the River Golfito for a long time, while in
reality the Costa Rican Jefatura of Dulce Gulf, which formerly
came no farther than the River Golfito, has extended its jurisdic-
tion as far as the little village of Isola, built some six years
ago.*

of the Department and I received the strongest assurances that the Gov-
ernment of Costa Rica was satisfied with the steps taken by the Govern-
ment of the United States, in order to establish a coal depot at the port
of Golfito." {Ibidem, p. 72).

The Government of Colombia, faithful to the line of conduct that the
Senator Fernandez Madrid traced for it in his opinion in 1855, but not
until three months had elapsed after the appearance of the Steamer
"Adams" at Golfito and when that steamer had already sailed away, pro-
tested against the operations of Commander Howell. But it is also
known, as it is revealed in that opinion, that Colombia, by means of these
protests and these intrusions, sought as its principal object to create for
itself titles and acquired rights, while the perfect right of Costa Rica to
the whole of Dulce Gulf ha^ been constant since 1540. The documents
which are here cited, emanating from a foreign Government, prove that
in 1880 Costa Rica was found to be in the possession of Golfito and exer-
cised jurisdiction there as effective and real as it did in 1861 and 1852.

Therefore, the affirmation to which the "Instructions" of Dr. Holguin
refers, was not contrary to the true state of facts. See the various opin-
ions, conjectures and contradictions of Seiior Fernandez Madrid, all of
'which demonstrate that the Government of Colombia, particularly in the
"Instructions" cited, is the one that has strayed away from the truth of
the '^acts, and that it is not from time immemorial nor with a just title
that it has^ made claims to the Gulf of Dulce. M. M. P.

* This paragraph contradicts the doctrine of Colombia of sticking to the
uti possidetis of 1810 or 1821. When was the River Golfito reputed to be
an international boundary? Neither the Spanish Government, nor the
Republic of Central America (1824-1838), nor that of Costa Rica, ever
agreed upon any such division line, and it is a matter of public notoriety
that at the time of the independence (in 1821) the jurisdiction of Costa

379

The Government of Colombia being desirous of giving to the
matter such a shape that it may lead to a fraternal solution, has
determined that you, instead of going directly to England, v^ill
first go to San Jose de Costa Rica, and, after first making the
explanations which give rise to this statement, will show to the
Government of that country that, as a matter antecedent to any
discussion and any action that can bring this disagreeable ques-
tion to a friendly termination, the Government of Colombia pro-
poses that both countries respect the jurisdictional statu quo,
and that in consequence the Costa Rican authorities placed in the
cocoanut groves of Burica must be immediately withdrawn and
the exploitation of the plantations in that region restored to the
individual to whom they belong in virtue of the public sale made
by Colombia officials in the district of Alanje.

Respecting the settlement of Isola, you will not make such a
requirement, because there was no protest made at the time
against the establishment of Costa Rican authorities in that place ;
and although this Government does not accept the territorial
modification which that act implies, it leaves its arrangement for
a definite agreement, since it considers that this tolerated occu-
pation would not now be voluntarily changed by Costa Rica,
except by virtue of agreements which shall end the discussion in

Rica embraced Dulce Gulf and Punta Burica, as far as the River Chiriqui
Vie jo.

The first attempts *at the appropriation of the territory on the South of
the River Golfito were the arbitrary work of a Colombian cartographer
and date from 1827, the year in which the Atlas which accompanies the
"History of the Revolution of the Republic of Colombia," was published
by Jose Manuel Restrepo. Secretary of the Interior of that Republic.
The author in the prologue thus expresses himself:

"The boundaries of Colombia with Guatemala and Peru are still un-
certain ; we have therefore followed the lines that have seemed to us best
suited to the vague dispositions of the Spanish Government concerning
the territory of its ancient colonies."

It is not believed that the views of a writer of prologues, nor the lines
traced ad libitum by a draughtsman, let him be called Restrepo or Co-
dazzi, are the "authentic and irrefutable documents" upon which Colom-
bia relies in order to give the River Golfito the reputation of an interna-
tional boundary. The dispositions of the Spanish Government, which the
author of the Atlas invokes, are not at all vague respecting the frontier
of Cosii Rica. M. M. P.

380

all its parts; and a break ©ver an act consented to for six years
would not be very well justified.

If the Government of Costa Rica accepts the proposal of
Colombia, you will announce to it that a Minister will be promptly
sent, who will take principal charge of negotiating and conclud-
ing the definite settlement of the boundaries; and that if such
settlement shall not be diplomatically possible, this Government
has the decided intention of insisting that Congress authorize
it to appoint the Arbitrator, who on his part must reach a de-
cision of the controversy, in accord with what has been agreed
in various despatches exchanged between the two Governments.

You will communicate immediately to this Department as de-
tailed and exact an account as possible of the responses that are
given to you by the Government of Costa Rica and of the result
of your commission near it.

Bogota, July 16, 1880.

The Secretary of Foreign Relations, Luis Carlos Rico.

Unttkd Statks of Colombia.
Legislative Power: Secretaryship of the Senate,

Bogota, August 7, 1880. No. 571.
Senor Secretary of Foreign Relations :

There having been considered today by the Senate, in secret
session, the instructions given to Seiior Carlos Holguin, accredited
in the character of envoy extraordinary and minister plenipo-
tentiary of Colombia' near H. Britannic Majesty, they were ap-
proved in the following terms :

"The Senate of Plenipotentiaries of the United States of
Colombia, in the exercise of the authority conferred by clause
second of Art. 51 of the National Constitution, approves the in-
structions given to the Envoy Extraordinary and Minister Pleni-
potentiary of Colombia near the Government of Great Britain,
and besides at this time authorizes the Executive Power to
appoint on its behalf the Arbitrator who must undertake the
decision of the controversy as to boundaries, pending with the
Government of Costa Rica, if the settlement shall not be diplo-
matically possible."

381

I communicate it to you that it may be carried into effect, and
as the result of your note, No. 230, dated July 3rd last past.
Your obedient servant,

Lino de Pom bo.

Proclamation of the President of the United States of Co- Doc. 361
lombia to the Nation, Concerning the Boundary Ques-
tion With Costa Rica.

Bogota, September 6, 1880.

The Nation is advised that at the session of July 13th last,
on account of the occupation having come to its knowledge by
Costa Rican authorities of a portion of the Colombian border
territory called Punta de Burica, the Senate of Plenipotentiaries,
after mature examination, approved, among other things, the
following five Conclusions :

(1). Colombia has a perfect right of dominion and to posses-
sion under titles emanating from the Spanish Government and
the uti possidetis of 1810, to the territory which extends toward
the North between the Atlantic and Pacific Oceans to the follow-
ing line :

From the mouth of the River Culehras, in the Atlantic,^ going
upstream to its source ; from thence a line along the crest of the
ridge of Las Cruces to the origin of the River Golfito; thence
the natural course of the latter river to its outlet into the Gulf of
Duke in the Pacific.

(3). Colombia has been in uninterrupted possession of the
territory included within the limits indicated in Conclusion 1. 2

* The name of "River Culehras" was not known in the ancient geography
of Costa Rica, if allusion is intended to the one which is now called the
River Tiliri, Sixaula or Sixola and in the XVIth, XVIIth and XVIIIth
centuries the River Tarire, since this latter river has always belonged to
Costa Rica. The Island of Esciido de Veragua and the River Chiriqui,
the old Culebra or Calobebora, which empties to the South of said Island,
was the boundary of Colombia or Viceroyalty of New Granada in 1810
upon the North Sea; and on the South Sea the River Chiriqui-viejo.
M. M. P.

''Since when and by virtue of what titles? The Royal Cedulas creating
the Dukedom of Veragua and the Province of Veragua and of Cartago
or Costa Rica contradict the assertion of the Senate of Plenipotentiaries.

382

(4). In 1874 the Prefect of Dulce Gulf claimed that the cocoa-
nut groves of Burica belonged to Costa Rica under the Correoso-
Montufar Treaty, and officially demanded the product of the
lease. Such a pretension was rejected in an official manner by
the Prefect of Chiriqui, who called the attention of the claimant
to the fact that the Treaty upon which it was based had not been
approved. Things continued as before, Colombia possessing the
cocoanut groves and collecting the amount of the rental thereof,^

(5). With the previous approval of the Senate of Plenipoten-
tiaries, the Government of Colombia has demanded of that of
Costa Rica that the jurisdictional statu quo to which reference is
made in Conclusion 1, be respected, until the boundary question
be decided by arbitration or in some other friendly manner; and
stated that it would consider any administrative act, beyond that
demarcation, as a violation of its rights, or in other words, as a
usurpation.

(8). Any further step to put an end to the controversy as to
boundaries with Costa Rica must be preceded by the evacuation
of any portion of the territory in which the latter nation may have
established its authorities beyond the limits marked out in Con-
clusion 1.

Almost immediately afterwards, and with this last Conclusion
in view, my Government sent its distinguished representative to
Costa Rica, charged with the request to the Government of that
Republic that the jurisdictional statu quo be respected and con-
sequently the withdrawal of the Costarican officials actually
located at Punta de Burica at the close of the year previous.

If the evident justice alone which supports us in making this de-
mand be taken into account, as well as the moderation with which
it is made and the fraternal spirit of which a proof has been given
upon many occasions to the Costarican Government, we may in-
deed feel assured that our request as expressed will receive a
satisfactory response; but as the contrary is not entirely impos-
sible, in which unfortunate event we should, by the necessity for

* The cocoanut groves of Burica belonged to Costa Rica by virtue of the
Royal Cedulas of November 29, 1540, and December 1, 1573. The Cor-
reoso-Montufar Treaty carried with it an important cession of territory
on the part of Costa Rica and did not confer upon the latter any new
right. Moreover, the subordinate authorities upon the frontier are not
qualified to decide as to questions of territorial sovereignty. M. M. P.

383

protecting our honor and our future which cannot be evaded,
be compelled to appeal to extreme measures in defense of the
national territory, I have deemed it considering everything de-
sirable to proceed immediately to the State of Panama^ with the
Secretary of Foreign Relations and of War and Marine, so as to
be ready without delay and with the greatest possible efficiency,
to take the measures for carrying out the first of the duties im-
posed upon every Government by the public trust confided in it.

Even in case, as I hope, of a favorable response, my tem-
porary stay at a distance from the Capital will not be without
some advantage, since it will facilitate considerably the satisfac-
tory solution of the regular and troublesome boundary question,
which is distinct from that which we are now concerned about,
from the simple fact that the distance will be diminished between
the two Governments, a matter of itself so embarrassing in every
exchange of propositions; and it will contribute as well not only
to prevent difficulties arising like the one now before us but also
to reestablish, besides, upon an enduring basis that cordial and
fruitful concord in which the Colombian people have sought to
live with the industrious people of Costa Rica.

In leaving the Capital of the Nation, I leave matters so or-
ganized that neither the course of ordinary business nor the
public peace will suffer any disturbance; but the latter, which is
indeed our supreme need, I leave more particularly confided to
that sentiment of patriotism which has never been vainly invoked
among ourselves.

Rafael Nunez.

Bogota, September 6, 1880.

384

Doc. 362 The Minister of Foreign Relations of Costa Rica to That
of the United States of Colombia.

San Jose, September 10, 1880.
Senor Minister ok Foreign Relations of Colombia:

In accordance with the understanding between the Government
of this RepubHc and the Confidential Agent of your Government,
Doctor Don Carlos Holguin, I have addressed to the Political
Chief {Jefe Politico) of the Gulf of Dulce, under date of yester-
day, the order of which the text is as follows:

"Sefior Political Chief of the Gulf of Dulce:
''The Government of this Republic being about to enter
into a definitive settlement concerning boundaries with that
of Colombia, and both having agreed until the desired con-
clusion is reached that the jurisdictional statu quo shall
be preserved in the regions where differences may arise,
I provide that you may restore things in the territory of
Punta Burica to the state in which they were before July
1879, 'without its implying however any recognition of
rights upon the part of either of the two Nations."
In addition to the foregoing transcript, I forward to Your Ex-
cellency separately two copies of the Diario (official journal) of
this date, in which that order appears.

With high consideration, I have the honor to subscribe myself
Your Excellency's very humble obedient servant.

'- Jose MARfA Castro.

Doc. 363 '^^^ Minister of Foreign Relations of Honduras to That

of Colombia.

Secretaryship of. Foreign Relations.

Tegucigalpa, November 10, 1880.
Sir:

I had the honor to receive the despatch of Your Excellency
dated July 28th last, in which Your Excellency was pleased to
state to me that your Government has viewed with sorrow that
the recent investigation published by the press, concerning the
rights of Colombia to the territorial zone which extends on the

385

Atlantic side between the river Doraces or Culebra and Cape
Gracias a Dios, have been considered by various Central Ameri-
can writers as designed to prepare opinion to initiate a policy
of recovery with an armed hand, some even going so far as to
assert that the debate which had been begun had been suggested
by the same Government; and that the state of alarm produced
in Central America by the said incident was the reason for the
despatch, in which were sincerely stated the purposes which
animated the People and Government of Colombia regarding the
People and Government of this Nation. Your Excellency adds
that both the Congress as well as the Executive Power of Co-
lombia desired that the boundary question referred to may be
determined by way of diplomacy and that in case this is not
practicable by the arbitral judgment delivered by the Govern-
ment of a friendly power, designated by mutual agreement.

In reply I am pleased to state to Your Excellency that the
Government of Honduras is pleased to acknowledge the friendly
sentiments which are felt by the people and Government of
Colombia regarding this country, and its purposes to decide by
conciliatory means and by compromise any question or difficulty
which may arise between the Governments of the two Nations.

My Government, which has full confidence in the rectitude,
wise judgment and the sentiments of justice which have charac-
terized the Government of Colombia in its international rela-
tions, has not believed, not for one moment, that the boundary
controversy, taken up by the press of that Republic, was de-
signed to form opinion for a policy of recovery by an armed
hand, and much less that such question was suggested by that
Government, which by its honorable antecedents has a perfect
right that its intentions should not be suspected. The frank
statement of Your Excellency is very satisfactory for my Gov-
ernment which feels confident that the relations of friendship
which it cherishes with that of your Republic will not be inter-
rupted by reason of any question which may unfortunately be
brought up, which it will be sought to decide by the conciliatory
means which the present state of civilization demands, and
which, adhering to the wise view of Your Excellency, are ob-
ligatory ideas between countries of the same origin united by fra-

386

ternal bonds which their present position and their future des-
tinies counsel them to strengthen.

Resting in the assurance that Your Excellency, in the name
of your Government, has been pleased to present to that of this
Republic, I gladly take advantage of this opportunity to subscribe
myself with protestations of distinguished appreciation.

Your Excellency's obedient servant.

Ramon Rosa.

To His Excellency the Minister of Foreign Relations of the

Government of the United States of Colombia.

Doc 364 Treaty Between Costa Rica and the United States of
Colombia Agreeing to Arbitrate Their Question as to
Boundaries.

San Jose, December 25, 1880.
The Republic of Costa Rica and the Republic of the United
States of Colombia^, equally inspired by the sincere desire to
maintain and consolidate their friendly relations, and believing
that in order to obtain this benefit, so important for their pros-
perity and good name, it is necessary to close up the only source
of the differences which arise between them, which is none bther
than the question of boundaries, foreseen in Articles 7 and 8 of
the Convention of March 15, 1825, between Central Amer-
ica and Colombia, which has recently been the subject of various
treaties between Costa Rica and Colombia, none of which were
ratified ; and both nations understanding that this antecedent fact
^hows the need for the adoption at once of some more exp>edi-
tious means for the designation in perpetuity of a division line,
clear and incontrovertible, for the whole extent along which their
respective territories are contiguous ; therefore, the President of
Costa Rica, in the exercise of the powers with which he is in-
vested, has conferred full powers upon the Excmo. Sefior Dr.
Don Jose Maria Castro, Secretary of State and of the Depart-
ment of Foreign Relations, and the President of the United'
States of Colombia, specially and sufficiently authorized by the
I^egislative Chambers of that nation, upon the Honorable Senor
Don Jose Maria Quijano Otero, Charge d' Affaires near this
Cabinet, who after haying communicated their respective full

387

powers and having found them in good and due form, have
agreed upon the following articles :

Article 1. The Republic of Costa Rica and the United States
of Colombia agree upon the arbitration of the question of boun-
daries existing between them, and the designation of a line
which shall divide for all time and with entire clearness the
territory of the former from the territory of the latter, each one
remaining in the full, quiet and peaceful dominion, so far as
respects the same between themselves, of all the land which is
left on its side of the aforesaid line, upon which there is not to
remain any charge or special servitude in favor of the other.

Article 2. The Arbitrator who, being pleased to accept the
duty as such, shall have to carry out what is stipulated in the
foregoing Article, must execute it, in order that it may be valid,
within ten months counting from the day of his acceptance, with-
out any hindrance thereto by either of the high contracting par-
ties not concurring in the presentation of their rights by means
of a representative or otherwise.

Article 3. In order that the acceptance of the Arbitrator may
be held to have been duly notified to the high contracting parties
and they may not plead ignorance thereof, it is sufficient that it
may be published in the official periodical of the nation of the
Arbitrator or of one of the high contracting parties.

Article 4. The Arbitrator, having heard orally or in writing
the parties, or the party who may present itself, and having con-
sidered the documents which are submitted, or the arguments
which are stated, shall deliver his decision ; and whatever it shall
be it shall from that time forth be held as a treaty concluded,
perfect, obligatory and irrevocable, between the high contract-
ing parties, who formally and expressly renounce every claim of
whatever nature against the arbitral decision and promise to
respect it and comply with it, promptly, faithfully and forerer,
pledging thereto the national honor.

Article 5. In accord with the foregoing Articles and for their
execution, the high contracting parties will appoint as Arbitrator
H. M., the King of the Belgians ; and if it should unexpectedly
happen that the latter may not be pleased to accept, then H. M.,
the King of Spain; and if in the equally unexpected event that
he also shall decline, then the Excmo. Senor President of the

388

Argentine Republic; in all of whom the high contracting parties
have, without any distinction whatever, the most unlimited con-
fidence.

Article 6. That one of the high Arbitrators designated who
shall undertake the exercise of the arbitration, may delegate his
functions, but shall not fail to act directly in the delivery of the
definitive judgment.

Article 7. If unfortunately none of the high Arbitrators
designated shall be able to give to the high contracting parties
the eminent service of accepting the charge, these shall, by com-
mon accord, make new nominations, and thus continue until
one shall go into effect, since it is agreed and formally stipulated
here that the question of boundaries and the designation of a
divisional line between the contiguous territories of Costa Rica
and Colombia shall never be decided by any other means than by
the civilized and humane one of arbitration, preserving in the
meantime the agreed statu quo.

Article 8. The present Convention shall be submitted to the
approval of the Grand National Council in the Republic of Costa
Rica, and to the Legislative Chambers in that of Colombia; and
shall be exchanged in the city of Panama within the shortest' pos-
sible time.

In testimony whereof the plenipotentiaries above mentioned
sign and affix their respective seals, in two originals of the pres-
ent Convention.

Done in the city of San Jose, capital of the Republic of Costa
Rica, on the 25th day of December, 1880.

Jose Maria Castro (l. s.)

J. Maria Quijano Otero (l. s.)

38^

Arbitral Award of H. M. the Emperor of Austria, Francis
Joseph I, Relating to the Coast of Mosquitos.-

ViHjNNA, July 2, 1881.1

We, Francis Joseph the First, by the Grace of God Emperor
of Austria, King of Bohemia, etc., ApostoHc King of Hungary ;

Whereas, the Government of His Britannic Majesty and the
Government of Nicaragua have consented to submit to our ar-
bitration the question in dispute between them of the interpreta-
tion of certain articles of the Treaty of Managua, signed the
28th of January, 1860, and whereas we have declared our willing-
ness to accept the function of arbitrator in this matter, we have
decided as follows, based upon one of the three legal opinions
which were prepared and submitted to us at our request.

Art. I. The sovereignty of the Republic of Nicaragua, recog-
nized by Articles I and H of the Treaty of Managua of Jan-
uary 28, 1860, is not full and unlimited with respect to the ter-
ritory assigned to the Mosquito Indians, because it is limited by
the autonomy (self government) conceded to the Mosquitos
Indians by Article III of that Treaty.

Art. II. The Republic of Nicaragua, as a sign of its sover-
eignty, has the right to hoist the flag of the Republic in all of
the territory assigned to the Mosquito Indians.

Art. III. The Republic of Nicaragua has the right to appoint
a Commissioner for the protection of its sovereign rights in all
the territory assigned to the Mosquito Indians.

Art. IV. The Mosquitos Indians shall also have the power of
displaying their flag hereafter, but they should at the same time
add to it some emblem of the sovereignty of Nicaragua.

Art. V. The Republic of Nicaragua has no right to grant con-
cessions for the acquisition of natural products in the territory
assigned to the Mosquito Indians. This .right belongs to the
Mosquito Government.

Art. VI. The Republic of Nicaragua has no right to regulate
the commerce of the Mosquito Indians or impose duties upon
merchandise imported or exported into or from the territory re-

' See Nicaragua No. 1. Arbitration Mosquitos Coast. Parliamentary
Papers. London, 1881.

390

served to the Mosquito Indians. This right belongs to the Mos-
quito Indmns.

Art. VII. The Republic of Nicaragua is obliged to pay to the
Mosquitos Indians the arrears of the annual amounts assured to
them by Article V of the Treaty of Managua, which arrears now
amount to 30,859 dollars, three centavos. With this object, the
sum of 30,859 dollars, three centavos, deposited in the Bank of
England, together with the interest accrued in the interim, shall
be delivered to the Government of His Britannic Majesty. The
Republic of Nicaragua is not obliged to pay interest accrued
upon said arrears.

Art. VIII. The Republic of Nicaragua has no right to impose
import or export duties upon merchandise that may be imported
or exported into or from the free port of San Juan del Norte
(Greytoiim) .

The Republic of Nicaragua, however, has the right to impose
import duties upon merchandise in transit from the territory of
the free port of Greytown to the territory of the Republic and
export duties for its transportation from the territory of the Re-
pubHc to the free port of San Juan del Norte (Greytown) .

Given and signed by our hand and with our imperial seal, in
Vienna, July 2, 1881.

Francis Joseph. 2

^^^' 366 Report Presented by Dr. Don Lorenzo Montufar, Minister
of Foreign Relations of Guatemala to the Congress of
That Republic.

GUATEMAI.A, 1881.

Senores Deputies :

The Constitution imposes upon me the pleasant duty of pre-
senting to you a detailed Report of the matters belonging to the
office of. Secretary of Foreign Relations and I begin with a state-
ment concerning the United States of Colombia.

'The Award of H. M. the Emperor of Austria, based upon the Treaty
of Managua of 1860, by which Great Britain recognizes the sovereignty
of Nicaragua over the Coast of Mosquitos, adds a new and solemn inter-
national sanction to the fact which the documents herein published evi-
dence,— the notorious invalidity of the abrogated Royal Order of San
Lorenzo of November 20, 1803, the only title up to this time presented by
Colombia in support of its territorial pretensions. M. M. P.

391

That Republic should arouse your sympathies, not only by the
grandeur of its history in the epoch of American emancipation,
but by the laws which govern it.

It is not possible for a people to be unjust which is ruled by
the wise Constitution of Rio Negro.

There was some excitement in our press concerning the boun-
daries between Central America and Colombia. This excite-
ment is laudable, because it indicates the patriotic spirit which
animates the five parts of the dismembered Republic which was
our former country.

But events permit this matter to be considered calmly, and the
wisdom of the Government of Bogota affords a vast field for
the purpose.

The Government of Colombia addressed to the Nicaraguan
Government a note, proposing an arbitration as to boundaries.
(Document No. 1.)

Nicaragua did not accede to this, because not bordering on
Colombia, there could not be any territorial questions between
the two countries. (Document No. 2.)

At the same time it addressed a circular to the Governments
of Central America, stating what had happened, the matter being
particularly a Central American one. (Document No. 3.)

The Government of Guatemala replied to Nicaragua in accord-
ance with its policy in this respect. (Document No. 4.)

In the response the matter was presented briefly, because in a
note of that character further extension was not suitable.

But the matter is not settled, and I deem it my duty to present
to the Assembly the reasons and refer to the documents in which
the statements of the reply are supported.

During the period of the Federal Government there was sent
to Bogota a Minister Plenipotentiary of very clear understanding:
Senor Doctor Don Pedro Molina.

Doctor Molina made with the illustrious Colombian, Don
Pedro Gual, on the 15th of March, 1825, a Treaty between the
United Provinces of Central America^ and the old Republic of
Colombia.

Article 7 thereof reads :

"The United Provinces of Central America and the Republic
of Colombia are obligated and formally agree to respect their

' 392

limits, as they are at present, reserving to themselves to make in a
friendly way, by means of a special Convention, the demarcation
of a divisional line of one State from the other, as soon as cir-
cumstances may permit it, or as soon as one of the parties in-
dicates to the other its desire to take up this negotiation."

Central America had not made any territorial grant to Colom-
bia, nor Colombia to Central America, after the independence of
either one of these two Republics.

It follows from this, that evidently Article 7 of the Molina-
Gual Treaty referred to the boundaries existing at the period of
independence.

Ascertaining what those boundaries were, the question may be
decided.

Law IV, Title 15, Book 2, of the Recopilacion de Indicts, es-
tablished an Audiencia and Chancellery in Panama.

Law VI, of the same Title and Book, established the Royal
Audiencia of Guatemala, and both laws fixed as the end of the
one Audiencia and the other, the Government of Veragua.

In accordance with that demarcation there is found a title
granted in Madrid, November 29, 1540, in favor of Don Diego
Gutierrez, and another title granted to the Admiral Don Luis.
Columbus, on the 10th of January, 1537.

One other exists, issued by Philip II, King of Spain and of the
Indies, in 1574, in favor of Don Diego Artieda Chirinos, Gov-
ernor of Costa Rica.

This latter title confirms the prior ones and indicates the limits
in this manner:

"From Sea to Sea in latitude; and from the Mouths of the
Desaguadero which are on the side of Nicaragua, to the Province
of Veragua, in longitude, on the North side ; and from the bor-
ders of Nicaragua, on the side of Nicoya, to the Valleys of Chi-
riqui,"

In the year 1652 a new title of the Spanish Government issued
in favor of Don Juan Salinas, indicated in the same way once
more the limits of Central America, as far as the Bscudo de
Veragua.

In 1794 the inhabitants of the Islands of San Andres and
Providence, belonging to the Captaincy-General, sent a petition
to Spain which opposed a project relating to their aggregation to
the Viceroyalty of Santa PS,

393

This evidently proves that said Islands, in the year 1794, be-
longed to the Captaincy-General of Guatemala, as they always
had belonofed to it.

They are found ajt 12° 32' North Latitude and 81° 32' West
Longitude from Greenwich and at 13° 30' North Latitude and
81° 23' West Longitude of the same meridian.

In the year 1797 Don Tomas O'Neille, Governor of these Isl-
ands, under the orders of the Captain-General of Guatemala,
asked for men and money, which were delivered to him in the
Port of San Carlos.

In November of 1803 it is said that there was issued a cele-
brated Royal Order at San Lorenzo, under which it is asserted
all the Coast ought to be segregated, from Chagres as far as the
Cape of Gracias a Dios.

Now after all this, is the following: What were the limits of
Colombia and Central America when the two Republics became
independent ?

The limits never were changed.

They remained always the same as fixed by the Laws of the
Indies and the titles of Gutierrez, of Columbus, of Chirinos and
Salinas.

This requires proof and I will present it.

By Royal Decree, issued at the Palace in Madrid on Decem-
ber 17, 1803, the establishment of fixed companies in the frontier
ports was approved, as directed by the Royal Order of 1802.

In 1804 the Superior Board (Junta) of the Kingdom of Guate-
mala created at San Juan de Nicaragua a plaza de guar da (guard-
house or garrison) for the protection of that port.

A report was made to the King and in 1805 the following reso-
lution was received: —

**The King has approved the creation agreed upon by your
Superior Board of a garrison for the Port of San Juan de
Nicaragua"

In 1805 it was decided by the authorities of this Kingdom
that the impost of averia in the River Sam Juan be applied to the
benefit of its navigation.

There is one voluminous despatch in our archives. Its pur-

394

pose was to put the Kingdom of Guatemala in a state of defence
against the supposed designs of the Emperor Napoleon.

The efforts ended in 1810, and in that despatch, which speaks.
of the whole of the Kingdom, there is not a single line that indi-
cates that its territory had been diminished.

Between 1803 and 1810 there exist a series of despatches in
our archives, which show that there never had been any change
in the limits, but there continued coming to the Audiencia and
Royal Chancellery all the causes which in the respective stages
had been coming during the previous centuries, from the Prov-
inces of Nicaragua and Costa Rica in all their integrity.

In 1810 Don Jose Salvador, Brigadier of the Royal Armies^
Delegate in the Province of Nicaragua of the Captaincy-General
of Guatemala, sent to this Capital the matters that related to the
imposts (alcabalas) on imports by the Port and River of San
Juan, that Port and that River being integral parts of the King-
dom of Guatemala, and the same was seen in the years prior ta
and subsequent to independence.

In 1813, not only had there not been any change but to the Cap-
tain-General came the causes proceeded with against the Gra-
nadians Pio, Jose and Juan Argiiello, Juan Espinosa, Juan Cerda,
Manuel Antonio de la Cerda, Juan Ignacio Marenco and Joaquin
Chamorro, then accused of the crime of treason, which was later
converted into a title of merit and of glory.

Down to 1815 a number of things occurred which showed the
same, one of them being the appointment of the gunboats, given
to Don Juan Cordova, to take charge of the River San Juan de
Nicaragua. In the same year causes came from Costa Rica, and
among them the proceedings against the Adelantado Don Diega
Montiel. Even in 1820 there are found matters relating to the
case of Montiel.

In 1819 the Comandante de Armas of Cartago gave an opinion
to the Captain-General, concerning the duty of the militia through-
out the whole extent of the province. This matter was decided
by Don Carlos de Urrutia at the end of the same year.

In June, 1820, the Captain-General acted upon a petition of
some members of the Detachment of Sarapiqui, that they be given
a ration as theretofore, the daily pay not being sufficient.

The numerous causes that kept coming from those provinces

395

continued down to the day of independence, and in the books
that are filed in the Chief Accounting Office {Contaduria Gen-
eral) of Guatemala will be found the mercantile movement which
produced the duties in the Atlantic ports, relating to Gosta Rica
and Nicaragua, as they had been produced from the time of the
Kings of the House of Austria.

In none of the archives is there any evidence that the Kingdom
was diminished by any kind of dismemberment, but everything
shows its integrity.

The Federal Constitution, issued in 1824, designated for the
Republic the same limits that the Captaincy-General of Guate-
mala had, with the exception, as stated, of Ghiapas.

The Republic, thus marked out, was recognized by the old
Colombia, and it was under that recognition when the Molina-
Gual Treaty was made.

The State of Costa Rica issued its Constitution in 1825, desig-
nating as a boundary on the North Sea the Bscudo de Veragua.
In 1844 Costa Rica adopted another Constitution, which desig-
nated the same boundary, and the same was done in its subse-
quent fundamental laws, both as a State and as a Republic.

Nicaragua has designated in all its fundamental laws the limits
that the old province had which bore that name.

The Royal Order of San Lorenzo left no trace, neither in the
Archives, nor in the Ports, nor in the interior of any of the sec-
tions of Central America.

The evident deduction from this is that the Molina-Gual
Treaty, in speaking of the existing limits, spoke of the limits de-
scribed and marked on the geographical chart of the Kingdom.

It is not to be wondered at that the Royal Order of San Lo-
renzo left no traces anywhere, for it is not found among the
cedulas of the Audiencia, nor in any of our archives, nor was
it ever observed, furthermore in the same year that was issued
in Madrid a Decree which was much more than a Royal Order,
in a contrary sense, and because the limits between the Vice-
royalties and Captaincies-General were stated by the Laws of the
Indies and the pragmdticas; but never by Royal Orders, which
were transient and passing provisions, such for example, as per-
mission for registration in certain archives, or the increase of the
compensation of an employee.

396

Between Nicaragua and Colombia there can be no question
as to boundaries, because the two countries are separated by an
intermediate space.

This intermediate space is the whole territory of Costa Rica.

It is not possible, therefore, to imagine that there could be
submitted to arbitral decision any matter relating to boundaries
between Nicaragua and the United Colombian States, and for
that reason the reply was made to their Government which is
now presented to you.

The same can not be said as to Costa Rica and Colombia,

Article 7 of the Molina-Gual Treaty says that the United
Provinces of Central America and the Republic of Colombia
formally obligate themselves and promise to respect their limits
as they were then, reserving to themselves to make in a friendly
way, by means of a Special Commission, the demarcation of a
divisional line between the two States.

Such demarcation was never made by the United Provinces of
Central America and the Republic of Colombia.

Colombia was divided up and from that division, as you know,
there arose three Republics : New Granada, Venezuela and
Ecuador.

Central America was also divided and from its division, as
you also know very well, there came five Republics, that of Costa
Rica bordering on that of Nezv Granada.

The divisional line which was not fixed by Central America
and Colombia should be fixed by Costa Rica and New Granada.

This demarcation never was realized, for although various
treaties were made, none of them were exchanged.

The Republic of New Granada changed its title to that of the
United States of Colombia. Thus it is that the divisional line
referred to in the Molina-Gual Treaty ought now to be traced
between the Republic of Costa Rica and that of the United
States of Colombia, without Nicaragua having any further in-
terest in the matter than that which inspires a friendly and sister
State.

The wisdom of the Colombian Government may resolve the
difficulties.

We know with certainty, although not officially, that a treaty
for arbitration has been celebrated between the Republic of

397

Costa Rica and the United States of Colonibia, and that H. M.
the King of the Belgians has been designated as Arbitrator; —
and in case of his refusal then H. M. the King of Spain, and if
he does not accept then H. E. the President of the Argentine
Republic.

It can be asserted, without any danger of error, that there will
not be submitted to the high authority of the Arbitrator any reso-
lution of the Spanish Government which may change the boun-
dary of the old Captaincy-General on the Pacific Ocean, which is
at Punta Burica, in North . Latitude 8°, and 83° Longitude West
of Greenwich.

It can equally well be asserted that neither will there be pre-
sented to the Arbitrator any resolution of the Spanish Govern-
ment, except the Royal Order of San Lorenzo, of which refer-
ence has just been made, changing the boundary on the Atlantic
Ocean, which is the Bscudo de Veragua, North Latitude 9° 7'
and 81° 32' Longitude West of the meridian of Greenwich.

The United States of Colombia, not only has no intention of
disturbing the peace of Central America), but it has announced
the noble and very high purpose of having a Congress meet in
Panama, composed of representatives of the Nations of the New
World, in order to establish as a law for all the Western Hem-
isphere the arbitration of all international questions. (Docs.
Nos. 5 and 6.)

The Government of Guatemala can not refrain from taking
part in a purpose as just as it is philanthropic and humanitarian,
and replied it would send a representative to the Panama Con-
gress. (Doc. 7.)

Docume:nt No. 1.

Bogota, June 28, 1880.
Secretaryship of Foreign Relations of the United States of Co-
lombia.
Sknor Ministe:r:

The proposed enterprise of the excavation of a canal between
the Atlantic and Pacific Oceans, at the Isthmus of Panama, or at
some other point in Central America, has led to some recent in-
vestigations, published in the press, concerning the rights of this

398

Republic in the territorial zone which extends on the Atlantic
side between the River Doraccs or Culebras and the Cape Gracias
a Dios.

In periodicals of the Nations of Central America my Govern-
ment has been sorry to see that these investigations have been
considered by various writers as designed to form opinion in
order to initiate a policy of recovery with an armed hand, some
going so far as to assert that the debate started by the press had
been suggested by the latter Government.

The feeling of alarm produced by this incident in the Republics,
friends of Colombia-, interested in the controversy, is the reason
for this despatch, in which Your Excellency will find sincerely
expressed the purposes which in fact animate the people and the
Government of this country regarding the people and the Gov-
ernment of your Nation.

Both the Congress as well as the Executive Power of Colom-
bia are desirous that the boundary question referred to may be
decided by diplomacy, and in case this shall not be practicable,
then by the arbitral judgment of the Government of a friendly
power, designated by mutual agreement.

These measures for its solution are not only those which the
present state of civilization suggests, but also those which to a
certain extent are obligatory between countries that have been
good friends since their independence, being interested in their
mutual prosperity and living united by fraternal bonds w^hich
their present position and their future destinies make it advisable
shall be strengthened in order that they may maintain with glory
the important place which the Supreme Being has indicated for
them in this privileged portion of the continent.

With the confidence that the foregoing statement will be suf-
ficient to dissipate any fear that may have existed in the country
of Your Excellency in regard to the intentions of mine in ref-
erence to the question of boundaries, and in the hope that the
Government of Your Excellency may accept the measures indi-
cated for a solution, as an expression of the desire that the good
understanding which exists between your Republic and this may

399

never be changed, I have the honor to subscribe myself your
very obedient servant, Luis Carlos Rico.

To H. E. the Seiior Minister of Foreign Relations of the Re-
public of Nicaragua.

Document No. 2.
Ministry of Foreign Relations of the Republic of Nicaragua.

Managua, September 16, 1880.
Senor :

I have had the honor to receive the despatch which Your Ex-
cellency v^as pleased to address to me, dated June 28th last, stat-
ing that in periodicals of Central America your Government has
been sorry to see that the investigations recenlty published by the
press concerning the rights of your Republic in the territorial
zone which extends on the Atlantic side between the River Horaces
or Culebras and Cape Gracias a Dios, have been considered by
Central American writers as designed to promote a policy of
recovery with an armed hand, some going so far as to suppose
that the debate had been suggested by the Government of Your
Excellency. Further, that in view of the feeling of alarm which
the incident has excited in these Republics, Your Excellency
deems it well to state, that both the Government as well as the
Congress of Colombia desire that the question of boundaries re-
ferred to may be determined in a diplomatic way, or by means of
an arbitrator if the former is not successful, and concluding by
expressing the confidence that such declaration may be sufficient
to allay whatever fear might exist in this country regarding the
intentions of that of Your Excellency connected with the question
of boundaries, and the hope that my Government will accept the
measures indicated for a settlement of them, with the expression
of the desire that the good understanding which exists between
your Republic and this may never be changed.

My Government is gratified to acknowledge the friendly dis-
positions and the sentiments of conciliation which Your Excel-

400

lency manifests in the name of that of Colombia, on the subject
of the alarm excited in the different Central American organs of
public opinion by the investigations published by the press of
Colombia, concerning the territorial rights of that Republic and
it cherishes the hope that sentiments of such a nature will always
prevail in the relations of the two countries even in the unexpected
event that any difficulties should arise between their Governments.
As regards the question to which Your Excellency refers, my
Government has not been able to give to it the importance which at
first sight its gravity and possible serious character would have,
because it never has been presented by that of Colombia to the
consideration of that of Nicaragua, which does not know in any
official way the bases upon which any claim of that character
could be supported, if it were disposed to formally submit it.

The rights of Nicaragua over the territory which extends on
the Atlantic Coast, from Cape Gracias d Dios to its frontier with
the Republic of Costa Rica, have been recognized from a far
distant epoch by all the nations with whom it has cultivated
friendly relations; its extended possession of that littoral, never
disputed by any one, and the exercise of jurisdictional acts with-
out opposition by any party who might be supposed to have a
better right, constitute a title of such clear and unquestionable
character that my Government cannot admit the possibility of it
being put in doubt with any colour of justice.

The undersigned feels confident in the enlightened judg-
ment and the high sentiments of justice of the Government of
Your Excellency and in -the expectation that it will know how to
arrange every reason for question that may arise in this respect
between the two countries to the prejudice of their present good
relations ; and takes advantage of this opportunity to express the
sentiments of friendship felt by Nicaragua for the Colombian
people and to offer to it the assurances of appreciation and respect
with which he subscribes himself Your Excellency's obedient ser-
vant. Ad. Carde:nas.

To H. E. the Senor Minister of Foriegn Relations of the United
States of Colombia. Bogota.

401
Document No. 3.

Ministry of Foreign Relations of the Republic of Nicaragua.

Managua, September 21, 1880.
Senor :

I have the honor to forward to Your Excellency an authorized
copy of the communication which was addressed on the 28th of
June last to this Secretaryship by the Sefior Minister of Foreign
Relations of Colombia and the response which I made to it on
the 16th instant.

As the matter discussed in the two documents is of interest to
Central America, I have deemed it proper to bring it to the
knowledge of Your Excellency.

In confirming it, I am pleased to again assure you that I am
your obedient servant. Ad. Cardenas.

To H. E. the Seiior Minister of Foreign Relations of the Republic
of Gimtemala.

Document No. 4.

Secretaryship of Foreign Relations of the Republic of Guatemala.

Guatemala, October 16, 1880.
Senor Minister:

I had the honor to receive the esteemed note of Your Excel-
lency, dated at Managua, September 21 of the present year. It is
confined to advising me that on the 28th of June last there was
addressed to the Secretaryship of State of Nicaragua a note, of
which a copy is given, as well as the response which was made to
it in Managua. Your Excellency concludes with the statement
that the matter which is discussed in the two documents is of
Central American interest and that therefore it had been deemed
proper to bring it to the knowledge of the Government of Guate-
mala.

The first document is a note of the Secretaryship of State of
Colombia and it says: that the projects for the excavation of a
canal between the two Oceans have given rise to recent investi-
gations as regards the rights of Colombia to the territorial zone

402

which extends on the Atlantic side, between the River Doracrs
or Culebras and Cape Gracias a Dios; that in Bogota it has been
regretted that these investigations have been considered bv vari-
ous Central American writers as a prelude to a policy of recovery ;
that both the Congress as well as the Executive Power of Colom-
bia desire that the question of boundaries to which reference is
made may be decided by diplomacy or by an arbitral decision
given by the Government of a friendly power.

The note goes on speaking of the desirability of these meas-
ures and concludes by a statement of the hope that this friendly
declaration will calm the fears and pacify the minds excited.

After a notable historical explanation, made in response to
the note of Bogota, Your Excellency states that the rights o.f
Nicaragua in the territory it is claimed is in dispute not being
doubtful, there is nothing to arbitrate.

It has been stated and many times repeated, that the King of
Spain indicated as to the end of Central America the "Bscudo de
Veragua'' on the Atlantic side, and the Point of "Buricaf^ on the
Pacific.

These limits were recognized by the Sovereigns of the House
of Austria and the Bourbons, from Philip II down to Fernando
VII.

For Colombia to have acquired any territorial property on this
side of the "Bscudo de Veragua," it is necessary for it to have a
title transferring the dominion, since under the Law of Nations
as well as by the Civil Law property can only be acquired by
legitimate means.

The Government of Colombia has never submitted a title of
that character, which changes the limits between the Viceroyalty
of Santa Pe and the Captaincy-General, marked out by the Kings
of Castile.

The Federal Government being persuaded that the extent of
the territory of Central America was that designated by its titles,
made a contract for colonization in the territory of Bocas del
Toro, which was objected to by the Provisional Governor of Vera-
gua, in a note of September 23, 1836, and was sustained by the
Government of the Central American Republic.

403

The Governor of Veragua cited a Royal Order issued at San
Lorenzo, November 30, 1803.

This is the only one that New Granada invoked and which the
United States of Colombia now invokes.

According to that Royal Order there must be left under the
care of the Viceroy the territory included from Cape Gracias d
Dios as far as Chagres.

But the Kings of Spain did not divide their provinces by Royal
Orders, which are unimportant directions issued by one of the
Secretaries of State, without the signature of the King and with-
out the concurrence of the Council.

The Kings of Spain divided their Provinces by Pragmatics and
by Royal Decrees.

The Royal Orders affected transitory matters and had na
serious, stable or permament interest.

The Royal Order of San Lorenzo had for its purpose that our
Northern coasts might be watched over by the Viceroy, who had
at his disposal ships in the harbor of Cartagena; but it was never
carried out and after both countries continued to look upon the
Bscudo de Veragua as the boundary.

The Captain-General of the Kingdom of Guatemala did not
receive it so that it might be executed, and his jurisdiction, as
well as the jurisdiction of the Audiencia and Royal Chancellery
continued, down to the year 1821, the same that it had been from
the time of Philip II, without considering in any way the Royal
Order of San Lorenzo.

This Royal Order is not found authenticated in the archives of
Central America, because it was not communicated to the Cap-
tain-General.

This was very well understood by the Governments of Colombia
prior to the recent investigations concerning the excavation of the
Canal, for neither General Herran, nor Valenzuela, nor Pradilla,
nor Correoso, who at various times have celebrated boundary
treaties between Nezv Granada or the United States of Colombia
and Central America ever made such extreme claims.

Almirante Bay, in whole or in part, has been considered as
Central American.

Now then, attention is directed to the idea that two of the
Central American States have not a foot of land on the Sea of the

404

Antilles, since the limits of Colombia reach as far as Cape Gracias
a Dios, which is situated at 15° North Latitude and 83° 10' West
Longitude from Greenwich.

According to this two Central American States were not part
of the Republic of Central America, nor have they existed as sov-
ereign Republics, since their territory is Colombian.

Arbitration is very good, very just and very desirable, when
it applies to doubtful matters; but that which does not admit
of a doubt cannot be submitted to an arbitral decision, because
it would be to put into the scale of justice that to which no one
sees any objection.

I cherish the pleasing hope that the reasons stated by Your
Excellency may convince the enlightened Colombian Cabinet and
that the ideas conveyed in the present note may cause the people
and the Government of Nicaragua once more to see that the pres-
ent Government of Guatemala does not look with indifference upon
any question that affects the interests of Central America and
tends to diminish its territory, for although a real misfortune di-
vided the country it ought to consider itself as one and indivis-
ible when its integrity or its independence is under discussion.

Happily we ought to think that all the Central American Re-
publics are animated by the same idea, and resting in that con-
fidence I have the honor to assure you once more that I am Your
Excellency's very obedient servant,

Lorenzo Mont^far.
To the Exmo. Sefior Minister of Foreign Relations of Nicaragua,

Managua.

405
UNITED STATES OF COLOMBIA.

Report of the Secretary of Foreign Affairs, Submitted DocsSf
to the National Congress of 1884.

Published at Bogota, 1884 :— print of ''La Luz."
Costa Rica.

Nothing has passed through the Department of Foreign
Affairs of importance having relation to this progressive and
prosperous nation.

After H. JVI., the King of the Belgians, excused himself from
filling the post of Arbitrator in the question of boundaries pend-
ing between Colombia and Costa Rica, instructions were for-
warded to our Minister in Madrid, so that, in conformity with
the stipulations of the Arbitration Convention, he should present
the petition relating thereto to H. M. the King of Spain.

Up to the present time this has not been done, but this action
will soon be taken, and it is to be hoped that an acceptance being
received from that wise and benevolent Monarch, his decision
will be satisfactory to both countries.

Meanwhile, Seiior Francisco de P. Borda continues the com-
pilation of material for the preparation of our Alegato (State-
ment of the Case) as attorney for the Republic. Sefior Borda
has already shown the country that he is thoroughly familiar with
the question and there is no doubt that his work will deserve
the gratitude of the nation.

Europe.

Spain.

The boundary question pending between Colombia and Vene-
zuela having been submitted to the judgment and decision of
H. M. the King of Spain, in the capacity of Arbitrator, as a
judge of law under the tenor of the Treaty of September 14,
1881, for a legal arbitration, celebrated between the two coun-
tries, that august Sovereign accepted the delicate and laborious

400

charge, under date of February 21, 1883, and we submit to him
in this memorial, in our behalf, as we have already done directly
through our Minister at Madrid, the most explicit and sincere
assurance of the national recognition of this act of kindly court-
esy. The legal territorial delimitation of the two republics, there-
fore, will soon be definitively estabhshed in a binding manner, and
it may be assumed that the arbitral determination will be satis-
factory to the common aspirations of these peoples.

Our long continued and bitter diplomatic discussion with the
sister republic of Venesuela will thus be soon decided by an
unappealable sentence and the only cause for difference between
them is about to disappear forever, as a subject of common ex-
amination and mutual unrest in the departments of both Govern-
ments, the last word in this vehement debate being pronounced
by the one who can best speak it, having the best data, the most
information and even the most affectionate regard, — the Sov-
ereign of the Spanish Nation, our old Mother Country, the de-
positary in its archives of the secular history of the administra-
tion of these colonies.

The Alegato of Colombia, duly forwarded to our Legation in
Madrid, is a document of unquestionable juridical and literary
merit, responding to the just fame enjoyed by its learned author,
Senor Doctor Anibal Galindo, the present Secretary of Hacienda.
Simple in language, clear in its reasoning, vigorous in its analysis
of the evidence, this work is the result of a patient and labor-
ious examination that adds a hundredfold to the services rendered
to the country by Doctor Galindo as a statesman and political
writer, and above all and more especially in the investigation of
this very boundary question, treated so masterfully by him upon
another occasion. It is with pleasure that I take advantage of
this opportunity to make publicly to him this frank statement of
my gratitude as a Colombian.

On October 23, 1883, that is to say, three days after the eight
months had expired mentioned in the second Article of the
Treaty of 1881, referred to above, our Minister in Madrid ad-
dressed himself, in conjunction with the Minister of Venezuela,
to H. M. the King Don Alfonse XII, asking for an audience for
the purpose of placing in his hands the Alegato of Colombia.
Down to the 24th of November following no official response had

407

been received ; but H. M. had resolved, after having been advised
by his Minister of State, as regards the boundary question be-
tween the two Republics, to appoint a Commission to take up the
examination of the disputed points, which Commission should,
at the proper time, assist him with their explanations in the for-
mation of his opinion.

The statement of the Minister and the Royal Decree appoint-
ing the chairman, the members and the secretary of that Com-
mission, are papers of the greatest importance; — the former on
account of its plain and clear views, and the latter by reason of
the eminent names it contains.

These documents are as follows :

''Ministry of State. Statement.

"Se:nor:

"Your Majesty having consented to accept the request sub-
mitted by the Republics of Colombia and Venezuela, asking that
you may be pleased to serve as Arbitrator of the questions relat-
ing to the determination of their frontiers, and the term fixed
for the presentation of the pleas having expired, the moment has
arrived for arranging the manner of proceeding in regard to the
examination of so delicate an affair, and therefore it is proper
to state briefly its origin and present status.

"The questions as to boundaries between the Republics of
Colombia and Venezuela are as old as the existence of those
countries. Upon proclaiming themselves independent they both
agreed to keep those that down to the year 1810 had served to
separate the territorial division of the Captaincy-General of Ven-
ezuela from that of the Viceroyalty of New Granada; and start-
ing from this basis they subsequently discussed upon different
occasions how to determine them with greater precision. But
although animated by the most sincere desire for conciliation and
convinced of the importance of living harmoniously together,
their efforts to arrive at an agreement have always been unavail-
ing. Sometimes the negotiations undertaken have broken down;
at other times the compacts adjusted by the negotiations have
not been ratified ; and for four years the boundary question has

408

assumed such a serious aspect that relations have been interrupted
and an open rupture has been threatened.

"Nor would it have been strange if this had occured.

"The Republics of Colombia and Venezuela occupy an area
four times greater than that of Spain, their population being so
sparse that it does not exceed five millions of inhabitants, and
even these are mainly concentrated along the coast. The interior
of the country, unsettled and untilled, is hardly known, and it
was much less so at the beginning of the century, at the time of
the emancipation. Their border line extends, therefore, for a
length of many leagues, across extensive territories, equivalent to
large provinces, where complicated questions are presented, either
for lack of demarcation or because the names are not certain nor
the situation of the pointed dispute. It is very sure that the
greater portion of those territories are not yet exploited; but
being of a fertile character and rich in all kinds of products, and
the country being traversed by large and navigable streams, des-
tined to hereafter serve as commercial highways that will place
them in communication with the other peoples of the world,
they have an immense prospective future.

"In this situation, the Governments of both Republics being
convinced that the simple exhibition and direct examination of
the titles upon which they base their claims is not sufficient for
them to reach an understanding, they adjusted at Caracas, on
September 14, 1881, the Treaty, the stipulations of which are
submitted to Your Majesty, agreeing to leave to your judgment
all the boundary questions, so that you may decide them as the
legal Arbitrator, and relying upon the acts of the old sovereignty
of the country.

"The difficulties to be met with in the discharge of this im-
portant duty are very obvious.

"During the period of Spanish domination the two Republics
were colonies of the same State. The differences that arose
from time to time as to boundaries only had the character of
competitions for jurisdiction between officials; and the disposi-
tions which the Government of the Mother Country adopted for
their settlement, except for topographical conditions without im-
portance then, were determined by considerations of a different
nature; taking into account, sometimes the origin of the settlers

409

in the new establishments and sometimes the facility of com-
munication. The very Royal Cedulas issued to pacify the con-
tentions, at times contradictory, being made, as has been indi-
cated, with scant knowledge of the localities, gave rise to new
confusion. The most distinguished statesmen of these Republics
have struggled in vain to explain them and the task will be none
the less difficult for those who may undertake it in Spain, if
they are to examine only the documents thus far submitted ; but,
happily, they have a wider scope for their investigation.

"In submitting their disagreements to the arbitration of Your
Majesty, the two Republics took care to provide in the Treaty of
the 14th of September the desire that Your Majesty should decide
what the territorial division was as it existed in the year 1810;
and although both parties may have undertaken to present the
titles upon which their claims are founded, yet it is evident that
to decide with" certainty the Arbitral Judge must also consult
all the other facts capable of throwing any light upon the sub-
ject, and which were not within the knowledge of the contest-
ants, searching for them in the archives of the old Mother Coun-
try, as well as in any other collection of papers that may exist,
for the Royal Cedulas and other governmental dispositions hav-
ing relation to the matter, and in the narratives, frequently un-
published, of American writers; since in order to thoroughly
understand the litigated points it will be necessary to go back
into the history of the conquest itself and the reports made by
the first explorers in those vast regions.

"And the only way to attain this result being to create a Com-
mission, made up of persons who by reason of their personal
studies or by their writings or publications have shown them-
selves to be best fitted for such a purpose, the undersigned Min-
ister has the honor to suggest that Your Majesty make such ap-
pointments. The Commission should investigate the allegations
of the contending parties and their proof and collect the other
data required to complete their investigation, and should then
submit the work to Your Majesty, in order that the decision of
the Arbitrator may be supported by such evidence that the read-
ing of it will be sufficient to show that Your Majesty has de-
served the confidence reposed in you and the impartiality of your
award.

410

"In the statement submitted to Your Majesty by the Pleni-
potentiaries of Colombia and Venezuela^, making themselves sub-
ject to your arbitration, they declare in noble and cordial terms
that by this act they set "for the American family the good ex-
ample of applying to their common Mother, in seeking from
your ' sovereignty an adjustment of their differences.

"It is to be hoped that the decision Your Majesty may deliver,
meeting this frank proposition, will at the same time serve to
demonstrate that one of the keenest satisfactions of Your Maj-
esty and of your Government will always be to contribute to the
harmony and prosperity of the Republics of Spanish Anerica.

"Relying upon these considerations, the Minister who sub-
scribes this has the honor to submit for the apnrova! of Your
Majesty the appended draft of' a decree.

"Madrid, November 19, 1883.

"Seiior: A. L. R. P. de V. M. (at the Royal feet of Your
Majesty) ;

"Servando Ruiz Gomez."

Royal Decree.

"In view of the reasons explained to me by my Minister of
State:

"I have determined to decree the following:

"Art. :J. a Commission is created, which shall be called 'Com-
mission for the Examination of the Boundary Questions between
the Republics of Colombia and Venezuela f and it shall be com-
posed of a chairman, three members and a voting secretary.

"Art. %. This Commission shall examine the titles, rights and
allegations which the Governments of the two Republics may
present to me as the Arbitral Judge in support of their claims.
' "Art. 3. The Commission shall have the right to require from
the archives of the Kingdom, through the Ministry of State,
certified copies and extracts of all documents that may be deemed
necessary as evidence in regard to the questions litigated.

"Art. 4. Having all this data before them, the Commission
shall submit to me a report, prepared in accordance with the pro-

411

visions set forth in the Treaty agreed upon at Caracas by the
Plenipotentiaries of the two Republics on September 14, 1881.

"Art. 5. The Minister of State is charged with the execution
of this decree.

"Given at the Palace on the nineteenth of November, 1883.

"Alfonso.
"The Minister of State:

"Servando Ruiz Gomez.^'

Royal Decree.

"In order to make up the Commission for the examination of
the boundary questions between the Republics of Colombia and
Venezuela^, created by my Decree of this date:

"I appoint: in the capacity of Chairman, Don Carlos Ibaiiez
e Ibanez de Ibero, Field Marshal and Director General of the
Geographical and Statistical Institute ; — as members, Don Cesareo
Fernandez Duro, Fleet Captain in the Navy, Academician of
History, Vice-President of the Geographical Society; Don Justo
Zaragoza, Administration Chief of the First-Class, Member of
the Governing Board of the Geographical Society and author of
works upon history and American geography; — and Don Marcos
Jimenez de la Espada, a member of the Spanish Commission in
the Pacific, American Historiographer and Academician elect of
History; — and as voting Secretary Don Caspar Muro, Chief of
the Archives in the Ministry of State.

"Given at the Palace, on the nineteenth of November, 1883.

"A1.FONSO.

"The Minister of State :

"Serva^do Ruiz Gomez."

Contract Made With Senor Jose Maria Quijano Otero, for the
Preparation of a Work Concerning Boundaries.

The undersigned, to wit : Pablo Arosemena, Secretary of the
Interior and Foreign Affairs, in the name of the Executive Power
of the Nation, and Jose Maria Quijano Otero, acting for him-
self, agree to make the contract contained in the Articles follow-
ing-

412

Art. 1. Quijano Otero agrees to prepare and deliver for pub-
lication, to whomsoever the Government may direct, a work bear-
ing the title of Limites de los Bstados Unidos de Colombia (Limits
of the United States of Colombia) ; taking as a model therefor
the Memoria historica sobre limites con el Imperio del Bi-asil
(Historical Memorial as to Boundaries upon the Empire of
Brazil), prepared by the said Otero in 1869.

Art. 2. This work is to contain:

( 1 ) the official documents, such as Cedulas issued by the Span-
ish Sovereigns, as well as the PubHc Treaties celebrated between
the Spanish and Portuguese Crowns, which are the basis and
evidence of the territorial rights of the Republic

(2) All the data taken from the doctrine of the Public Law
or from negotiations of international character, that it be possible
to gather confirmation of our rights.

(3) the historical narrative of the negotiations undertaken be-
tween Colombia and the neighboring nations, as regards the de-
marcation of their respective territories ; down to the present time,
showing the situation in which they now are; and

(4) the deductions that are to be drawn from such antecedents
for the purpose of determining the frontier lines.

Art. ;3. The work is to be divided into the . following sections:

(1) the bases upon which Colombia plants its rights;

(2) the boundaries upon the Republic of Venezuela;

(3) the boundaries upon the Empire of Brazil;

(4) the boundaries upon the Republic of Ecuador;

(5) the boundaries upon the Republic of Costa Rica;

(6) the Mosquito Coast; and

(7) a general summary.

Art. 4. Quijano Otero is charged with the proof-reading of the
work ; and he undertakes to deliver it completed, save for unfore-
seen and unavoidable circumstances, within the term of two years,
at the latest, counting from the date upon which this contract
may be approved by the Executive Power.

Art. 5. In this work no citations or assertions are to be made,
unless they are of some fact of public knowledge, the documents
in proof of which cannot be submitted.

Art. (). The Government leaves and confides to the discretion

413

of Quijano Otero the extent to be given to the undertaking, it
being understood that it is desirable to have the work as complete
as possible.

Art. 7. The Government, on its part, agrees :

(1) To issue the necessary orders, so that not only the Na-
tional Archives but in the Library also documents and works
shall be furnished as required, for which he will leave receipts
in case the\- are taken to his own private workroom, the same to
be cancelled upon the return thereof ;

(2) To pay to Quijano Otero the sum of 200 pesos during each
month, for the two years within which the work is to be finished ;
and 200 pesos more upon the delivery thereof, as compensation for
the labor of the proof-reading; and

(3) To give to Quijano Otero fifty copies of the work.

Art. 8. Quijano Otero undertakes to deliver every four months
one of the parts into which the work is divided ; and if, by reason
of his serious ill-health or death he shall not be able to complete
it, there shall be left as the property of the Government, by reason
of the monthly payments he may have received, all the data
copied and the documents relating to ''boundaries," in his posses-
sion. On the other hand, if the work shall be finished or delivered
before the expiration of the two years stipulated, in addition to
the monthly payments which Quijano Otero may have received
there shall be allowed to him the sum of 5,000 pesos for his work
of preparation and correction ; and he shall be given 1,000 pesos
more in payment for the documents in his possession connected
with the matter that is the subject of the work.

Art. 9. Quijano Otero, in order to assure the fulfillment of
this contract, submits as a guaranty the personal bond of Senor
Roberto Quijano, who signs in token of his assent.

Art 10. This contract shall be submitted for the approval of
the President of the Republic and the final action of the National
Congress at its next session.

In testimony whereof it has been signed at Bogota, on the fif-
teenth day of January, 1879.

Pablo Arosemena.

Jose Maria Quijano Otkro.

Roberto Quijano.

414
Bxecutive National Power:

Bogota, January 10, 1879.
Approved.

The President of the Union. Julian Trujtllo.
The Secretary of Interior and Foreign Affairs :

Pabi<o Arosemkna.

Doc. 368 The Cabinet Council of Costa Rica Fixes the Boundaries
of the Litigated Zone With Colombia.

San Jose, November 19, 1885. 1

There being assembled under the Presidency of His Excellency
the President of the RepubUc the Secretaries of State Esquivel,
Duran, Fernandez and De la Guardia, the following was taken
into consideration :

The Minister of Costa Rica in Madrid, Licenciado Don Leon
Fernandez, has communicated that the American Government has
made known to His Majesty the King of Spain, Arbitrator ap-
pointed by Costa Rica and Colombia to award the boundaryv ques-
tion now pending between them,, that the American Government
by the Treaty of 1846 guarantees to New Granada, now Colombia,
its sovereign rights in the Isthmus of Panama as far as its bound-
aries with Costa Rica, and that being not a party in the arbitra-
tion, it shall not be obliged to respect the arbitral award.

In order to remove this difficulty so that the King of Spain can
give his award, Minister Fernandez has initiated confidential
negotiations with the American Minister in Madrid and has pro-
posed ad referendum that the American Government should with-
draw its intervention and that in case the zone litigated with
Colombia and not actually possessed by Costa Rica should be
granted to the latter, Costa Rica will grant to the American Gov-
ernment in the said zone the same obligation of guaranteeing the
sovereignty and possession in like manner it guarantees it actually
to Colombia, the said disputed zone not actually possessed by

* Archives of the Department of Foreign Relations of Costa? Rica. Book
of the Cabifiet Council of 1885.
No. 4.

415

Costa Rica, being fixed as follows : On the Atlantic side from
the River Changuinola exclusive to the Bscudo de Veragua, and
on the Pacific side, from the Golfito and River Goto to the River
Chiriqui Vie jo.

Being necessary to give instructions to Minister Fernandez
all present opine that it is suitable to instruct Minister Fernandez
to continue the initiated negotiations, and if the American Min-
ister in Madrid has not been authorized to treat this affair, there
shall be initiated negotiations with the Cabinet of Washington.

This record has been flourished by the President of the Republic
and signed by the other members of the Cabinet Council in San
Jose, on the nineteenth day of the month of November of the
year eighteen hundred and eighty-five.

(Here is a flourish.)
The Secretary of State in the Department of Foreign

Relations, EsQUivEL.

The Secretary of State in the Department of Governments,

C. DURAN.

The Secretary of State in the Department of the Treasury,

Mauro Fernandez.
The Secretary of State in the Department of War,

De la Guardia.

Additional Arbitration Convention Between Costa Rica Doc.369
and Colombia.

Paris, January 20, 1886.

The undersigned, to wit : Leon Fernandez, envoy extraordinary
and minister plenipotentiary of the Republic of Costa Rica in
Spain, France and Great Britain; and Carlos Holguin, envoy
extraordinary and minister plenipotentiary of the United States
of Colombia in Spain, desiring to obviate the difficulties that might
arise with respect to the execution of the Arbitration Convention
concluded between their respective Governments on the 25th of
December, 1880, and considering:

1. That His Majesty, the King of Spain, Don Alfonso XII,
has been pleased to accept verbally the appointment of Arbitrator

416

suggested to him by the undersigned in the name of their respec-
tive Governments, in order to determine the territorial questions
pending between the two Republics, and that, therefore, the execu-
tion of the Arbitration Convention of December 25, 1880, has
already been begun before the Government of Spain;

2. That it is in the interest of both Republics to continue before
it the proposed arbitral proceedings, not only because the greater
part of the original documents for deciding with certainty and
full knowledge of the matter the pending question of boundaries
are to be found in the archives of Spain, but also because there
are to be found there a sufficient number of persons especially
devoted to investigations concerning America, whose opinion and
counsel will efficiently contribute to the adjustment of the award
as far as possible to the truth and to justice ; and

3. That the very much regretted and premature death of His
Majesty, Don Alfonso XII, might give rise to doubts regarding
the competency of his male or female successor to continue act-
ing in the aforesaid arbitral proceedings until a definitive judg-
ment ;

They have agreed to celebrate the following:

Convention, ad referendum, as an addition to the one signed
at San Jose, December 25, 1880, by the plenipotentiaries of Costa
Rica and the United States of Colombia, for the settlement of
the .question of boundaries pending between the two Republics:

Artict.e 1. The Republic of Costa Rica and the United States
of Colombia recognise and declare that, notwithstanding the death
of His Majesty, Don Alfonso XII, the Government of Spain is
competent to continue acting in the arbitration proposed by the
two Republics, and to deliver a definitive award, of an irrevocable
and unappealable character, in the pending litigation concerning
territorial boundaries between the two high contracting parties.

Article 2. The territorial boundary which the Republic of
Costa Rica claims, on the Atlantic side, reaches as far as the
Island of the Bscudo de Veragua and River Chiriqui (Calobe-
bora), inclusive; and on the Pacific side as far as the River Chiri-
qui Vie jo, inclusive, to the East of Punta Burica. The territorial
boundary which the United States of Colombia claims reaches,
on the Atlantic side, as far as Cape Gracias a Dios, inclusive;

417

and on the Pacific side, as far as the mouth of the River Golfito,
in the Gulf of Dulce.

Article 3. The arbitral award must be confined to the terri-
tory disputed which lies within the extreme Hmits already stated,
and it cannot in any way affect the rights which a third party, who
has not intervened in the arbitration, may allege to the owner-
ship of the territory included within the boundaries indicated.

Article 4. If, for any reason, the Arbitrator shall not be able
to deliver his award within the period positively designed by
Article 2 of the Arbitration Convention of December 25, 1880,
the high contracting parties agree to extend said period for ten
months longer, which are to be counted from the day upon which
the former period shall terminate.

Article 5. With the exception of the foregoing additions and
modifications, the Arbitration Convention of December 25, 1880,
shall remain in force in all its parts.

In testimony whereof we have signed two of the same tenor,
attested by our respective seals, in the city of Paris, on the 20th
of January, 1886.

Leon Fernandez, (l. s.)
Carlos Holguin. (l. s.)

Mr. Bayard to Sefior Peralta.

Department of State,
Washington, May 26, I886.1

Str: I have the honor to acknowledge the receipt of your
note of the 3d instant concerning the submission to tjie
arbitration of the Government of Spain of the long-pending
boundary dispute between the Republic of Costa Rica and the
United States of Colombia.

You therewith communicate to me a copy of the supplementary
articles of 20th January last to the existing convention between
Costa Rica and Colombia, by which the arbitration was proposed,
and invite my attention to the inclusion therein of the points ad

'Foreign Relations of the United States, 1893, p. 280.

Doc. 370

418

verted to in my note to Senor Gonzalez Viquez, dated 11th No-
vember last, touching the effects of such arbitration upon any
rights of guarantee or tenure which the Government of the
United States or its citizens may be found to have with respect
to the territory in dispute.

You also advert to the purpose defined in those supplementary
articles of permitting the arbitration to proceed under the um-
pirage of the Government of Spain, notwithstanding the lamented
death of His Majesty Don Alfonso XII, to whom the high office
of arbitrator had been tendered by the contracting parties to the
convention of arbitration.

The third article of the supplementary convention of 20th Jan-
uary, 1886, reads as follows:

"Article 3. The judgment of arbitration is to be confined to
the disputed territory within the extreme limits above described,
and can not in any manner whatever affect the rights which a
third party not having taken part in the aribitration, may allege
to the ownership (propiedad) of the territory comprised within
the limits described."

The Government of the United States, in view of your posi-
tive assurance that the article thus cited was intended to meet
the points presented in my note of November 14, 1885, accepts
this formal declaration as sufficient understanding that the terms
"ownership (propiedad)" is employed in no restrictive sense but
includes all possessory or usufructury rights and all easements
and privileges which the United States or their citizens may pos-
sess in the disputed territory, not only as respects the relation of
the United States to each or either of the contracting parties to
the arbitration, but ajso with regard to the relation of the United
States or their citizens toward any third government not actually
a party to the submission.

This declaration on the part of the United States is proper in
view of the fact that the region in dispute, as defined in Article
II, not only embraces territory to which the concessions of Co-
lombia and Costa Rica and the mutual guaranties of the United
States with Colombia might be found applicable, but also in-
cludes territory coming under the purview of the existing ar-
rangements of Nicaragua with the United States and with citi-
zens of the United States.

419 ^

So, accepting the declaration of the supplementary articles of
20th January, 1886, as fully responding to the views and propK>si-
tions set forth in my note to Sefior Gonzalez Viquez of the 14th
November, 1885, I will have pleasure forthwith in carrying out
the promise I then made, to announce to the Government of
Spain, as the arbitrator accepted by Costa Rica and Colombia,
that, in view of the formal understanding reached by the con-
tracting parties to the arbitration, whereby the scope and effect
thereof are defined without impairment of any rights of the
third parties not sharing in the arbitration, the Government of
the United States withdraws from the notification, made June 25,
3881, that it would not hold itsdf bound by the results of such
arbitration.

In so doing the Government of the United States feels, that it
is consistently lending its countenance to the general promotion
of the policy of arbitration which it has itself advocated and
adopted on important occasions as a means of adjusting interna-
tional differences or disputes, and aiding a resort whereby the
peace and welfare of the South American States can be secured
and the losses and demoralization attendant upon costly and use-
less warfare be prevented.

I have addressed a communication in a similar sense to the
envoy of the United States of Colombia at this Capital.

Accept, sir, the renewed assurances of my highest considera-
tion. T. F. Bayard.

Political Constitution of Colombia. ^o^ ^^

August 4, 1886.

Title I. Of the Nation and Its Territory.

Art. 3. The boundaries of the Republic are the same as those
v^hich in 1810 separated the Viceroyalty of New Granada from
the Captaincies-general of Venezuela and Guatemala, from the
Viceroyalty of Peru and from the Portuguese Possessions of
Brazil; and provisionally, in respect to Ecuador, those designated
by the Treaty of July 9, 1856.

r 420

The divisional lines separating Colombia from the adjoining
nations shall be definitively fixed by public treaties, the latter
being based upon the principle of the legal uti possidetis of 1810.

Art. 4. The territory, with the public property that forms a
part of it, belongs solely to the Nation.

The sections that compose the Colombian Union, known as
States and national Territories, shall continue to be territorial
parts of the Republic of Colombia, keeping the same actual limits
and under the designation of Departments.

Doubtful divisional lines shall be settled by demarcatory com-
missions appointed by the Senate..

The old national Territories remain incorporated in the sec-
tions to which they belonged originally.

The Government ol His Catholic Majesty Accepts the
^^'^^ Position of Arbitrator. Terms and Conditions of His
Acceptance.

/. The Ministers of Colombia and Costa Rica to the Minister of

State.

Madrid, May 19, 1887.

ExcMo. Senor:

We have the honor to enclose herewith to Y. Ex. a copy of
the Convention subscribed in Paris by the plenipotentiaries of
Colombia and Costa Rica, as an addition to that of December 25,
1880, signed at San Jose, by which our Governments have sub-
mitted to the decision of H. M., the King of Spain, the questions
pending with regard to boundaries between the two countries.
Our Governments being fearful lest the unhappy decease of the
noble Prince who ruled the destinies of Spain at the time the Con-
vention of San Jose was concluded, might throw doubt upon the
jurisdiction of his worthy successor to carry on the affair to its
termination, they desired that a new Convention be signed, which
we now submit approved and ratified, expressly declaring that
t)ie Spanish Government is competent to deliver its decision and
that both countries seek for it in the wisdom of this Government.

421

Believing that the Government of H. M., the Queen Regent,
will be animated by the same cordial disposition as was that of
H. M., the King Don Alfonso XII (may he rest in peace), we sub-
mit the aforesaid Convention, to the end that, when our Govern-
ments undertake to assume their rights, there may not be the
least doubt as regards the jurisdiction of the Spanish Government.

Trusting that on the part of the Government of H .M., the
Queen Regent, there will be an express acceptance of this duty,
we assure Your Excellency in advance of the most earnest thanks
of our Governments.

Cari^os Hoi^guin.
Manuel M. Dt Peralta.

//. The Bxcmo. Senor Don Segismundo Moret, Minister of
State of H. C. M., to Senor Pe ralta, Minister of Costa Rica.
Conditional Acceptance of the Arbitration.

Ministry of State,
Palace, June 12, 1887.

ExcMO. Senor:

I, have received, with the courteous note which Y. E. jointly
with Senor Don Carlos Holguin, representative of Colombia,
has been pleased to address to me, under date of May 19th last,
the Convention subscribed in Paris by the plenipotentiaries of
iCosta Rica and Colombia, as an addition to that of December
25, 1880, signed at San Jose, by which the two Governments of
the two Republics had submitted to the decision of H. M., the
King of Spain, the question pending concerning the territorial
boundaries between the two countries.

The differencies which it appears existed in this affair between
the two signatory Republics of that international compact, and
that of the United States, being satisfactorily arranged by said
Convention, I deemed the moment had arrived to make a state-
ment to the Government of H. M. of the desires expressed by
Y. E. and your worthy colleague the representative of Colombia .

The Government of H. M., which views with the greatest in-

Doc. 373

422

terest and predilection whatever relates to the Spanish American
States, accepts with pleasure the duty of rendering an arbitral
award which is offered to it; but considering it very desirable
that the investigation of the question which may be submitted to
its arbitration, in view of the special, conditions which it presents,
be allotted to the Commission which is at present occupied like-
wise with the question of the boundaries between Colombia and
Venezuela, which will greatly facilitate the new mission that may
be entrusted to it, I have the honor to bring it to the knowledge
of Y. E., to the end that it may be submitted to the Government
which you so worthily represent ; adding further that the investi-
gation of the matter mentioned will begin as soon as the Com-
mission to which I have above referred concludes its work, which
work is already well advanced, and the termination of which
I am urging may be hastened as much as possible.

With pleasure I take this opportunity of again assuring Your
Excellency of my most distinguished consideration.

S. MORET.

l>oc. 374 JIJ- Seiior Peralta, Minister of Costa Rica, to Setior Moret, Min-
ister of State,

Legation of Costa Rica,

Madrid, June 23, 1887.
ExcMO. Sknor:

I have had the honor of receiving the note of Your Excellency,
dated the 12th instant, replying to the one from this Legation and
that of Colombia of May 19th last.

Your Excellency is pleased to bring to my knowledge the fact
that the Government of H. M. accepts with pleasure the charge
which is offered to it of rendering an arbitral award, and that the
matter submitted to its arbitration will be allotted to the Com-
mission which is occupied with the question of the boundaries be-
tween Colombia and Venezuela, as soon as its labors may be
concluded.

It has been a great pleasure for me to communicate such satis-
factory news to my Government, and in its name I am greatly
honored in most cordially thanking the Government of H. M,

423 i

and of Your Excellency, who so worthily represents it, for so
marked an evidence of friendship and cordiality.
I have the honor, etc.

Manuel M. de Peralta.

Seiior Peralta to the Minister of Foreign Relations of t>oc.37s

Costa Rica.

Paris. October 5, 1888.
Sir:

I have the honor to acknowledge receipt of your note of
September 7 ultimo, and of the copies of documents that you
were pleased to attach thereto.

The information that you give to me concerning the terri-
tories measured by the engineers of the Panama Canal Com-
pany in the territory of Talamanca is altogether exact and in
accordance with the information given to me this very day, and
on the 2nd instant, by M. Gaston Crozes, an engineer of the said
Company who visited the said region and ordered the measure-
ment of the territory, relying on the official map of the State of
Panama, published in 1865 by Manuel Ponce de Leon and Manuel
Maria Paz. Monsieur Crozes entered by the mouth of the
Sixaola and travelled upstream for a day and a half. Upon
reaching the mouth of the Vurquin the Sefiores Bravo and
Arango, who were charged with the special mission of making
the measurement, met a Costarican guard, the officer of which
informed them that they were in territory of Costa Rica.

Wherefore the said gentleman went no further but continued
the measurement on the right bank of the Yurquin, upstream,
as far as it can be navigated. From there they continued by
a path to the Changuinola or Tilorio River, until near a spot
named Brushik, on Gabb's map of Talamanca; from there they
went by a straight line as far as the peak of Robalo ; from this
peak, following its slope and the course of the Robalo River they
went to the mouth of this river in Chiriqui Lagoon; this measure-
ment embracing an area of 170,000 hectares.

On the eastern part of Chiriqui Lagoon the measurements
made by the Panama Canal Company extend from a River San

i*^ 424

Pedro (called Chu<itara in the country) to the East of Chiriqui
River and to the South-east of the Island of Bsciido de Veragua^
as far as the neighborhood of Cricamola River, to the East of
this river, embracing Valiente Peninsula. This area measures
10,000 hectares.

The Panama Canal Company is not yet in possession of these
280,000 hectares that have been measured; but it has the inten-
tion of requesting the Government of Colombia to adjudicate
them to it.

Monsieur Charles de Lesseps and the Engineer Crozes say
that the Company has acted in good faith. As the question is
not one with the Company, I have seen the Minister of Colombia,
who has already stated to me on three different occasions that
his Government respects the status quo; that the Company has
been able to measure the lands referred to, because Colombia
thinks that she possesses in good faith, and that the Colombian
engineers Arango and Bravo, as soon a Costarican authority
notified them that that place (the mouth of the Yurquin) was
a territory of Costa Rica yielded and did not go further; that
furthermore the approval of the Government of Colombia was
necessary in the case and, lastly, that it was necessary to abide by
the decision that may be made by the arbitrator.

.Monsieur Crozes stated, in the presence of the Minister of
Colombia and of the undersigned, that the area marked out with
red pencil in the map of Talamanca, which is included and
which I have traced according to the information contained in
your note of September 7, is exact.

The Costarican officer of the guard above mentioned stated
to Senores Bravo and Arango that he was the Alcalde of a small
village of six houses located near the outlet of the Sixaola on
the right bank of this river in the part claimed and occupied by
Colombia. The inhabitants call themselves Colombians, but the
authorities of Colombia are located so far away from there,
that they give obedience to the Costarican officer referred to.

I exhibited the map of Central America by James Wyld, geog-
rapher to the Queen, Charing Cross, etc., to make apparent to
Monsieur Crozes and to the Minister of Colombia which is the
territory in dispute and which marks out the claim of Costa
Rica.

425

I did not deem it necessary to enter into discussion of the
matter, but it is evident, as you have been pleased to state, that
the Government will make to the Government of Colombia the
observations that it may deem proper.

Monsieur Crozes went to see Senor Aycardi, Governor of
Panama, and gave him an account of the encounter he had at
the junction of the Yurquin with the Costarican guard. At first
the Governor did not pay any attention, but afterwards he sent a
messenger on board the French steamer upon which Monsieur
Crozes came and asked him to delay his voyage, as he wanted
to secure information in regard to this encounter. Monsieur
Crozes, however, could not wait; but from La Guayra he wrote
at length to the Governor in regard to the occurence. More-
over, Senores Arango and Bravo could furnish him the most min-
ute details and doubtless this was done by them, so that the Co-
lombian authority must have been well informed about the affair
to which this dispatch refers.

I have communicated to the Minister of Colombia the telegram
that I had the honor to send to you on October 3rd and which
read as follows:

"Minister Zeledon, San Jose, Costa Rica: Colombian
Minister assures his Government respects status quo.
Canal Company has measured 280,000 hectares in Tala-
manca, but approval Bogota is lacking. Your informa-
tion exact. Pkralta.''

General Posada has repeated to me the same assurance and
believes that any question like the present one will be amicably
settled between the two Governments.

I have the honor to reiterate to you the expression of my highest
consideration.

Manuel M. PeraIvTa.

426

Boc. 376 Senor Peralta to the Excmo. Senor the Marquis de la
Vega de Armijo, Minister of State.

Legation of Costa Rica,
Madrid, October 23, 1888.

Excmo. Senor:

I have the honor to bring to the knowledge of Your Excel-
lency that some doubts have arisen concerning the time within
which the Government of H. C. M. should take up and decide
the question of boundaries between the Republics of Costa Rica
and Colombia, submitted to its arbitration under the Treaty of
San Jose of December 25, 1880, and the Additional Convention
of Paris of January 20, 1886.

This latter instrument provides that the award must be deliv-
ered twenty months after the acceptance by the Government of
H. M., and the latter, through the worthy predecessor of Y. E.,
was pleased, under date of June 12, 1887, to notify the repre-
sentative of Colombia and the undersigned that it accepted with
pleasure the duty of rendering an arbitral award which was of-
fered to it, but deeming it very desirable that the investigation
of the question submitted to its arbitration be allotted to the
Commission, which was at that time also occupied with the ques-
tion of boundaries between Colombia and Venezuela, the study
of the matter now under consideration would begin as soon as
the said Commission finished its work.

In my view, from its text as well as its spirit, the despatch of
that Ministry of State, beside being an actual and definite ac-
ceptance, contained a conditional and tentative acceptance, a
formal promise to accept for such time as the Commission in the
arbitration between Colombia and Venezuela should have con-
cluded its work, and that only when it was officially known that
said Commission had finished its tasks should the term of twenty
months begin to be counted as running, within which the Gov-
ernment of H. C. M. was pleased to accept, in a definitive way,
the duty of investigating and deciding by the rendition of an
arbitral award the question of boundaries between Costa Rica
and Colombia.

427

This was the understanding of the worthy predecessor of Y. E.
and I so communicated it to my Government; also I so stated it
to Seiior General Cuervo, the last .Minister of Colombia at this
court, when in April and June of the present year he expressed
to me his fears in this respect; and to the end that the doubts
which the Government of Costa Rica as well as that of Colombia
may feel shall be dissipated, I beg Y. E. may be pleased to ex-
plain the meaning of the acceptance of your Government, so that
it may be known in a definite manner when the term of twenty
months will begin to run which was fixed by the Additional Con-
vention of Paris, of January 20, 1886.

I have the honor to be, etc.

Manuej[. M. de: Peralta.

The Excmo. Sefior Marquis de la Vega de Armijo to
Sefior Peralta. When the Acceptance of the Arbitra-
tion Will Begin to Run.

Ministry of State. No. 9.

Palace, October 30, 1888.

ExcMO. Senor:

My Dear Sir: I have taken note of the communication which
Your Excellency was pleased to address to me under date of the
23rd instant, in which, referring to that of my worthy predeces-
sor of the 12th of June of the year last past, you communicated
your desire that the meaning be explained of the acceptance by
H. M. of the post of Arbitrator in the question of boundaries
pending between the Republics of Costa Rica and Colombia.

Your Excellency has interpreted correctly the view taken in
this particular by the Government of H. M., since the work re-
lating to the question of a similar character existing between
Venezuela and. Colombia, of which Y. E. is advised, not yet hav-
ing been definitively ended, until the award is delivered therein
and the appointment of a new Commission is undertaken, the ac-
ceptance will not begin to run of the arbitration with which the
Government of H. M. has been honored by that of Colombia
and that which Y. E. so worthily represents.

Doc. 378

428

I trust that this explanation will dissipate the doubt which
Your Excellency had and I take advantage of this opportunity
to reiterate the assurances of my most distinguished consideration.
El Marques de la Vega de Armijo.

To the Senor Minister Plenipotentiary of Costa Rica.

Mr. Bayard to Mr. Phelps.

Department of Stater.
Washington, November 23, 1888.^

Sir: On the fifteenth ultimo Dr. Horacio Guzman, the min-
ister of Nicaragua at this capital, in pursuance of instructions
received from his Government, left at this Department a copy
of a note addressed by Mr. J. P. H. Gastrell, the British minister
in Central America, to the minister of foreign affairs of the Re-
public of Nicaragua, a copy of which I inclose herewith.

In this note Mr. Gastress complains that the Government of
Nicaragua "has established a post-office at Bluefields, that in-
tervening in the domestic affairs of the reservation ;" that, ''troops
and a police force have been stationed, and forts, arsenals, and
military posts have been established, or are about to be estab-
lished, by Nicaragua" within the Mosquito Reservation., and that
the Nicaraguan commissioner residing in the reservation sus-
tains these acts. He states that, in the opinion of Her Majesty's
Government, the erection of forts, arsenals, or military posts, the
establishment of postoffices by Nicaragua, or the exercise of mili-
tary or police authority within the territory of the reservation
can not be reconciled with the spirit of the treaty of Managua of
1860, as interpreted by the award of the Emperor of Austria.
And he refers to certain questions touching the precise boundary
of the reservation, as to which some dispute exists.

Touching the inquiry in regard to the demarkation of . the
boundaries of the reservation, I have no observations to offer.
The matter is one in which the Government of the United States
feels at least an equal interest with that of Great Brijain, inas-

' Foreign Relations of the United States, 1888. Page 759.

429

much as a number of our citizens are now engaged in business
within the reservation and by far the larger part of the foreign
commerce of that region is at present carried on between the
ports of Bluefields and New Orleans.

But with respect to the other subjects mentioned by Mr. Gas-
trell the case is different. T^he subjects involved are, as you
know, of deep interest to the people of the United States, and
have heretofore been the subject of prolonged and voluminous
correspondence between this Government and that of Great
Britain. It is not needful to recapitulate at this time the whole
of the earnest and protracted discussion in which the questions
relating to the Mosquito territory constitute an important part ;
but it will be conducive to a clear understanding of the Presi-
dent's view in regard to the particular points suggested by Mr.
Gastrell's note if a statement of these views be prefaced with a
brief historical review of the acts and declarations of the several
powers concerned.

The Mosquito coast was a name bestowed in the last century
upon a tract of country of considerable but imperfectly defined
extent, stretching along the shores of the Caribbean Sea to the
southward and westward of Cape Gracias a Dios{, and was in-
habited by a sparse population of wholly uncivilized Indians,
between whom and the inhabitants of British colony of Ja-
maica some relations are said to have early existed. The mean-
ing and character of these relations have been the subject of
elaborate and careful consideration in correspondence between
my predecessors and the ministers of the United States in Eng-
land and Central America, especially in a despatch from Mr.
Abbott Lawrence to Mr. Clayton, of April 19, 1850, and in
numerous other documents long since given to the world by the
Governments both of the United States and of Great Britain.
It is enough for my present purpose to point out that this Gov-
ernment has at all times maintained that the title to the whole
of the Mosquito coast was, in the last century, vested in the
Crown of Spain; that the native inhabitants were never more
than a mere savage tribe, having at best only possessory rights
in the region they occupied; that the sovereignty of Spain was
distinctly recognized by Great Britain in the treaties concluded
with the Spanish Government in 1783 and 1786; and that the

430

rights of Spain became vested in her revolting colonies when the}
secured their independence.

These views were not accepted by the British Government,
which insisted upon regarding the Mosquito Indians as an inde-
pendent nation, entitled to full recognition as such. The chief of
the tribe was described in the British correspondence as the Mos-
quito King, and Great Britain was designated as his protecting
ally. Acting upon this view of the case, two British frigates, on
January 1, 1848, took forcible possession of the town of San
Juan del Norte — subsequently known as Greytoimi — which had a
peculiar importance to the people of the United States as being
situated at the Atlantic mouth of the projected Nicaragua inter-
oceanic canal. For upward of twelve years the protectorate of
Great Britain thus established continued.

These pretensions on the part of Great Britain excited marked
interest and opposition in the United States, and, together with
other circumstances, became the cause of the negotiation of the
Clayton-Bulwer Treaty of April 19, 1850. By the terms of that
instrument, as you will remember, the Governments of the United
States and Great Britain agree that they will never "occupy, or
fortify, or colonize, or assume, or exercise any dominion over
Nicaragua, Costa Rica, the Mosquito coast, or any part of Cen-
tral America; nor will either make use of any protection which
either acords or may afford, or any alliance which either has or
may have to with any state or people, for the purpose of * * *
occupy in'g, fortifying, or colonizing Nicaragua, Costa Rica\, the
Mosquito coast, or any part of Central America, or of assuming
or exercising dominion over the same."

Into the irritating controversies to which this treaty gave rise
I do not desire to re-enter, but it is enough to point out that the
continuance of the protectorate of Great Britain over the Mos-
quito Territory was regarded throughout by the United States
as being in conflict with the provisions of that agreement.

The arrangements to be entered into upon the cessation of
this Mosquito protectorate were, however, the cause of consid-
erable embarrassment to the British Government, as was frankly
pointed out in two instructions addressed by Lord John Russell
to Mr. Crampton, under date of January 19, 1853, from which I
quote the following passages:

431

"It is evident that since Great Britain first assumed tiie pro-
tection and defense of the Mosquito Indians the position of all
parties has changed.

First. Spain, instead of exercising absolute sovereignty over
Central America and prohibiting all commerce on the coasts un-
der her sway, has entirely lost her dominion over the continent
from Cape Horn to Florida.

Second. The Mosquito Indians, instead of governing their
own tribe according to their customs, furnish a name and a title
to Europeans and Americans, who carry on trade at Greytozvn
and along the coast of Mosquito according to the usages of civi-
lized nations.

Third. Great Britain, instead of having an interest in the
defense of the Mosquito Indians for the sake of rescuing part of
the territory of Central America from Spanish control, and ob-
taining an outlet for her commerce, has no other interest in
Mosquito than that which is derived from an honorable regard
for her old connection with the Indian nation of Mosquito.

Her Majesty's Government has for several years endeavored
to suit its engagements to the altered circumstances of the case.

The committee of government of Greytozvn are, in fact, the
real power which exercises authority in that part of Central
America. To Her Majesty's Government it would be a matter
of indifference whether that authority was exercised in the name
of the King of Mosquito or in the name of Greytozmi itself; but
it is desirable that what is apparent should be made to conform,
as far as possible to what is real. What is apparent is, that the
King of Mosquito exercises sovereignty over Greytozvn; what is
real is, that he has no authority whatever, but that a committee
of Europeans and Americans carry on the government at that
port.

It is the object of Her Majesty's Government to make Mos-
quito a reality instead of a fiction, which it has hitherto been;
and provided we save our honor and credit in our treatment of
the King of that country, whose title and power are, in truth,
little more than nominal, it is a matter of comparative indifference
to us how this object is carried out, whether by constituting
Greytozvn as the head and pivot of the new territorial establish-
ment which we desire to see formed, or by any other liberal and

432

practical arrangement which may be thought preferable, on dis-
cussing the matter with the United States.

Her Majesty's Government consider that so large and fertile
a country as the extensive region denominated the Mosquito
territory, a region extending from the RivKR Roman on the
north to the River San Juan de Nicaragua on the south, and
whose western boundary is also of vast, though undefined extent,
ought no longer to be allowed to lie waste, with thirty or forty
thousand wandering Indians forming its only native population,
and a few hundred foreigeners of various races located, for the
purposes of commerce, at different points along its extended line
of sea-coast.

Neither would it consist with our notions of expediency that
such states as Nicaragua, Honduras, or even Costa Rica, should
obtain possession of the Mosquito territory."
********

On January 28, 1860, a convention, sometimes known as the
Zeledon-Wyke treaty, was signed at Managua by the represen-
tatives of Great Britain and Nicaragua. By the terms of this
treaty Her Britannic Majesty, subject to the conditions and en-
gagements specified therein, agreed to recognize as belonging to
and under the sovereignty of the Republic of Nicaragua the
country theretofore occupied or claimed by the Mosquito Indians
within the frontier of that Republic. The British protectorate
was to cease three months after the exchange of ratifications, in
order to enable Her Majesty's Government to give the necessary
instructions for carrying out the stipulations of the treaty. A
district, now commonly known as the Mosquito Reservation, was
to be assigned to the Indians, within which they were to enjoy
certain rights of local autonomy. The Republic of Nicaragua
was to pay to the Indians $5,000 a year for ten years. The port
of Greytown, which was not included in the Mosquito Reserva^
tion, was to be constituted a free port. And certain grants of
land, if made bona fide, in the name and by the authority of the
Mosquito Indians, since January 1, 1848, lying outside the reser-
vation, were to be confirmed.

♦ ******♦*

I am, etc.,

T. F. Bayard.

*433

Report of the Minister of Foreign Relations of Colombia, Doc. 379
Addressed to the Constitutional Congress of 1888.

Published at Bogota; print of the Casa Editorial of J. J. Perez.

1888.

1. Additional Convention Concerning the Boundary Arbitration.

With Venezuela also, as was done in the case of Costa Rica, a
Convention was entered into for the purpose of avoiding the
difficulties which the lamented death of His Majesty the King
Don Alfonso XII might occasion as regards the boundary arbi-
tration between Colombia and the first named. The circum-
stances in the case were identical and the solution likewise; for
even if the original treaty, by virtue of which the demarcation
of boundaries was submitted to the arbitration of H. M. the
King of Spain, could be interpreted favorably to the continua-
tion of the jurisdiction in the successors of Don Alfonso XII,
nevertheless the method was adopted of making an addition to
that agreement by a new one in which such jurisdiction was ex-
plicitly conferred. For this purpose there was signed in Paris,
on February 15, 1886, by Senores Doctor Don Carlos Holguin
and General Guzman Blanco, the respective plenipotentiaries of
Colombia and Venezuela, the following protocol, approved by
Law 9 of that year :

"The undersigned, to wit: Doctor Carlos Holguin, En-
voy Extraordinary and Minister Plenipotentiary of the
United States of Colombia in Spain and Great Britain,
and General Guzman Blanco, Envoy Extraordinary and
Minister Plenipotentiary of Venezuela in Spain and Great
Britain, etc., having met in Paris for the purpose of dis-
cussing the question as to whether the lamented death of
His Majesty Don Alfonso XII in any way affect the
jurisdiction which had been conferred upon the Govern-
ment of the King of Spain by their respective Govern-
ments under the Treaty of September 14, 1881, to decide
as the legal arbitrator the litigation pending as to terri-
torial boundaries between the two Republics, they had
the compact before them, and they were of opinion that

434

Art. I thereof was sufficiently clear in order to declare that
both the spirit as well as the letter of that stipulation con-
ferred upon the present Government of Spain the same
jurisdiction that was held in virtue thereof by the Gov-
ernments existing under His Majesty Don Alonso XII,
after the date of the exchange of its ratifications, for the
purpose of continuing to act in said matter as to boun-
daries until an Award be given, which both parties had
agreed to respect and to fulfill.

"Therefore, it appearing that in said Article the two
parties designated as Arbitrator, not His Majesty Don
Alfonso XII, but the Government of Spain, without ex-
pressing who it might be at the time, as if to imply what-
ever Government there might be in Spain, whether pre-
sided over by Don Alfonso XII or by some one of his
successors, was to have sufficient jurisdiction to act in and
to decide the disputes submitted to its jurisdiction ; and the
fact was also referred to that the selection of the Spanish
Government as the judge in this case was due especially
to the circumstance of Spain having been the mistress of
the territories as to which the two Republics were con-
tending, and there existed in the archives of the former
the documents from which the titles asserted by both of
the latter emanated; beside these being in the Peninsula
many men learned in these American questions.

"In view of the foregoing they make the present decla-
ration, which they will address to the present Government
of Her Majesty, Dona Cristina, the Queen Regent, de-
claring that, although in the opinion of the undersigned
the point is clear, yet they will submit this protocol for
the ratification of their respective Governments, for the
purpose of avoiding any doubts or disagreements in future
as regards the right here recognized.

"It was also agreed by the undersigned that the Arbi-
trator, in whose charge the matter is placed with this
declaration, may fix the line in the way that may be deemed
the nearest approximation to the existing documents, if as

435

regards any point it does not appear with all the clearness
desired.

"In testimony whereof they sign this document in Paris,
on the fifteenth of February, 1886."

Carix)S Holguin.
Guzman BLANfco.

COSTA RICA.

1. Additional Convention to That of San Jose, Concerning
Arbitration as to Boundaries.

The deplorable death of H. M., Don Alfonso XII, King of
Spain, the Arbitrator designated by Colombia and Costa Rica
to fix the divisional boundary between the two Republics, was
the occasion 'for raising doubts as to the extent of the jurisdic-
tion conferred upon the Arbitrator by the Convention signed in
San Jose on December 25, 1880. Although from this compact,
considered in conformity with the interpretation of treaties, it
may be inferred without violence that the delegation was not
personal to Don Alfonso XII, but to whomsoever might be ex-
ercising the Government of Spain, nevertheless, in order to as-
sure the validity of the decision and remove every reason for
litigation in the future, the interested parties were persuaded
of the necessity for an explanation of the original Convention,
adding thereto a new one, which was signed in Paris on Jan-
uary 20, 1886, by the plenipotentiaries of Colombia and Costa
Rica in Spain.

Such was the reason for the Convention approved by Law 9
of the same year, and formulated in the terms following:

2. Objection of the United States to the Arbitration Compact.

You know. Honorable Senators and Representatives, that upon
the occasion of the Agreement for an arbitration juris, to which
I have just referred, by which Colombia and Costa Rica entered
into a compact for the delimitation of their » frontiers, the Gov-
ernment of the United States raised objections to the acceptance

436

of the arbitration by the Government that was to deliver the
Award. The objections of the United States did not arise from
any idea opposed to the sovereignty of the contracting Republics,
nor did they argue any pretension of a protectorate exercised
by that nation over Colombia or Costa Rica. They were intended
purely and simply to prevent the decision, whatever might be its
terms, in changing the ownership of any portion of the disputed
territory, from being understood as annulling the prior rights
which a third party could show over such territory or over any
portion of it. As the Treaty of 1846 between New Granada
and the United States conceded to this latter nation certain rights
and prerogatives in relation to transit across the Isthmus of
Panama, the Government at Washington sought to make them
secure by requiring that Colombia as well as Costa Rica should
declare that such rights would remain intact notwithstanding
the • decision, which could hardly do more than to change the
ownership as regards the contracting parties, but that the terri-
tory which might be transferred by them should remain affected
by the rights which the United States might have in it.

Without prejudging the right alleged by the Government of
the American Union, and considering the case merely as an ab-
stract one, it is obvious that the arbitration, under the circum-
stances which led up to it, could have no other purpose than
that of varying the dominion, possession and property right of
the territory as regards Colombia and Costa Rica; but that it
could not in any way affect third parties who were not repre-
sented in the suit and who had not delegated any jurisdiction to
decide as to their rights.

It would therefore seem to be unnecessary and superfluous
to make any declaration in such a case. Nevertheless, as a
token of good-will and courtesy toward the Government and the
people of the United States, the Governments of Colombia and
Costa Rica agreed in formally declaring, through their represen-
tatives in Washington, that the arbitration could not have any
effect over any rights which the United States might have, by
virtue of prior titles, in any portion of the territory the domin-
ion or ownership of which might be changed by the arbitration.
The declaration in this form did not recognise the existence of

437

such rights, but merely excepted them in case they were proved
to exist.

Among the documents annexed to this report will be found the
correspondence relating to the objections referred to and con-
cerning the arrangement that caused them to disappear.

The objection that had been raised up to the acceptance of
the boundary arbitration between Colombia and the Republic by
which it was bounded upon its northerly side having been re-
moved, it was then for the Arbitrator to consider the delegation
of authority made to him by the Governments interested. It
not having been accepted by His Majesty the King of the Bel-
gians, His Majesty the King of Spain was requested to con-
sider it, and upon this occasion, as upon others, he deigned to
give to the Government of the Republic, as well as to that of
Costa Rica, an example of the kindness by which he has been
animated toward the South American peoples, who formerly
composed with Spain a single nationality. Under date of Oc-
tober, 1887, His Excellency, the Minister of State of His Cath-
olic Majesty communicated to our representative in Spain the
acceptance of the post of Arbitrator, in the name of his Gov-
ernment.

Let haste be made, therefore, in following up this business,
which has for some time been at a standstill by reason of the
objections referred to above. The Ale gat o as to boundaries that
we are to submit to the legal Arbitrator in defense of our rights
over the territory for which we are contending with Costa Rica,
is not yet finished. Entrusted to different attorneys succes-
sively, the recent troubles have in no small degree been influen-
tial in keeping, that document still in a state of preparation. The
Senor General Don Antonio B. Cuervo, until recently the Min-
ister of the Republic in England and in Spain, undertook and
until the last moment, with the zeal and intelligence by which he
is distinguished, prosecuted the search for documents and the
preparation of the Replica to the investigations which Costa Rica
had been publishing in regard to this affair. It is to be expected
that upon the return of General Cuervo to Bogota he will con-
tinue his task and will bring it to an early termination.

438

COSTA RICA.

Correspondence Concerning Objections of the United States of
America to the Boundary Arbitration.

Department of State,
Washington, November 14, 1885.
Senor Don Ricardo Becerra, &c., &c., &c.

Sir : I have the honor to address you in relation to the pending
arbitration for the settlement of the dispute between Colombia
and Costa Rica touching the boundary line between these coun-
tries.

By a treaty signed in 1880, the Governments of those coun-
tries agreed to submit the question of boundaries to arbitratioh,
and named as arbitrators, in the first place, His Majesty the
King of the Belgians ; next, in case he should decline to act, His
Majesty the King of Spain; and lastly, in the event of both
these declining, His Excellency the President of the Argentine
Republic.

As you are aware, the Government of the United States, in
1881, addressed the Governments of Belgium, Spain, and the
Argentine Republic, inviting attention to the tendered arbitration
and suggesting that as the ownership of territory in dispute
might involve question as to the guarantee, by the United States,
under the Treaty with Nezv Granada of 1846, of the integrity
of the New Grenadian (now Colombian) sovereignty over the
territory of the Isthmus, for the purpose of transit, the Govern-
ment of the United States, where either its rights or interests are
concerned, would not hold itself bound by any arbitration, where
it had not been consulted on the subject or method, of the arbi-
tration and had had no voice in the selection of the arbitrator.
This declaration was, however, accompanied by a disclaimer of
any purpose on the part of this Government to interfere to pre-
vent the accomplishment of such arbitration, or to undertake to
express any opinion as to the acceptance, by either of the Arbi-
trators named, of the invitation tendered.

His Majesty the King of the Belgians declined to act as Ar-
bitrator. The invitation to so act was thereupon extended, by
the Governments of Colombia and Costa Rica, to His Majesty
the King of Spain.

439

It is understood that, in the light of the announcement put
forth by the United States in 1881, His Majesty is reluctant to
act in the premises ; but in the absence of a formal declination
on his part, the invitation appears to be still open.

Overtures, in an informal and confidential manner, have been
recently made at Madrid, by the Ministers of Colombia and
Costa Rica, to the Representatives of this Government there,
looking to the discovery of some basis whereby the arbitration
may be accepted by His Majesty the King of Spain; and in
quiries made through the like channel by the Spanish Minister
for Foreign Affairs tend in the same direction.

It was intimated, on the one hand, by the Minister of Costa
Rica in Madrid, that he would be willing to negotiate ad refer-
endum a formal treaty with Mr. Foster, as the Plenipotentiary
of the United States, whereby Costa Rica would concede to the
United States the same guarantees as those in the treaty oi 1846
between the United States and New Granada^ in respect of any
new territory not heretofore possessed by Costa Rica, which
might pass to it in virtue of the proposed arbitration; and he
further proposed to define in such treaty the limits of the terri-
tory in dispute as extending no further eastward than the line
from the Coto River on the Pacific to Bl Bscudo de Veragua on
the Caribbean Sea.

On the other hand, the Minister of Colombia intimated to Mr.
Foster that his Government could not regard as coming under
the guarantees of territorial integrity and sovereignty found in
the treaty of 1846, any territory which the arbitration might de-
cide not to belong to Colombia.

Intimation has likewise been made directly here in Washington,
tending to show the desire of Colombia and Costa Rica that the
Boundary contention between them should be ended in a manner
alike honorable and satisfactory to both of them, and without
affecting any just sensibility or impairing any right of the United
States in the premises.

I do not understand that these overtures regard the attitude
of the United States as one of objection to any arbitration to
which they are not an advisory and consenting party; and that it
is the desire or expectation of either Colombia or Costa Rica
that such supposed objection should be withdrawn and the con-

440

templated arbitration permitted to proceed. I assume that the
purpose in view is to obtain such modification of the declaration
made by my predecessor in 1881 as may remove any embarrass-
ment under which His Majesty the King of Spain may rest, and
permit him in the exercise of his own high and free discretion,
to accept, if he will, the arbitration tendered to him.

Two closely allied points present themselves for consideration
in this connection, namely, — the extent of the disputed territory
subjected to arbitration ; and the interests or rights of the United
States or its citizens in respect of such disputed territory.

The admission of Costa Rica that the easterly limit of her
claim extends only to the Goto river and Bl Bscudo de Veragua,
appears in my judgment, to remove apprehension that the arbi-
tration may reach or affect the Colombian territory employed for
actual or prospective transit across the Isthmus from ocean to
ocean. I understand the guaranty of the treaty of 1846 with
New Granada to concern **the rights of sovereignty and prop-
"erty which Nezv Granada has and possess over" the Isthmus
and that the guarantee is given "with the view that the free tran-
"sit from the one to the other sea may not be interrupted or em-
"barrassed in any future time while this treaty exists;" and
further that this guarantee is given in order to secure to them-
"selves (the United States) the tranquil and constant enjoyment"
of the advantages stipulated by the treaty in favor of the citizens
and commerce of the United States in respect of the Isthmian
tfansil. It is true that the territory within which the treaty
guarantee may apply is defined as comprehending "the part of the
Granadian "territory generally denominated ^ Isthmus of Pan-
ama, from its southermost "extremity until the boundary of Costa
Rica." But it may be said that, at the time the treaty was con-
cluded, the surface of the Isthmus was seamed with projected
routes of interoceanic transit, from the Atrato River on the east
to the Chiriqui lagoon on the west, and that, no route being speci-
fied in the treaty, its obligations and rights were made broad
enough to comprise any or all practical lines of transit. Were the
Chiriqui route actually or prospectively occupied for a practi-
cable transit, the direct and positive application thereto of the
treaty guarantee- of the United States could not be questioned,
and the immediate interest of the United States in any issue of

441

territorial sovereignty which might, by arbitration or otherwise,
annul the treaty rights and obligations by changing the ownership
of the route, would be evident, — and no derogation of these
rights and obligations in virtue of a later arrangement between
Colombia and a third Power could be acquiesced in.

The Chiriqui route, is however, not at present a practical factor
in the problem. It was soon abandoned in favor of the transit
actually opened by railway between Colon and Panama; and
along the same line a ship-canal is in process of construction.

Admitting the logic of events, whereby the rights and duty .
of the United States toward Colombia in respect of the transit
have become restricted, since 1848, to a single portion of the
Isthmus. I would be prepared to amend my predecessor's state-
ment of 1881, so far as it relates to the guarantee of Colombian
sovereignty on the Isthmus up to the frontier of Costa Rica, pro-
vided the Governments of Colombia and Costa Rica unite in or
concurrently make an explicit declaration to this Government
that the rights of the United States in the matter of the Isthmian
transit are not to be affected in any way by the submission to
arbitration which those Governments have agreed upon.

So much for the easterly limit of the territory in dispute. The
westerly limit presents no less important questions.

It appears that the claims of Colombia extend along the shore
of the Caribbean Sea to Cape Graciass a Dios, and comprise a
coast-wise belt which would exclude Costa Rica from an Atlantic
frontage, and embrace the Mosquito Coast of Nicaragua.

No treaty between Colombia and Nicaragua is known to exist,
whereby the question of territorial limits between them might be
submitted to arbitration ; and no question as between those coun-
tries is to be propounded for the consideration of the arbitrator
who may be called upon to adjudicate the boundary question.
The function and power of the arbitrator is to be distinctly limited
to the single fact submitted, i. e., the ascertainment and declara-
tion of the true boundary line between the two States, and his
award is to embrace no other fact nor affect the rights of any
third party.

The Government of the United States has with Nicaragua
treaty engagements covering the use of any interoceanic transit
through Nicaraguan territory.

442

Moreover, at various points of the territories claimed by Colom-
bia, rights have accrued to citizens of the United States, by-
grant or otherwise, from the authority in possession.

The impairment of these pubHc or private interests by any
result of the proposed arbitration could not be recognized by us.

In short, as to these as with respect to whatever effective guar-
antees under the Colombian treaty of 1846 may exist in the dis-
puted territory, the Government of the United States must hold
and expect that the status quo shall be unchanged by the contem-
plated proceeding.

This Government desires to facilitate the resort to arbitration
in peaceful settlement of questions between States whose in-
tercourse for their own sake and in the interest of tranquility on
the American continent, should be of the friendliest character.
It has on many occasions advocated and resorted to arbitration
in settlement of international differences although never in dero-
gation or ignorance of the rights of third parties. It is pleased
to see among its neighbors a growing tendency to this resort;
and in the present instance it would be especially gratified to have
the arbitral function bestowed upon a Power which, in its tra-
ditional relations to both the parties as their original mother-
country, and in its custody of the historical archives necessary
to the examination of the question, has every inducement to reach
an impartial decision commanding universal respect and become
an accepted finality.

The considerations herein set forth are, however, sufficient
to show the necessity of a frank and honorable understanding
between the parties to the proposed submission and the Govern-
ment of the United States whose interests may be affected thereby,
to the end that any hesitation of His Majesty the King of Spain
to accept the proffered trust, may be removed.

The conditions of such an understanding are these :

First: — that the Governments of Colombia and Costa Rica
make concurrent declaration to the Government of the United
States, and to the Arbitrator, defining the territory in dispute and
expressly limiting the functions of the Arbitrator to the single
issue of the boundary, and affecting no other rights than those
of the parties to the submission.

This declaration should so define the eastermost limit of the

443

contention as to make it clear that no question of Isthmian transit
under the Colombian treaty of 1846 can arise.

Secondly :— that this declaration embrace an announcement by
the parties that whatever rights the United States or other citizens
may possess on either side of the boundary which may be estab-
lished shall not be affected by the award, but shall pass with the
soil and be respected by the new owner as though originating
under his grant.

Such a comprehensive declaration seems to me in every way
preferable to the proposal made by the Costa Rican envoy at
Madrid for a treaty to determine these questions as between the
United States and Costa Rica.

As I have shown, the claims of Colombia involve American
rights in the premises, which would likewise require to be made
the occasion of treaty stipulations between the United States and
Colombia. Such a complex treaty adjustment of the matter
would amount to a tripartite agreement of submission by in-
cluding the United States therein, — a situation which this Gov-
ernment deems undesirable, because foreign to its policy which
leads it to avoid participation in the domestic concerns of its
neighbors. The rights of the United States in the matter are
complete in themselves, and while we are entitled to demand
respect for them, we are not called upon to share in their sub-
mission to the arbitrament of a third Power.

Upon the receipt of such a declaration as I have herein sug-
gested, the Government of the United States will have pleasure in
informing His Majesty the King of Spain, or any other Arbitra-
tor accepted by Colombia and Costa Rica of the fact, announc-
ing that in view thereof, we withdraw the notification, made in
1881, that this Government would not hold itself bound by the
arbitration.

A communication similar to this has been addressed by me
this day to the Costa Rican Charge d'Affaires in this Capital.

Accept, Sir, &c.,

T. F. Bayard. ,

444

Doc. 380 Report by the Minister of Foreign Relations of Colombia
to the Constitutional Congress of 1889.

Published at Bogota: print of La Nacion, 1890.

*♦ * ♦ * ♦ ♦ ♦

Chapter IV.

Costa Rica and Boundaries Between the Two Republics.

During the time that has elapsed since the meeting of the Con-
gress in 1888, our relations with Costa Rica have been limited,
aside from matters of international courtesy, to the careful observ-
ance of the statu quo agreed upon between the two Republics as
regards the jurisdiction over the litigated territory which exists
between them. In passing, it is to be noted that this obligation
in the present case is not founded alone upon the recognition and
explicit promises of the two interested parties, but it follows from
the Arbitration Treaty that they made. After the determmation
of a right has once been submitted to the decision of a judge,
no acts of dominion, subsequent to the delegation of jurisdiction
made to the Arbitrator, can have any prescriptive value, and
hence the necessity that no change be made in the dominion of
the thing disputed. Fortunately, as will be seen by the docu-
ments that are appended to this report, Costa Rica has explicitly
recognised its duties in this behalf.

In 1888 the Government of San Jose called the attention ot
our Government to the fact that some engineers in the service
of the Interoceanic Canal Company had been making land surveys
in the territory of Talamanca. The Costarican Government stated
that such measurements having been made over vacant lands em-
braced within the zone litigated, it was proper that the adjudica-
tion for which purpose they had been undertaken be not carried
out. The Government of this Republic responded frankly and
fairly that transfers of useful dominion, in case they were carried
out, could not lessen the true title of eminent domain which one
of the States might have over said lands, and that the decision
of the Arbitral Judge would be the one that would finally fix

445

the character of such title and would adjudicate the right be-
longing thereto ; that therefore the Government of Costa Rica
ought to rely upon the good faith of Colombia and that these
operations would not be set up as arguments in favor of the rights
of our Fatherland, which rest upon better and more ancient titles.

At the proper place, and in the same note, containing the fore-
going explanations, our Government stated to that of Costa Rica
its surprise and protests against the act, attributed to the last
named Republic, of advancing its jurisdiction upon the Sixaola
at a time prior to the work being done by the canal engineers.
This Ministry presented a similar complaint also during the year
last past, based upon a report by the Political Judge of Bocas del
Toro to the Prefect of Colon, according to which a special com-
missioner of the Government of Costa Rica had been allowed to
exercise jurisdictional acts in Colombian jurisdiction, taking an
inventory of the property of the estate of Temistocles Pefiaranda.
This complaint, repeated on the 3rd of last March, brought an
explanation from the Government of San Jose, in which the
assurance was given that said Government had not authorized
such acts and that it would punish any individual who undertook
to disturb, in the name of Costa Rica, the statu quo obligatory
upon the two countries. Said Government also stated that in
respect to the Penaranda estate it had done nothing more than
to claim the ownership of some cattle which Penaranda had con-
veyed to it by virtue of a sale.

Recently, through some publications made upon the Isthmus
of Panama and in other places, the Government has had brought
to its notice the fact that Seiior Rosenberger has made surveys
in the territory of Bocas del Toro and soundings in Colombian
waters without the permission of the authorities, as to which the
attention of our neighbor upon the North has been called.

From what has been stated it may be inferred that both Gov-
ernments are interested in maintaining the jurisdictional situation
which existed at the time of the submission of their contest to the
arbitral decision of the Government of Spain. It may also be
deduced, taking into account the declarations of Costa Rica, that
the Government of that Republic, following out its traditional
fairness, has not sought to trespass upon the rights of Colombia,

446

and that any acts of private individuals that might be presented
of a different character were not directed by the Costarican Gov-
ernment. Nevertheless, as it is very difficult, in regions unin-
habited and remote from the capital to which they are subordi-
nate, to prevent individual initiative from lessening by degrees the
right which the respective nation posseses, our Government has
been persuaded of the need of providing an effective safeguard
for its sovereignty. For that purpose it has issued orders and
instructions to the subordinate authorities, so that it all places
subject to the authority of Colombia they decisively and promptly
forbid any interference by private individuals who may under-
take to exercise dominion, with or without the authorization of
foreign officials, within territory subject to the jurisdiction of
Colombia.

If there should be much delay in the final arbitral decision as to
boundaries between Colombia and Costa Rica, serious thought
should be given to the adoption of some practical method for
avoiding mutual and useless quarrels and real even though per-
haps involuntary infringements. Such a method, for example,
might be to have both parties agree upon tracing a provisional
boundary, but one perfectly well settled, which should serve to
settle for the present the statu quo as to dominion, which over
lands almost deserted must very often be quite uncertain. It is
clear that such a temporary limit could not at any time be used
for the purpose of determining the true limit the Arbitrator ought
to fix "and which the parties interested must endeavor to maintain
by reasons and arguments derived from other sources. Such
a provisional limit would only serve to determine in what part of
the litigated zone the two States could exercise certain jurisdic-
tional acts, demanded by the necessities of the inhabitants, until
the principal suit was decided, and with the purpose of avoid-
ing troubles, reciprocal and repeated claims. An expedient of
that sort would be analogous to the one that Colombia proposed
to Ecuador in order to avoid the personal conflicts occasioned by
the gathering of rubber in the mountain regions of the Pun.
The tracing of the temporary boundary could be undertaken with
investigations made by competent experts, who should fix, as far
as possible, how far the jurisdiction of each Republic extended
in 1880, and in those cases where such determination was im-

447

practicable other arrangements could be made and amicable com-
promises.

Respecting our frontier upon Costa Rica, it is to be noted that
the rights of Colombia have an indirect relation to the Republic
of Nicaragua, on account of the northern limit for the lands of
Colombia having been fixed upon the Atlantic side at Cape
Gracias a Dios, in conformity to the Convention of 1886, addi-
tional to that of 1880. The Republic defends those rights also
before the Arbitral Judge, and so far as regards their prescrip-
tion, has renewed the protests which some years ago it presented
to the Government of Nicaragua and which are sufficient to main-
tain those rights intact.

Costa Rica has continued, on its part, the issue of the Alegatos
and documents upon which it bases its claims, and so far as its
commissioner has published them the Government of Colombia
has been able to make citations therefrom and prepare the answer
on the behalf of this Republic and in opposition to the arguments
of the opposing party. When the time comes to present our
defense, this circumstance will afford a direct proof of our rights
and at the same time confute those alleged by Costa Rica.

The eminent boundary Arbitrator has declared on his part that
he will not begin the proceedings relating to this matter until the
decision of the one pending with Venezuela, also submitted to
the wise and respected judgment of His Catholic Majesty. The
kindness with which Spain has accepted the burdensome and
ardous task of the investigation of questions so complex, and of
deciding suits for many years the subject and the occasion of
disputes with our neighbors, and the spontaneity with which it
has assumed this difficult trust in order to serve the peoples who
were its children, can yet not correspond to the patriotic im-
patience we feel, seeking for a quicker decision than that per-
mitted by the thorough investigation of each question. It is
undoubted that the Government of His Majesty, impressed with
the idea of strengthening its friendly relations with peoples who
form a single natural ethnological whole, will take a special
delight in seeing that the decisions it may deliver in due course
shall be such as justice requires and as are indicated for the con-
venience and tranquility of the nations interested.

448
Costa Rica.

1. Boundaries between Colotnbia and Costa Rica.

Secretaryship of Foreign Relations of the Republic of Costa Rica.

San Jose, November 16, 1888.

Senor Minister:

I have received instructions from the Vice President in charge
of the Presidency of the Republic, to address myself to Your
Excellency with the purpose of calling the attention of the Honor-
able Colombian Government to the recent acts undertaken by
the engineers of the Panama Canal Company in the territory of
vi^hich Costa Rica and Colombia, have been disputing the sover-
eignty for more than half a century.

My Government was duly informed that a considerable corps
of engineers in the service of the Panama Canal Company had,
during the month of May last, entered the territory of TalOr-
fnanca. This Government refrained from making any repre-
sentation to that of Your Excellency upon that account, because
it was thought that the Company, in directing the expedition
mentioned, had in view merely a cursory investigation of the
topographical conditions in those regions.

By more recent news it has been brought to the knowledge of
my Government that those engineers have made detailed and
formal surveys over a considerable extent of the disputed terri-
tory. Indeed, they entered by the mouth of the River Sixaola
and ascending to the junction with the Yurquin they proceeded
with the survey upon the right bank of the said Yurquin, going
up stream, as far as it was navigable; from thence they went
to the River Tilorio, near the point known as Brushirk; and
from this point they proceeded in a straight line to the peak of
Robalo, and thence along the course of the River Robalo to its
mouth in the Lagoon of Chiriqui, embracing in this survey an
area of 170,000 hectares.

These same engineers have also finished the measurement of
another large extent of land, near the Lagoon of Chiriqui, em-
bracing in such survey an area of 110,000 hectares.

449

These acts would have little importance if it were not the
purpose of the Company to take other steps leading toward an
appropriation of those lands, before the judgment be known
which at no very distant day must be delivered by the Govern
ment of Spain in the capacity of Arbitrator, named by Costa Rica
and Colombia to mark out the border line between the territories
of the two Republics. But my Government is informed through
an official channel that the Canal Company intends, at once, to
petition the Government of Your Excellency that it be adjudi-
cated the ownership of the 280,000 hectares of lands above in-
dicated.

This Government believes that the Government of Colombia,
animated by those elevated sentiments of justice of which it has
so many times given evidence, will deny the petition of the Com-
pany, since it is evident, in the opinion of my Government, that
neither Costa Rica nor Colombia can grant to third parties defi-
nite rights in those localities, inasmuch as such an act would
produce serious changes in the disputed territory, changes that
would be violations of the statu quo stipulated for in the Con-
vention of 1880, celebrated between the two Governments.

In this particular case, Costa Rica will not in any way recog-
nise, should the Award be favorable to it, the rights or conces-
sions which might have been' granted by Colombia to the Panama
Canal Company over the whole or any part of the territories in
litigation.

For these reasons, it is not doubted that the enlightened Gov-
ernment of Your Excellency, in the observance of the arbitration
agreement alluded to, will follow the same line of conduct it has
thus far pursued, abstaining from making concessions that might
later lead to difficulties between one or the other of these Re-
publics and the Companies or individuals favored.

I am, with the greatest consideration, Your Excellency's most
obedient servant.

Manuel J. Jimenez.

To the Most Ex. Senor Minister of Foreign Relations of the
Republic of Colombia, Bogota.

450
Republic of Colombia: Ministry of Foreign Relations.

Bogota, January 15, 1889.

Senor Minister:

I have received the courteous note which Your Excellency did
me the honor to address to me on the 16th of November last,
designed to call the attention of the Colombian Government to
the necessity of maintaining the statu quo agreed upon between
it and that of Costa Rica in the Convention for the arbitration
as to boundaries signed in 1880. The said note of Your Excel-
lency was induced by examinations made by some engineers in
the service of the Interoceanic Canal Company within the terri-
tory disputed by the two nations.

These investigations can in no way affect the agreement re-
ferred to, the results of which will be attained independently of
anything except effective titles of property as evidence of the true
ownership of said territory. Those transfers of economic or
individual dominion that may be made in that territory in favor
of any individuals or organizations will not infringe the original
titles upon which the rights of the interested nations are really
founded.

T take advantage of this occasion to state to Your Excellency
that the Government of the Republic has recently received news
that Costa Rica has done some things that charge the statu quo
agreed upon in Art. 7 of the Convention of 1880. According to
such reports the Government of Your Excellency advanced upon
the b«d of the River Sixaola, establishing civil and military offi-
cials and exercising other jurisdictional acts, evidently incom-
patible with the continuance of the situation agreed upon in the
compact. The Government of Colombia, knowing the justice
that inspires the actions of that of Costa Rica, rather than give
credence to these reports, arranged for a careful examination to
be made to ascertain their accuracy. If they should be verified,
it must have been by reason of some involuntary oversight upon
the part of the Costa-Rican Government, but in such a case a
prompt rectification would be expected.

Believing that Your Excellency will find this trust of Colom^
bia entirely just, since it is the logical consequence of the prin-

451

i:iples invoked in the courteous note to which I have the honor to
refer, I reiterate to Your Excellency the assurances of my high-
lest consideration.

Vicente: Restrepo.
To His Excellency the Seiior Minister of Foreign Relations of
the Republic of Costa Rica.

San Jose.

Republic of Colombia: Ministry of Foreign Relations.

Bogota, March 7, 1889
\Ir. Minister:

According to a report forwarded by the Political Judge of
Bocas del Toro to the Prefect of Colon at Panama, a certain
person named Ildefonso Ulloa has undertaken to exercise juris-
dictional acts in the territory of Colombia, stating that he acted
in the name of and under a commission from the Government of
Your Excellency. It appears that this Ulloa authorized Seiior
Gerardo Hidalgo y B. to examine and take an inventory of the
property of the estate of the late Temistocles Penaranda, located
in Sixaola, a Colombian settlement, which has always been sub-
ject to the authorities of Colombia.

I have instructions from the President of the Republic to call
the careful attention of Your Excellency to this act, which, to
state it fully, entails not only an ordinary violation of the terri-
torial sovereignty of Colombia but it is an infringement of the
statu quo agreed upon between this nation and that of Costa Rica
as regards the boundaries of their respective territories. My
Government, with its experience of the equity that has inspired
the actions of that of Your Excellency, is confident that such act,
in case it was committed, will be taken up and treated by the
Government of Costa Rica in the manner that justice demands
and the friendship of our two countries.

I take advantage of this occasion to subscribe myself Your
Excellency's most obedient servant.

Vicente Restrepo.
To His Excellency the Senor Minister of Foreign Relations of

the Republic of Costa Rice.

452
San Jose.

Republic of Costa Rica: Secretaryship of Foreign Relations.

San Jose, April 8, 1889.

Senor Minister:

I have the honor to reply to the despatch which Your Excel-
lency was pleased to address to this department of State under
date of the 7th of the month of March of this year.

Your Excellency deemed it proper to bring to the knowledge
of my Government, to the end that justice might be done, that,
according to the reports from the Political Judge of Bocas del
Toro to the Prefect of Colon at Panama, Seiior Ildefonso Ulloa,
stating that he acted in the name and under a commission from
the Government of Costa Rica, had undertaken to exercise acts
of jurisdiction in territory of Colombia, by examinig and taking
an inventory of the property of the estate of Senor Temistocles
Penaranda, located in Sixaola.

For the moment I am unable to state to Your Excellency any-
thing in affirmation or in denial of this allegation, nor to venture
to say anything about it, inasmuch as I have not in my posses-
sion any reports as to the matter, but I have already asked for
them from the Minister of the Government, to whom Senor
Ulloa as the political chief of Talamanca is directly subordinate.
That department of State has not yet been able, however, to fur-
nish me with definite facts as quickly as was desired, by reason
of our communications being difficult and delayed with that ex-
treme part of the country.

I confine myself at the present time to asking Your Excellency
to be good enough to accept the assurance that my Government
has not given, nor will it give any orders contrary to the main-
tenance of the good relations that happily unite the two countries

The fact that the settlement of Sixaola has been since the
year 1870 subject to the officials of your Republic is not un-
known to me, and if the Political Chief has really done the act
that is attributed to him as infringing the statu quo Your Ex-

453

cellency has been pleased to invoke, my Government is in a sit-
uation to hold that subordinate to a strict account for his mis-
conduct.

I beg to thank Your Excellency for the courteous terms in
which you have been pleased to indicate to me that your Gov-
ernment, relying upon the experience it has had of the equity
that inspires the actions of that of Costa Rica, is confident that
such act, if it should be found to have been committed, will be
taken up and treated in the manner justice demands and the
friendship of our two countries.

Promising to give to Your Excellency a definite response as
soon as the data expected shall have been received, I have the
honor to subscribe myself Your Excellency's very respectful
servant.

Manuel J. Jimenez.
To His Excellency the Minister of Foreign Relations of the Re-
public of Colombia.

Republic of Colombia: Ministry of Foreign Relations.

Bogota, March 3, 1890.

Senor Minister:

On the 7th of March of the year last past, my predecessor in
this Ministry had the honor to address to Your Excellency a note
relating to certain jurisdictional acts which it was declared were
perpetrated by Costarican officials in territory subject to the
control of Colombia. The note referred to the inventory and
valuation of the property of the estate of the Colombian Temisto-
cles Pefiaranda, situated in Sixaola, a settlement of this Repub-
lic, which acts my Government understood were undertaken by
persons authorized by the Government of Costa Rica. It was
also stated to Your Excellency that if in fact such proceedings
had been undertaken, it would constitute a usurpation of juris-
diction, a violation of the sovereignty of Colombia and an in-
fringement of the statu quo to which our two countries had

454

agreed in submitting to the arbitration of Spain the demarcation
of our common frontier.

In your brief reply, dated at San Jose, on the 8th of April fol-
lowing, Your Excellency stated that at that time your Govern-
ment had no reports concerning the matter, which would be asked
for without delay and would be used by Your Excellency to
take up this subject; that Sixaola was indeed embraced within
the Colombian jurisdiction in accordance with the statu quo
agreed upon between the two Governments ; that in case the sub-
ordinate or private individuals shall have been found to have
committed the acts complained of they would be held to strict
account for their misconduct and that Your Excellency would
honor this Ministry with a definite response as soon as you should
be in possession of the necessary data.

Subsequent to the second date the Government of the Republic
received further reports relating to the Penaranda estate, coming
from the authorities of Bocas del Toro. The Political Judge of
that region, in an official communication of December 8th last
past, stated to the Prefect of Colon that some persons had indeed
acted as the agents of the Government of Your Excellency, not
only in making an inventory of the property of the estate but
they took away the greater portion of it, consisting of cattle,
alleging as a pretext the fact, real or imaginary, that the said
Government was a creditor of Penaranda.

The violation of the rights of Colombia is evident in this case.
Even disregarding the nationality of the deceased, the only law
applicable to the estate of that Colombian was the law of this
Republic, where his property was located. On account of this
elementary principle of international justice not having been
respected, the rights of some Colombian creditors have at times
been rendered nugatory; judicial action, the only means of tak-
ing up the rights of the legitimate heirs, was passed by, and the
exclusive right of the sovereign to administer justice within his
own domains was practically disregarded. The last is all the
more serious, inasmuch as any act, of such a character, being a
violation of the statu quo so often mentioned, lessens the juris-
diction delegated by Colombia and Costa Rica to the eminent
arbitrator of boundaries.

455

Having in view the equitable and kind judgment which moves
the actions of the Government of Your Excellency, that of Co-
lombia is incapable of attributing such illicit proceedings, and
unjustifiable under every aspect, to the toleration of the former
and much less to its command. My Government continues to
be persuaded that this incident, if it has not been already, will
be justly and severely dealt with and treated by that of Costa
Rica. And as it may happen that, on account of the difficulty
and delay in communications, Your Excellency may not yet be in
possession of the data necessary for the definite response an-
nounced in your very courteous letter of April 8th, permit me
to express the hope that I shall be honored with an answer as
soon as such reason no longer prevents it.

I take advantage of this opportunity to reiterate to Your Ex-
cellency the protestations of my highest and most distinguished
consideration.

Antonio Roi^dan.
To H. E. the Sr. Minister of Foreign Relations of the Republic

of Costa Rica.

Republic of Colombia: Ministry of Foreign Relations.

Bogota, June 2, 1890.

The undersigned, Minister of Foreign Relations of the Re-
public of Colombia, has the honor to address himself to His
Excellency the Minister of Foreign Relations of the Republic
of Costa Rica, with the object, painful although unavoidable, of
calling once more the enlightened attention of Your Excellency
to the statu quo which must be observed by the two Republics as
regards the ownership and jurisdiction over the territory they
dispute between them and the property right to which must be
decided by the Government of Spain as the boundary Arbi-
trator.

It has come to the notice of the Colombian Government that
one Sefior Rosenberger is travelling along the region of Bocas
del Toro, upon the Isthmus of Panama, and making surveys and

456

soundings in the rivers and upon the coast of the Bay of Almi-
rantc. It is said that Rosenberger is doing this under a com-
mission from the Government of Costa Rica. The inhabitants
of those localities have felt much concern, as it is already a pub-
lic matter in Colombia.

In order that the undersigned may be convinced of the reality
of such a commission, it would be necessary that the opinion he
has hitherto held concerning the Government of Costa Rica be
dissipated, considering it as a friend and as civilized.

But in view of the necessity for calming the uneasiness of the
public and causing everything to vanish that may be antagonistic
to the friendship and existing relations between Colombia and
Costa Rica, the undersigned expects that Your Excellency may
be pleased to give to him, at the earliest moment possible, the
assurance that Rosenberger has not received any such commis-
sion.

The Government of the Republic, persuaded that the abuses
which may have been committed have originated exclusively in
the individual purposes of said traveller, has issued positive
orders for the protection of its sovereignty and as violators of
the latter it will apprehend and treat those who may be found
responsible. It considers that both Governments are under a
joint obligation to prevent anything that might disturb the tran-
quil possession of those dominions without the least change of
the situation in which they were found at the time the compact
as to the statu quo and for a legal arbitration was stipulated.

The undersigned renews to Your Excellency the assurances of
his most distinguished consideration.

Antonio Roldan.

To H. E. the Senor Minister of Foreign Relations of the Re-
public of Costa Rica.

Republic of Costa Rica: Ministry of Foreign Relations.

San Jose^ May 2, 1890 (Received June 12).
Most ExcelIvEnt Senor:

In response to the courteous note which Your Excellency was

457 '

pleased to address to this department, dated at Bogota, on the
3rd of March of the present year, relating to certain jurisdic-
tional acts said to have been done by Costarican officials in ter-
ritory subject to the control of Colombia, for the purpose of mak-
ing an inventory of the property of the estate of the Colombian
Temistocles Pefiaranda, located in Sixaola, I have the honor to
bring to the attention of Your Excellency that from the informa-
tion had in order to ascertain what proceedings were employed by
Costarican officials in making an inventory of the property of
said estate and the place where they were carried on, the facts
appear to be as follows :

That the Government had bought from Senor Pefiaranda,
among other things, some cattle and sheep; that the said Seiior
having died without having made a delivery of what had been
sold, the Comandante of Talamanca was commissioned to ascer-
tain what were located in Costarican territory of those bought
by the Government; that this commission was carried out by a
police agent exclusively upon the bank of the Sixaola which be-
longs to Costa Rica, without transgressing the limits determined
by the statu quo, and still less exercising there jurisdictional acts
of any sort ; and that such facts having been ascertained, nothing
was touched or disposed of, the property of the estate, there-
fore, remaining in the same situation as it was found before
the inspection to which reference has been made.

From the foregoing, Senor Minister, it appears that there was
no impropriety upon the part of our officials in the matter re-
ferred to; but if unfortunately the contrary should be proven,
Your Excellency may have no doubt that my Government will
know how to perform its duty, making such reparation as such a
case, in justice, might call for.

I take this opportunity, to offer to Your Excellency the as-
surances of my most distinguished consideration.

RiCARDO Jimenez.
To H. E. the Senor Minister of Foreign Relations of Colombia.

Bogota.

458

Doc 381 The Minister of Foreign Relations of Colombia to That of

Costa Rici

Bogota, March 16, 1891.^

Republic of Colombia.

Office of the Minister of Foreign Relations.

Bogota, March 16, 1891.

The undersigned, Assistant Secretary of State, in charge of
the office of the Minister of Foreign Relations of the Republic
of Colombia, has the honor to refer to the very courteous com-
munication of December 30th last, in which His Excellency
the Minister of Foreign Relations of the Republic of Costa Rica
pr6poses to the Colombian Government the adoption and deter-
mination of a provisional boundary line between the two coun-
tries, without prejudice, it is understood, to the determinate limit
which the Government of His Catholic Majesty may fix as Ar-
bitrator.

Colombia is pleased that Costa Rica should have responded in
so fraternal a manner to the desire expressed upon this question
in the document addressed by the Department of Foreign Rela-
tions of the Republic to the Colombian Congress of 1890. It is
hoped that through this very harmony of desire may be found
the means of eliminating mutual and fruitless complaints between
the two Governments respecting the statu quo of possession
which must be observed pending the final determination of the
boundaries of the two countries.

The provisional boundary, upon which it is desired to agree,
should coincide, in so far as possible, with the line separating the
actual possessions of Colombia and Costa Rica in the zone now
in dispute, so that upon the determining of the same the present
condition of things will not be disturbed. Another line would
not carry out the object of the special arrangement proposed,
as altering the present jurisdiction would result in disturbing the
tranquility of the inhabitants, interfere with the freedom of
action of the administration and with the stability of such acts

* Archives of the Department of Foreign Relations of Costa Rica.

459

and of the settlements as the two Governments may already have
or may have begim.

Starting with this reasonable standpoint, the undersigned be-
lieves that the determination of the provisional boundary line
should be very easy if there is taken into account the explicit
recognition given by Costa Rica to the jurisdiction of Colombia
and the conciliatory sentiments which actuate this Republic.

On April 8, 1889, the Minister of Foreign Relations of Costa
Rica addressed to the Minister of the same branch of the Re-
public a note in which he recognizes that Sixaola has long
been subject to the jurisdiction of Colombia; so both parties
interested are agreed in acknowledging that one of them has
actual possession in a certain point of the litigated zone.

So, then, the provisional and transitory boundary cannot be to
the East of Sixaola, for that would be to disturb the actual
possession that Costa Rica acknowledges in Colombia, and lose
sight in the act of settlement of the purposes which impose that
settlement.

As to the part West of Sixa^)la, although Colombia insists,
in accord with the Additional Convention signed in Madrid by
the Plenipotentiaries of this Republic and of Costa Rica on Jan-
uary 20, 1886, that its rights on the Atlantic extend to Cape
Gracias a Dios, it does not complain if its actual possession be
restricted, fixing the transitory limit nearer than that terminal.

The Republic, then being guided by especial sentiments of
conciliation, proposes that the provisional frontier shall be the
River Horaces, from its outlet in the Atlantic to its sources thence
following the Cordillera of Las Cruces to the River Golfito and
thence along the River Golfito to its outlet in Dulce Gulf.

The line of the Castro- Valenzuela Treaty set forth as an
example by His Excellency the Minister of Foreign Relations of
Costa Rica has the fault already stated respecting the fixing of
any limit east of Sixaola, because Costa Rica already recog-
nizes that this point is within Colombian jurisdiction and a for-
tiori that all the littoral as far as the Bscudo de Veragua comes
under the same conditions. It is also a matter of public know!-

460

edge that the Republic governs and administrates peacefully all
the territory of Bocas del Toro and Chiriqui, exercising absolute
sovereignty in that region, administering justice, collecting taxes
and maintaining it in active relationship with the political and
juridical authorities there represented. A provisional boundary
which would affect that section of Colombian territory would
profoundly disturb the statu quo of actual possessions and would
be in reality in opposition to the object proposed by both Gov-
ernments.

The undersigned expresses in the name of his Government the
hope that Costa Rica, carrying out the conciliatory sentiments
which are so much an honor to her, will consider just the desires
expressed in this communication and will accept the boundary
proposed by Colombia. In this hope the undersigned awaits the
reply of His Excellency the Minister of Foreign Relations of
Costa Rica to the end that both Governments may dictate the
measures satisfactory for the celebration of a Treaty for the
determining of a provisional boundary for Colombia and Costa
Rica, which Act may be carried into effect in Bogota, in San Jose
or at any other place through the Ministers who may be desig-
nated and in the manner which may be considered most satis-
factory.

The undersigned has the honor and pleasure of renewing to
His Excellency, by this means, the assurances of his most dis-
tinguished consideration.

Marco F. Suarez.
To His Excellency the Minister of Foreign Relations of the Re-
public of Costa Rica.

Sam, Jose.

Doc. 382 The Duke of Tetuan to Sefior Peralta, Minister of Costa

Rica in Madrid.

Ministry of State.

Aranjuez, May 11, 1891. 1
Most Excellent Sir: The decision having been prv.nounced
which has ended the arbitration submitted to Her Catholic Ma-

* Foreign Relations, 1893, p. 277.

461

jesty by the governments of Colombia and Venezuela for the set-
tlement of the boundary question between those two republics,
Her Majesty's Government has thought that the proper time has
arrived to take up the boundary question which the republics of
Colombia and Costa Rica have, as a fresh evidence of their af-
fection and regard for their mother country, submitted for set-
tlement by arbitration to Her Majesty, who feels so deep an in-
terest in all countries of Spanish origin.

Her Majesty's Government earnestly desires to comply with
the wishes of the high contending parties, and thereby to bring
about between the two sister republics the amicable and har-
monious understanding which their tranquility and their inter-
ests demand,

I, therefore, beg your excellency to be pleased to send to this
ministry, with as little delay as possible, the argument which
Costa Rica proposes to present in defense of its rights, and, as
soon as the arguments of both parties shall have been received.
Her Majesty's Government, in accordance with its promise, will
proceed to appoint a commission for the examination of the case,
the competence of which commission in the matter will be a
guarantee of the reliable character of its work.

I address the representative of Colombia io the same effect.

I avail myself of this occasion to reiterate to your excellency
the assurances of my most distinguished consideration.

The Duke of Tetuan.

The Duke of Tetuan, to Seiior Peralta, Minister of Costa Doc. 383
Rica in Madrid.

Minister of Statei,
PAI.ACE, Madrid, January 22, 1892.^

Most Excei^IvEnt Sir: Under date of to-day I write to Her
Majesty's minister resident at Bogota as follows:

"By your excellency's Dispatch No. Q%, of the 21st of October
last, I have been enabled to peruse the note which, under date

* Foreign Relations, 1893, p. 278, 279.

462

of the 19th of that month, was addressed to you by the Colombian
minister of foreign relations, requesting you to transmit to Her
Majesty's Government the views and purposes of the Govern-
ment of Colombia in reference to the settlement by arbitration
of its boundary question with Costa Rica, Mr. Betancourt, the
worthy representative of Colombia, being absent.

"In the aforesaid note the minister of foreign relations ex-
presses the desire of the Government of Colombia to conclude a
new convention on the subject with the Republic of Costa Rica,
since, in his view (and he explicitly states), the term within
which the arbitrator could pronounce a valid decision has ex-
pired.

"This proceeding, which, in view of the antecedents and the
history of the case, there was no logical reason to expect, has
caused great surprise in the mind of Her Majesty's Government,
as it doubtless has in that of your excellency, and in order to
explain it, it is sufficient briefly to call to mind the facts of the
case.

"While examining the boundary question pending between
Venezuela and Colombia, Her Majesty's Government received,
in December, 1884, a note signed by Mr. Holguin, the repre-
sentative of that Republic, and Mr. Fernandez, the representative
of Costa Rica, whereby, in obedience to the instructions which
they had received from their Governments, they submitted to His
Majesty King Alfonso XH, as the arbitrator designated by the
two Republics, the boundary question pending between them,
allowing him a term of ten months in which to pronounce his de-
cision.

"Certain differences having been raised by the U. S. Govern-
ment in connection with the boundaries of the State of Panama,
according to article 35 of the treaty of 1846, His Majesty's Gov-
ernment was obliged to leave in abeyance its acceptance of the
office of arbitrator until those differences should have been settled,
and in the meanwhile the unexpected and premature death of
King Alfonso XH took place.

"Subsequently, and by a collective note signed by Messrs.
Carlos Holguin and Manuel M. Peralta, of May 19, 1887, they

463

transmitted to Her Majesty's Government the supplemental
treaty signed at Paris, January 20, 1886, whereby the Govern-
ment of Spain is declared competent, notwithstanding the death
of His Majesty King Alfonso XH, to continue to act as arbi-
trator in the question pending between the Republics of Colofnbia
and Costa Rica and to pronounce a decision from which there is
to be no appeal in the dispute concerning the territorial limits
of those Republics. By this treaty the term allowed by the
former convention of arbitration was extended for ten months
longer.

"Her Majesty's Government replied to the first note by another
of June 19, 1887, accepting the office of arbitrator, but referring
the examination of the question until the arbitration between
Colombia and Venezuela should have been terminated.

"No objection was made to this clause by the parties inter-
ested only the minister plenipotentiary of Costa Rica asked for
some explanation with regard to it, in order that it might be
accurately known when the twenty months were to commence
which were allowed to Her Majesty's Government to pronounce
the decision, and the Marquis de la Vega de Armijo, who was
then minister of state, informed him by a note dated October 30,
1888, that the acceptance of the office of arbitrator would not
begin until a decision should have been pronounced in the ques-
tion between Colombia and Venezuela and the new commission
should have been appointed which was to examine the question
pending between Costa Rica and Colombia. The representative
of Colombia had official knowledge of this note, since a copy
thereof was sent to him by the minister plenipotentiary of Costa
Rica under date of January 11, 1889.

"Her Majesty's Government thus naturally thought that no
doubt whatever was entertained by the parties interested with
regard to the manner of her acceptance of the arbitration.

"Furthermore, the decision in the boundary question between
Colombia and Venezuela having been pronounced by Her Ma-
jesty, and the first of the clauses which provided for the exami-
nation of the question pending between Colombia and Costa Rica
having thus been complied with, I addressed an identical note,
on the 11th of May last, to the representatives of both Republics

464

at this court (a copy of which note was sent to your excellency),
requesting them to present to this department, with as little delay
as possible, their arguments in support of the rights of the states
which they respectively represent, in order that the commission
of examination might be appointed.

"Both the minister of Costa Rica and that of Colombia has-
tened to inform me, in writing, that they would present their ar-
guments with as little delay as possible. No observation was
made by Mr. Betancourt concerning the alleged lapse of the
treaties of arbitration. On the contrary, he admitted that a new
one had been initiated between his country and Costa Rica.

"In this state of things I received from your excellency the
dispatch to which I am now replying, and I thereby became ac-
quainted with the views and intentions of the Colombian Gov-
ernment on the subject. As these views and intentions in-
volved, in the opinion of Her Majesty's Government, a contra-
vention (at least apparent) of what had been agreed upon, I re-
quested Mr. Betancourt to elucidate these views, since in the
various conferences which I had had the honor to have with him
I had always expressed myself, without any objections being
made by him, as understanding that the term allowed for arbi-
tration had not yet commenced. Mr. Betancourt told me that he
had received no instructions from his Government to give me the
explanations which I asked, but on the day following (the 22d
of December last), when in reality, in view of his statement,
there was no ground to expect it, he sent me a note referring to
our conversation, in which he expressed himself in the same
manner as did the Colombia minister of foreign relations in the
note which he addressed to your excellency concerning the lapse
of the convention of 1880 and the desire of the Colombia Gov-
ernment to conclude a new arrangement with Costa Rica.

"Great as has been the surprise felt by Her Majesty's Gov-
ernment, and although this surprise is shared by one of the high
litigant parties, according to the statement of its representative
at this court, the authorized declaration of the Government of
Colombia is sufficient to induce that of Her Majesty to decline
to take any further action in a matter in which it had only con-
sented to act at the request of the two Republics. It took this

465

course with the noble and lofty desire to lend them a disinter-
ested service, which should be a fresh evidence of the maternal
affection which it feels for them. Your excellency is requested
so as to inform the Colombian Government, in reply to the note
which it has addressed to you, and to transmit to it a report of
the facts above stated.

"Her Majesty's Government, which is ever ready to lend its
aid, so far as this may be desirable, to the sister states of Latin
America, is pleased to acknowledge the deference shown to it by
both parties in the progress of the case which was submitted to
it for decision by the Republics of Colombia and Costa Rica, and
it only considers itself released from the obligation to conclude
the task intrusted to it, in view of the positive declaration of the
Colombian Government that the powers conferred upon it are no
longer in force, which opinion it respects, and in conformity with
which it will act, although it regrets that it can not share this
opinion in view of the facts stated.

"Owing to the fact that the friendship of Her Majesty's Gov-
ernment and of the Spanish nation for the states of Spanish
America is firm and sincere, it earnestly desires a satisfactory
settlement of the boundary question pending between Colombia
and Costa Rica, and if these two friendly states shall succeed in
concluding a new arrangement for the settlement of this dispute
and shall again honor it with the delicate and onerous office of
arbitrator, it will examine the case and determine on its line of
conduct in view of the special circumstances."

I have the honor to transmit the foregoing to your excellency
for your information and for that of the Government which you
worthily represent at this court, to the end that you may be in-
formed of the reasons in virtue of which Her Majesty's Gov-
ernment is obliged, with real regret, to decline to take any fur-
ther action in the boundary question pending between the Re-
publics of Costa Rica and Colombia, which was submitted to it
for arbitration, and your excellency may assure your Govern-
ment that that of Her Majesty would have been glad to settle
the aforesaid boundary question by means of its noble and dis-
interested efforts, and that it earnestly hopes that the two sister
Republics may, in this important matter, reach an understanding
that will conduce to the promotion of their respective interests.

466

Were Her Majesty^s Government, in virtue of a new arrange-
ment, honored once more with the high and dehcate mission that
was confided to it, it would examine the case with interest and,
in view of the special circumstances, would determine on its
line of conduct. I avail myself of this occasion, Mr. Minister,
to reiterate to your excellency the assurance of my most distin-
guished consideration.

^ The Dukd of Tetuan.

REPUBLIC OF COLOMBIA.

Doc. 384 I^eport by the Under-Secretary of Foreign Affairs in
Charge of the Department, Addressed to the Congress
of 1892.

Published at Bogota: print of Echeverria Hermanos.
* * 41:^ * i^ hl m

Chapter IV.

Costa Rica. Boundaries Betzveen the Two Republics (pp. 8, 9),

The Government of Costa Rica proposed to that of the Re-
public, on December 30, 1890, the adoption of a provisional fron-
tier between the two countries, which, without prejudging the de
finitive and legal boundary, should serve to avoid the frequent
complaints caused by possessory acts within the litigated zone.

Colombia responded, accepting the invitation, and observing
that the provisional frontier ought naturally to coincide as far a-»
possible with the one which separated the actual possessions of
the two Republics. It based this observation upon the fact that
any other boundary, far from meeting the purpose of the tem-
porary arrangement, would change the statu quo and would preju
dice the establishments the two Governments might already pos-
sess in those regions, as well as the facility of administration and
the tranquillity of the inhabitants.

Starting from this unobjectionable basis, it was noted that
Colombia and Costa Rica were in accord as to the possession by
the former of Sixaola, and that therefore the provisional boundary

467

could not run to the East of that river, since otherwise
it would disturb the possession of the Republic. As regards the
territory, situated beyond the Sixaola, the Government declared
that although its rights extended to Cape Gracias a Dios, it had
no objection to suggesting that the temporary line be formed by
the River Doraces, the Cordillera of Las Cruces and the River
Goiato.

As the invitation of Costa Rica, by way of an example of a
provisional line, suggested the frontier agreed upon in the Castro-
Valenzuela Treaty, it must be noted that this is incompatible with
the purposes that were intended by the temporary arrangement.
The said line, in fact, lies to the right of the Sixaola, that is ta
say, in lands where Costa Rica recognises the actual control of
Colombia; moreover, the Republic could not divest itself of the
possession of nearly the whole of the territory adjacent to the
Bay of Almirante, where our possession is as peaceful and com-
plete as our rights of dominion are perfect.

Costa Rica has gone no farther in the discussion of this sub-
ject, which as a matter of fact was for the purpose of fixing a
modus Vivendi until a definitive settlement could be obtained.
This being the situation of affairs, our Government was invited by
that of Spain to submit the Alegatos in the boundary suit between
the two Republics, committed to the wise arbitration of His
Catholic Majesty.

The Republic would have hastened to respond to this respectful
invitation, inasmuch as it is now satisfied, as it was before, of the
desirability of justly and amicably ending the old boundary ques-
tion pending with its sister upon the North. But that very con-
viction and the desires thereby eng^endered compel it to proceed
legally and to perform its duty of seeing that the arbitration will
be effective and produce the solution of the matter that is sought.
The jurisdiction delegated by the parties to the Royal Arbitrator
having expired, and the treaties consequently having lapsed, the
Ministry has performed a legal duty, incumbent upon both parties,
by replying to the Government of His Majesty that the Alegatos
could not be submitted nor the proceedings initiated until Colombia
and Costa Rica renewed their treaties and again delegated juris-
diction to the Arbitrator.

468

The lapse of the boundary treaties between Colombia and Costa
Rica is not a matter of uncertainty. The Convention of 1880
and the declaration of 1886 established the fact that for^the arbi-
tral decision to be valid it must be pronounced twenty months
after the commission was accepted by the judge. That accept-
ance took place on June 19, 1887 ; therefore the jurisdiction ended
on February 19, 1889.

It is true that almost sixteen months after the Arbitrator ac-
cepted the post, he declared that his acceptance should not begin
to run, that is to say, considered as undertaken, until after the
suit as to boundaries between Colombia and Venezuela was
ended; but that did not heal the defect of arbitral jurisdiction,
nor amount to an extension of the agreement. In the first place,
it can not be presumed that the parties, in^ fixing a short and
definite period for the validity of the sentence, would be willing
to make the contest an indefinite one, making it depend upon
another which had no fixed termination; besides, Colombia did
not assent to the extension of the jurisdiction and to the renewal
of the treaties resolved upon by the Arbitrator. On the other
hand, even if the Government of the Republic gave such assent,
it would not have been effectual until it was ratified by the Con-
gress, which is the source of authority for our public treaties ;
and, in the last place, even if it were a matter merely uncertain,
it would be the part of prudence to remedy in time what might
later fiiistrate an arduous proceeding and a most deserving judg-
ment.

The Republic, in proceeding thus:, acted with the greatest
loyalty, since its conduct tended to eliminate every pretext that
could invalidate the decision after the cause was decided; and
the Colombian Legation in Madrid in 1887 took care to explain
these very dangers, although without result, to the Minister of
Costa Rica.

The Government is of opinion that the boundary treaty with
Costa Rica should be renewed; that some agreement should be
made for securing the temporary frontier above mentioned; and
that it is desirable to introduce some very important stipulations,
such as those relating to the expenses of the proceeding and to
the execution of the award. This opinion will continue while

469

the Government and the people of Colombia, in a natural way,
understand how to fitly interpret the attitude of Colombia; other-
wise any resolution upon our part must be inspired by the sense
of national honor.

Chapter XII.
Nicaragua.

Colombia having a right to territories extending as far as Cape
Gracias a Dios and which are disputed by Nicaragua; and the
opening of a canal being discussed which would traverse them in
case it was carried out, it has been deemed necessary to safe-
guard the rights of the Republic by means of a protest, in which
it should be made to appear that no concession or other act of
dominion over these territories could affect the titles of Colombia
upon the Mosquito Coast.

In case any Government, other than those of Colombia and
Nicaragua, should take part in the canal enterprise, it would be
necessary to repeat to it such protest, the justice of which cannot
be questioned. If the Government of the United States felt itself
authorized to require that the rights arising out of our Treaty of
1846 should be safeguarded by Colombia and Costa Rica before
Spain should agree to undertake the arbitration of the boundaries
between these two countries, with more reason could Colombia
demand that its rights be respected in the negotiations as to the
opening of an interoceanic canal through territories to which it
has a right.

470
Doc 385 Senor Peralta to Mr. Gresham.

(Translation.)

Legation of Costa Rica,
Washington, April 12, 1893.i

The undersigned, envoy extraordinary and minister plenipo-
tentiary of the Republic of Costa Rica, has the honor to call the
attention of the honorable Secretary of State of the United States
of America to the following points, which are of the highest im-
portance as regards the international relations of Costa Rica and
the United States and with the Republic of Colombia.

The boundary question pending between the Republics of Costa
Rica and Colombia which, according to the treaty of Som Jose
of December 25, 1880, and the additional convention concluded at
Paris, January 20, 1886 (Inclosures Nos. 1 and 2), is to be de-
cided by arbitration, was submitted, in pursuance of an agree-
ment with the United States Government (as appears from the
communications of Mr. Bayard, Secretary of State of the United
States, to this legation, dated Washington, November 14, 1885,
and May 26, 1886), to the Government of Spain by the plenipo-
tentiaries of Costa Rica and Colombia at Madrid, by a note bear-
ing date of May 19, 1887. (Inclosure No. 3.)

The Spanish Government accepted the office of arbitrator sub
conditione suspensiva, with the proviso that its acceptance was
not to begin until after it should have pronounced its decision in
the boundary question between Venezuela and Colombia, which
had been submitted to it. This declaration was made by Mr.
Moret in his note of June 12, 1887. (Inclosure No. 4.)

The representative of Colombia having expressed some doubt
with regard to the meaning of the condition imposed by the Span-
ish Government for its acceptance of the office of arbitrator, the
minister of Costa Rica at Madrid requested the minister of state
• of His CathoHc Majesty (by a note of October 23, 1888) (In-
closure No. 5) to furnish an explanation of the terms of its ac-
ceptance according to the aforesaid note of Mr. Moret. The
Marquis de la Vega de Armijo replied, on the 30th of the same

'Foreign Relations, 1893, p 270, 271, 272, 273.

471

month (Inclosure No. 6), "that as the labors relative to the
boundary question pending between Venezuela and Colombia had
not yet been finally terminated, the acceptance of the office of
arbitrator, with which the Government of Colombia and that of
Costa Rica had honored that of His Catholic Majesty, would not
begin until the decision had been pronounced and the new com-
mission appointed."

This sufficiently precise explanation was communicated by the
minister of Costa Rica to the legation of Colombia on the 6th of
November, 1888, in a note to Mr. Putnam, charge d'affaires, and
was repeated on the 11th of January, 1889, to Mr. Betancourt,
who had succeeded Mr. Putnam. The legation of Colombia
did not raise the slightest objection, but, on the contrary, the
language of the Colombian representative induced His Catholic
Majesty's minister of state to believe that not only did Colombia
not have any objection to the conditions imposed by the arbitrator,
but that it was disposed to present its own argument in due time.

In this belief, which was contradicted by no fact and by no
official statement of the Government of Colombia, and after the
decision of the boundary question between Venezuela and Colom-
bia- had been pronounced, the minister of state requested the
parties, by a note bearing date May 11, 1891, to present their
respective arguments, reserving the declaration that the arbitra-
tion had commenced until the time when these arguments should
be in his possession.

Mr. Betancourt, the Colombian minister, replied that he would
present the argument of his Government with as little delay as
possible. '*No objection was made by Mr. Betancourt on the
ground of the nullity of the treaties of arbitration; on the con-
trary, he recognized that the new arbitration had been initiated
between his country and Costa. Rica." (Note from the Duke
of Tetuan to Mr. Peralta, dated Madrid, January 22, 1892. In-
closure No. 7.)

The Spanish Government was consequently awaiting the pre-
sentation of the arguments, and the minister of Costa Rica had
repeatedly stated that the argument of his Government was ready,

"Published in the Madrid Gazette, March 17, 1891.

472

and he desired that the commission which was to take cognizance
of the case should be appointed in order that he might transmit
that document to the ministry of state.

The Duke of Tetuan, however, being actuated by a lofty senti-
ment of benevolence, was unwilling that the arbitration should
be definitively begun until the argument of Colombia (which he
thought was likely to be handed in at any moment) should have
been presented.

Such was the state of things in December, 1891, when the
Spanish Government was informed by a note from the minister
of Spain at Bogota, bearing date of October 19, 1891, that the
Government of Colombia desired to conclude a new treaty of
arbitration with Costa Rica, because, in its opinion, the time
had expired within which the arbitrator could pronounce a valid
decision.

Neither the Government of Spain nor that of Costa Rica has
accepted the declaration of the Government of Colombia as being
just and well founded, and the Duke of Tetuan has declared that
he was very much surprised by the course pursued by Colombia.
This he did in a dispatch addressed to the representative of
Spain at Bogota, and in his communication of the same date
January 22, 1802, (Tnclosure No. -8) to the minister of Costa
Rica at Madrid.

As is declared by the arbitrator, through the Duke of Tetuan,
the tirne for taking cognizance of the boundary question had not
expired. Colombia, which made not the slightest objection to
the conditions .imposed by Mr. Moret, ought at least to have pre-
sented its argument to the arbitrator, or to have signified in some
way that, in its opinion, the time allotted for arbitration had com-
menced before assuming to itself without the assent or notice
of the other party, the responsibility of declaring that the time
for the legal arbitration of the case had already expired.

Even supposing that the arbitrator had allowed the time fixed
for pronouncing his decision to elapse, such negligence on~ the
part of the arbitrator in no way aflFects the validity or the obliga-
tory force of the treaty of 1880.

The negligence of the arbitrator may at the utmost be con-
sidered as a passive form of his desire not to perform the duties

473

of his office; as a. tardy refusal to accept it, or simply as an
evidence of his having been unable to render, at the proper time,
the eminent service requested of him, and this is the most that
can be alleged by Colombia; at all events, however, the contract-
ing parties were still at liberty to have recourse to the stipulation
contained in article 5 of the treaty of 1880, and in virtue thereof
to request the President of the Argentine Republic to accept the
office of arbitrator.

The Spanish Government, however, rejected with very good
reason, the charge of negligence implied by the declaration of
the Government of Colombia, and has constantly shown its readi-
ness to perform the duties of the noble and disinterested office
which was tendered it by the parties; and if these offer it, and
again beg the Government of His Catholic Majesty to accept
it, that Government has promised that it will accept it, or that it
will, at least, most favorably consider the offer.

Be the case as it may, the treaty of arbitration of 1880 provides,
in its seventh article, that the boundary question shall be decided
by arbitration only, and until such a settlement has been reached,
the validity of that treaty is incontestable.

The additional convention of January 20, 1886, stipulated that,
notwithstanding the death of His Majesty Don Alfonso XH, the
Government of Spain was competent to continue in charge of the
arbitration (Article I). It defined with precision, in accord-
ance with the observations of Mr. Bayard, Secretary of State of
the United States of America, the extreme and precise limits of
the territorial claims of the parties (Article II), and declared
that, whatever should be the decision of the arbitrator, the rights
of a third party should remain unimpaired (Article III).

The additional convention, furthermore, extends the period of
arbitration, for ten additional months, so that it may last for
twenty months, reckoned from the date of its formal acceptance.
(Article IV.)

The rights of a third party, as was agreed with the Govern-
ment of the United States, and as explained by Mr. Bayard in
his note of May 26, 1886, to Mr. Peralta, are such as in virtue
of pre-existing treaties may belong to the U. S. Government or
to citizens of the United States. (Inclosure No. 9.)

474

The Government of Costa Rica has, therefore considered, both
in view of the stipulations of Article XXXV of the treaty of
December 12, 1846, and of the express declarations of Messrs.
Blaine ^ and Bayard, both before and after the conclusion of the
additional convention of January 20, 1886, that the U. S. Govern-
ment became a party with Costa Rica and Colombia to this latter
convention, and consequently to the principal convention of
.1880, and my Government thinks that, in this state of things
and on account of the respect which the high contract-
ing parties owe to each other, it should maintain the arbitration
provided for in those instruments and demand that it be main-
tained in full force without the conclusion of any new treaty of
arbitration, for which the Government of Colombia has expressed
its desire to that of Spain.

The treaties which already exist seem to my Government to
be more than sufficient to secure to the parties an equitable and
speedy settlement of their differences.

The Government of Costa Rica therefore begs the United
States Government, in testimony of the friendship existing be-
tween it and both Costa Rica and Colombia, in view of the in-
terest which it has ever manifested in the prosperity and peace of
those countries, in view of its duties as a guarantor of the neu-
trality and of the sovereignty of Colombia^ over the Isthmus of
Panama as far as the frontier of Costa Rica, and as a party to
the additional convention of 1886, to exert its most friendly
and most earnest efforts to induce Colombia, in consideration of
the determination of Costa Rica faithfully to abide by what has
been agreed upon, and of the declarations of the Spanish Gov-
ernment that it does not consider the time for arbitration as
having expired, to withdraw its declaration that the period of
arbitration has elapsed, and once more to request the Govern-

' In Mr. Blaine's dispatch to Mr. Putnam, U. S. minister to Belgium,
of May 31, 1881 (For. Rel., 1881, p. 70), occurs the following passage:
*'* * * It can not be a matter of indifference to the United States of
America whether the littoral line of either ocean in the neighborhood of
any projected interoceanic communication is within the guaranteed ter-
ritory of the United States of Colombia, or within the lawful boundaries
of the Republic of Costa Rica, with whom its treaty obligations are of a
different character."

475

ment of His Catholic Majesty to accept the office of arbitrator;
and in case of the non-acceptance of the Spanish Government,
to submit the case to the decision of the President of the Argen-
tine Re])iihlic.

If the President of the Argentine Republic can not accept, it
becomes the duty of the parties, in virtue of Article VII of the
treaty of 1880, to designate another arbitrator, and in that ,case
the Government of Costa Rica will be most happy to come to an
understanding with that of Colombia and that of the United
States of America to tender the office of arbitrator to his ex-
cellency Grover Cleveland, President of this Republic.

The Government of Costa Rica begs the United States Gov-
ernment to be pleased to submit this proposition with the utmost
earnestness, and with as little delay as possible, to the Govern-
ment of the Republic of Colombia, to the end that the final settle-
ment of the boundary question may be no longer delayed, that
there may be no necessity of resorting to new treaties, and that
the settlement may take place in accordance with those now in
force, to which, as has already been stated, the U. S. Government
is a party.

The undersigned has the honor to reiterate to the honorable
Secretary of State of the United States of America the assurance
of his highest consideration. ,

Manuel M. Peralta.

Sefior Peralta to Mr. Gresham. Doc. 386

(Translation.)

Legation oe Co§ta RTC^.
Washington, April 20, 1893.^

Sir : I have been advised that the Government of the Repub-
lic of Colombia has informed the Government of the United
States of America that it ought to be considered an interested
party, with a right to intervene, in all international arrangements
whatever relative to the projected Nicaraguan Canal, by virtue of

* Foreign Relations, 1893, p. 281.

476

the rights which, according to the said Government of Colombia,
are conferred on it by the royal order of San Lorenzo of Novem-
ber 30, 1803, and the Government of Costa Rica being con-
cerned in the Nicaraguan Canal and in every interoceanic route
by way of the river San Juan, not only by virtue of its former
territorial rights, but likewise by those conferred on it by the
treaty of San Jose of April 15, 1858, the validity of which was
recognized by award, as arbitrator, of the President of the United
States of America, given at Washington March 22, 1888, in the
name of the Government of the Republic of Costa Rica, I have
the honor to set forth the most solemn and formal protest against
the rights that Colombia claims or alleges to have in the projected
Nicaraguan Canal or in all interoceanic routes through the terri-
tories of Costa Rica and Nicaragua by way of the river San
Juan.

The Government of Costa Rica has never admitted the validity
of the title invoked by Colombia, and maintains and offers to
prove, and in due time to demonstrate, that the royal order of
San Lorenzo of November 30, 1803, never had the scope claimed
for it by the Government of Colombia, and although it might
have had it, it lost all its value and force by having been annulled
by various royal ordinances, decrees by the Cortes, and royal
letters-patent of the Spanish Government subsequent to the year
1803.

A former minister of foreign relations of New Granada {Co-
lombia) has said that the royal order of November 30, 1803, is of
no value, that it is a title of so anomalous and indefinite a charac-
ter that it* may be reduced to the duty of giving to the Mosquito
coast the maritime protection it needs to guard it from foreign
aggressions. 2

So states Senor Fernandez Madrid in a report made at the
request of his Government, notwithstanding that this celebrated
public man of Colombia did not know and could not account for
the titles of Costa Rica and Nicaragua. Not one of the govern-
ments with which the republics of Costa Rica, Nicaragua, and

'Colombian Repertory, No. XLVIII, June, 1882, Bogota. Dispatch of
D. Pedro Fernandez Madrid, to the minister of foreign relations of Co-
lombia, Bogota, November 29, 1852. (Inclosure No. 1.)

477

Colombia are allied by treaties of friendship has ever admitted
the claims of Colombia, and the first instance that can be cited
is the Government of the United States itself, which recognizes
that the territory of Colombia terminates with the Isthmus of
Panama on the frontier of Costa Rica.

Neither were the claims of Colombia ever admitted by the Gov-
ernment of Her Britannic Majesty, which, through the medium
of Lord Palmerston, then principal secretary of state for foreign
relations, refused to discuss them, as proved by his note of -May
4, 1848, to Senor Mosquera, minister of New Granada at London.
(Inclosure No. 2.)

In consequence of this refusal of the United States and Great
Britain to entertain the claims of Colombia when the Clayton-
Bulwer treaty was concluded, 19th of April, 1850, and later when
the Crampton-Webster was signed, April 30, 1852, which stipu-
lates expressly in regard to the river San Juan and the Nica-
raguan Canal, the name of Colombia does not appear, and it
speaks only of Costa Rica and Nicaragua as sole sovereigns of
the territory watered by the lake and by the river San Juan.

In virtue of that Crampton-Webster convention, and later of
the treaty of Managua of 1860. Great F^)ritain renounced the
Mosquito protectorate, and it is well known that that renuncia-
tion was made in favor of Nicaragua.

Further still, the Government of His Catholic Majesty, former
legitimate and common sovereign of Cos fa Rica, Nicaragua, and
viceroyalty of New Granada, recognized Costa Rica and Nica-
ragua, respectively, in legitimate and incontestable possession and
sovereignty of the Mosquito coast, of the river San Juan, and
of all the territories that formerly constituted the provinces of
Costa Rica and Nicaragua, situated between the Atlantic and the
Pacific, with the adjacent islands, as clearly appears in the
treaties of Madrid of 1850 with Costa Rica and Nicaragua.

Considering that by arbitration only has to be decided the
question of boundaries pending between Costa Rica and Colom-
bia, the Government of the former, not being able to establish
itself as judge and party at the same time, consented that Colom-
bia should present as the extreme limit of its claims Cape Gracias

478

d Dios; but it consented, as is contended in a lawsuit, that adverse
party may say what he thinks proper on condition that the judge
pass sentence by virtue of the proofs and rights of the htigants.
While no decision by arbitration intervenes, the Government of
Costa Rica sees itself, therefore, obliged to protest in the most
formal and solemn manner against all intervention of the Govern-
ment of Colombia in the Atlantic coasts of Costa Rica, in the river
San Juan, and in any intero.ceanic route that may follow the
course of this river, because it considers null and void the abro-
gated royal order of 180'3, never fulfilled in what relates to the
Mosquito coast.

I think it proper to recall here that the Government of Costa
Rica found itself bound to protest to that of Colombia against
the measurements made by the engineers of the Panama Canal
Company on territory which is in the actual possession or within
the lawful limits of Costa Rica, though retained by Colombia.

The Panama Canal Company, in virtue of a concession of
500,000 hectares of ground of the public domain of Colombia
(article 4 of the concession of 1878), thought fit to select noth-
ing less than the territory which is the principal subject of the
boundary question, in order to solicit its allotment as a dominion
and ownership (of said company) from Colombia.

The Panama Canal Company had already measured, in the
region washed by the bay of Almirante and by the Lagoon Chiri-
qui a surface of nearly 280,000 hectares when the surveyor of
said Company encountered a Costa Rican guard, who obliged
him to desist from his measurements where the guard was sta-
tioned ; but in such vast and wild solitudes not only measure-
ments of land but acts of occupation may be effected without in
a long time coming to the knowledge of the legitimate sovereign.

As soon as the Government of Costa Rica had knowledge of
said measurements it made friendly representation to that of
Colombia to the effect that so long as the expected sentence
of arbitration had not been pronounced, it should abstain from
trespassing on the jurisdiction of the arbitrator, and instructed
the minister of Costa Rica at Paris and at Madrid to protest
before the suitable person and to solicit the kindly mediation of
the arbitrator (the Government of Spain) in order to recommend
to Colombia proper forbearance..

479

The minister of Costa Rica addressed a protest against the
mentioned measurement of lands and against their eventual ad-
judication to the president of the Panama Canal Company, in a
letter of December 18, 1888 (repeated 18th of January, 1888,
Inclosure No. 3), and appealed to the good offices of the minister
of state of Spain in a note of the 19th of the same January (In-
closure No. 4).

The Government of Costa Rica has recently learned that before
or during the month of November, 1891, there was legally formed
in the State of New Jersey a company provided with a conces-
sion from the Government of Colombia to open a road from
Bocas del Toro as far as David, making besides a rich grant of
lands to said company.

As the concession is situated in a portion of the territory in
litigation the Government of Costa Rica has directed me to pro-
test formally and solemnly against the concessions made to the
New Jersey and against the measurements of the Panama
Canal Company, in order that it may be known and under-
stood that if it is disposed to respect trujy and religiously the
rights acquired in virtue of the common laws and the public
treaties anterior to the arbitration treaty of 1880, it will not
recognize the validity of any concession later than the year 1880
if it had not been duly executed and confirmed by it, in case of
the said concession being situated in the territory adjudged to
Costa Rica by the decree of arbitration which is to determine
the boundary line of the Republics of Costa Rica and Colombia.

This I have the honor to communicate to your excellency for
the information of your Government and of the citizens of the
United States of America whom it may interest.
I avail myself, etc.,

ManuiEL M. Peiralta.

480

Doc. 38? Mr. Gresham to Mr. Baker.

(No. 28) Departme^nt oi^ Stater,

Washington, July 14, 1893.i

Sir : You will find on the files of your legation the full record
of the correspondence exchanged during the past few years,
touching the attitude of the Government of the United States
toward the arbitration of the long-pending boundary dispute be-
tween Costa Rica and Colombia under the convention between
those States of December 25, 1880, and the additional convention
signed at Paris January 20, 1886.

The arbitration so agreed upon was initiated with the accept-
ance of the office of arbitrator by the Queen Regent of Spain on
behalf of His Majesty Alfonso XIII; but a contention having
arisen touching the date from which to compute the twenty
months prescribed by the convention for the presentation of the
cases of the respective parties to the arbitrator it has been alleged
by Colombia that the cases have not been presented within the
stipulated term, and that the power of the arbitrator to act in
the premises has lapsed. The cases have not in fact been pre-
sented, and the Queen Regent's Government has accepted the
position of Colombia, although not without expression of its
view that the prescribed period was still open, and with expres-
sion of cordial readiness to resume the function of arbitrator
should the Governments of Costa Rica and Colombia compose
their difiference in this regard and request continuance of the
arbitration.

The Government of Costa Rica has on several occasions
solicited the good offices of the United States toward continuing
the arbitration and requested this Government to represent to
that of Colombia the propriety and advantage of so doing.

The government of the United States, maintaining the friendly
and impartial consideration for both parties to the dispute which
it has consistently shown since the settlement thereof by arbitra-
tion was first broached, is as indisposed to support the claim of
Costa Rica that the arbitration is still validly open as it is to
accept the converse claim of Colombia that it has lapsed. Not

'Foreign Relations, 1893, p. 202.

4^1

being in any sense a party to the arbitration, and moved only by
the desire to preserve the rights of its citizens in the territory in
dispute and to fulfill the international obligations of existing
treaties the Government of the United States has consistently
testified its lively interest in the controversy and its earnest de-
sire that a settlement be reached. It is especially led to this
course by the fact that the United States are, by the treaty of
1846 with New Granada, now Colombia, guarantors of the rights
of sovereignty and property which Colombia has and possesses
over the territory of the Isthmus of Panama "from its southern-
most extremity until the boundary of Costa Rica," and this Gov-
ernment is therefore interested in knowing the limits of the guar-
antee it has so assumed, and regards it as a solemn duty of
friendship and good neighborhood to do what it can toward the
determination of its own rights and duties in respect to a terri-
tory the bounds of which are unfixed and in controversy.

Without, therefore, expressing any opinion touching the merits
of the dispute now pending between Costa Rica and Colombia
concerning the continuing validity of the boundary arbitration
under the treaty of December 25,- 1880, and without relinquishing
the stand it has heretofore taken in regard to the rights of third
parties in such arbitration, the Government of the United States,
in a spirit of complete disinterestedness, feels constrained to rep-
resent to the two governments of Costa Rica and Colombia its
earnest desire and hope that they shall waive the comparatively
trivial obstacle to the accomplishment of the larger purpose of
amicable arbitration which they have both advocated, and that
they shall come to an understanding whereby that high aim
shall be realized, either by the continuance of the arbitration
under Her Majesty the Queen Regent of Spain, or if Her Ma-
jesty be indisposed to resume her functions, then by the alterna-
tive method already agreed upon, or by resort to any impartial
arbitrator.

The President, in directing you to convey these views to the
Government of Costa Ricoi, especially desires you to impress upon
the minister of foreign relations his sincere conviction that the
agreement of arbitration entered into by the two nations consti-
tutes an obligation between them which neither is morally free

48a

to disregard on grounds of technical formality, and his confidence
that they will use their concurrent endeavors to promote its suc-
cessful issue.
I am, etc.,

W. Q. GrESham.

Doc 388 Mr. McKinney to Mr. Suarez.

Legation of the Unitep States,

Bogota, August 21, 1893.i

Sir: I am instructed by the Department of State at Wash-
ington, to communicate to you the earnest desire of the Govern-
ment of the United States for the settlement of the boundary
dispute between Colombia and Costa Rica, as agreed in the con-
vention between the two States, of December 25, 1880, and the
additional convention signed at Paris, January 20, 1886.

The Government of the United States, maintaining friendly
relations with both the parties to the dispute, is as indisposed to
support the claim of Costa Rica, that the arbitration is still validly
open, as it is to accept the converse claim of Colombia^ that it
has lapsed.

Not being in any sense a party to the arbitration, it is moved
only by the desire to preserve the rights of its citizens in the ter-
ritory in dispute, and to fulfill the international obligations of
existing treaties.

The United States are by the treaty of 1846 with New Gra-
nada, now Colombia, guarantors of the rights of sovereignty and
property which Colombia has and possesses over the territory
of the Isthmus of Panama, "from its southern extremity until
the boundary of Costa Rica."

The Government is therefore interested in knowing the limits
of the guaranty it has assumed, and regards it as a duty of friend-
ship to do what it can toward the determination of its own
rights and duties in respect to a territory the bounds of which
are unsettled and in controversy.

Without therefore expressing any opinion touching the merits
of the dispute now pending between Colombia and Costa Rica,
the United States, in a spirit of complete disinterestedness, feels

'Foreign Relations, 1894, p. 180, 181.

483

constrained to represent to the Government of Colombia, 2iS also
of Costa Rica, its earnest desire and hope that they shall waive
the comparatively trivial obstacle to the accomplishment of the
larger purpose of amicable arbitration, which they have both
advocated, and that they shall come to an understanding where-
by that high aim shall be realized either by the continuance of
the arbitration under Her Majesty the Queen Regent of Spain,
or if Her Majesty be indisposed to renew the functions, then
by the alternative method already agreed upon, or by resort to
any impartial arbitrator.

The President, in directing me to convey these views to the
Government of Colombia, desires me to impress upon your ex-
cellency his sincere conviction "that the agreement of arbitration
entered into by the two nations constitute an obligation between
them which neither is morally free to disregard on grounds of
technical formality, and his confidence that both Governments
will endeavor to promote its successful issue."

I avail, etc.,

Luther F. McKinn^y.

Mr. McKinney to Mr. Gresham. Doc. 38a

Legation of the United States,
Bogota, August 24, 1893.i (Received September 20).

Sir : I have the honor to acknowledge the receipt of your No. 6,
dated July 14, 1893, relating to the boundary dispute between
the governments of Colombia and Costa Rica.

In accordance with your instructions, I have had an interview
with the secretary for foreign affairs and endeavored to impress
upon him the importance to all parties concerned of the settle-
ment of this dispute.

He informs me that his Government is at the present time
preparing a basis for a new treaty with Costa Rica on the bound-
ary question and hopes to be able to present it to Costa Rica for
their approval in a few weeks.

They propose to submit the question of arbitration to the
Government of Spain ; that the decision of the arbitrator shall be

* Foreign Relations, 1893, p. 266.

484

final and go into immediate effect; that the governments of Co-
lombia and Costa Rica shall divide the expenses, etc.

He has promised to forward to this legation a copy of the
draft before it is submitted to Costa Rica.

I will cable the Department of State when the draft is for-
warded to Costa Rica, and I would suggest that, if it appears
fair to both parties concerned, you urge upon the Government of
Costa Rica the acceptance of the treaty, to the end that this long
disputed question may be finally settled.

I am, etc.,

LUTHE^R F. McKlNNEY.

Mr. Baker to Mr. Jimenez.

Legaton of the United States,

Managua, September 1, 1893.^

Sir: I am instructed by the President of the United States
to open correspondence with the Government of Costa Rica
upon the subject of the arbitration of the long-pending boundary
dispute between Costa Rica and Colombia. Under the conven-
tion between those States of December 25, 1880, and the addi-
tional convention signed at Paris, January 20, 1886, an arbitra-
tion was agreed upon and initiated with the acceptance of the
office of arbitrator by the Queen Regent of Spain on behalf of
His Majesty King Alfonso XHI ; but I am instructed a con-
tention has arisen touching the date from which to compute the
twenty months prescribed by the convention for the preservation
of the cases of the respective parties to the arbitrator. It has
been alleged by Colombia that the cases have not been presented
within the stipulated term and that the power of the arbitrator
to act in the premises has lapsed. The cases have not, in fact,
been presented, as I am informed, and the Queen Regent's Gov-
ernment has accepted the position of Colombia, although not
without expression of its view that the prescribed period was
still open, and with expression of cordial readiness to resume
the function of arbitrator should the Government of Costa Rica

'Foreign Relations of the United States, 1894, p. 439.

485

and Colombia compose their differences in this regurd and re-
quest continuance of the arbitration.

The Government of Costa Rica has on several occasions solic-
ited the good offices of the United States toward continuing the
arbitration, and requested this Government to represent to that
of Colombia the propriety and advantage of so doing.

The Government of the United States, maintaining the friendly
and imparitial consideration for both the parties to the dispute
which it has consistently shown since the settlement thereof by
arbitration was first broached, is as indisposed to support the
claim of Costa Rica that the arbitration is still validly open as
it is to accept the converse claim of Colombia that it has lapsed.
Not being in any sense a party to the arbitration, and moved only
by the desire to preserve the rights of its citizens in the territory
of dispute and to fulfill the international obligations of existing
treaties, the Government of the United States has consistently
testified its lively interest in the controversy and its earnest desire
that a settlement be reached. It is especially led in this course
by the fact that the United States are, by the treaty of 1846 with
New Granada, now Colombia, guarantors of the rights of sov-
ereignty and property which Colombia has and possesses over
the territory of the Isthmus of Panama "from its southernmost
extremity until the boundary' of Costa Rica" and this Govern-
ment is therefore interested in knowing the limits of the guar-
antee it has so assumed ; regards it as a solemn duty of friendship
and good neighborhood to do what it can toward the determina-
tion of its own rights and duties in respect to a territory the
bounds of which are unfixed and in controversy.

Without, therefore, expressing any opinion touching the merits
of the dispute now pending between Costa Rica and Colofnbia
concerning the continuing validity of the boundary arbitration
under the treaty of December 25, 1880, and without relinquishing;
the stand it has heretofore taken in regard to the rights of third
parties in such arbitration, the Government of the United States,
in a spirit of complete disinterestedness, feels constrained to pre-
sent to the two Governments of Costa Rica and Colombia its
earnest desire and hope that they shall waive the comparatively
trivial obstacle to the accomplishment of the larger purpose of
amicable arbitration which they have both advocated, and that

486

they shall come to an understanding whereby that high aim shall
be realized, either by the continuance of the arbitration under
Her Majesty the Queen Regent of Spain, or if her Majesty be
indisposed to resume her functions, then by the alternative
method already agreed upon, or by resort to any impartial arbi-
trator.

The President of the United States, in directing me to convey
these views to the Government of Costa Rica, especially desires
me to impress upon the minister of foreign relations his sincere
conviction that the agreement of arbitration entered into by the
two nations constitutes an obligation between them which neither
is morally free to disregard on grounds of technical formality;
and his confidence that they will use their concurrent endeavors
to promote its successful issue.

It will give me great pleasure to forward to the President of
the United States your favorable reply to this communication.
I am, etc.,

Lewis Baker.

Doc. 391 Senor Suarez to the Minister of Foreign Relations of

Costa Rica.

Ministry for Foreign Rei^ations,

Bogota, September 6, 1893.i

Mr. Minister: I have the honor to answer the note of the
29th of last June, in which your excellency refers to the settle-
ment of the boundary between Costa Rica and Colombia, an
affair which has been a subject for much discussion between the
two governments, and which was submitted for arbitration to the
Government of Spain until the respective conventions were re-
jected, because the time had expired within which the decision in
regard to the controversy of the boundary limits should have been
rendered.

Your excellency is surprised that the Government of this Re-
public neglected to communicate to the Government of Costa Rica

' Foreign Relations, 1893, p. 267, 268, 269.

487

its intention to denounce those acts, and that it confined itself
to making its declaration to the arbitrator in person.

The surprise of your excellency would be well founded if the
note which this office sent you on the 16th of March, 1891, had
been honored with an answer, but having waited in vain for the
said reply, this office concluded that the Government of Costa
Rica no longer considered it necessary to treat directly with
Colombia in regard to this matter. Moreover, in the^ notes
whereby the Government of Spain was made aware of our in-
tention to reject the conventions, care was taken to inform the
Government of Costa Rica that they would also be informed of
this fact, after the last pending note should be answered, relative
to the settlement of a provisional boundary by which mutual and
frequent complaints could be avoided, and it was added that every
means should be used to renew the treaties and to prolong the
jurisdiction of the arbitrator, always provided that he should
consent to act in this capacity for the two republics and do them
the favor and the honor to study and decide the subject referring
to their common frontier.

Your excellency can ascertain this by looking at the notes, of
which I have the honor to send an authorized copy.

Your excellency is also surprised that the Government of this
Republic should have rejected the treaties after the arbitrator
had declared, without any objection on the part of Colombia or
Costa Rica, that the boundary question between these two states
should not be touched until after the question between Colombia
and Venezuela had been decided, and until after the acceptance
of the arbitrament, and for the same reason the decision regard-
ing the limits should not commence to be reckoned until the
decision in regard to that other matter had been rendered.

In order to be able to ascertain the force of the argument it
must be remembered that the arbitrator accepted the commission
on a certain date ; that he at that time decided that this question
should be studied after the questions relative to the arbitration
between Colombia and Venezuela should have been decided, a
thing which was likely to happen any minute ; that sixteen months
after having accepted the jurisdiction he stated that the twenty

488

months' limit allowed him in which to render the decision should
not commence to be computed on the date of acceptance, but
rather, after the controversy in regard to the boundary between
Colombia and Venezuela had been decided, and that the parties,
made no objection to such a proposal, although the representa-
tive of Colombia took care to inform the diplomatic agent of
Costa Rica, Sehor Peralta, of the necessity of rectifying the
treaties.

Thus the question which has been discussed is as follows: An
agreement was entered into between two nations to determine by
arbitration their common frontier; the decision of this serious
and important question was to be given within a fixed time. Can
the time which is definitely named in these treaties be indefinitely
postponed by any other will or authority than that which gives to
them force and validity?

This question is so clear that no misunderstanding can arise in
the answer. However, supposing its solution were doubtful, this
other question would arise, equally important, and worthy of the
strictest attention, namely, jurisdiction being doubtful, and the
power being given by two states to an arbitrator to decide a
controversy so interesting as that in international limits, will it be
prudent, just, or right to hazard the success of a decision re-
quiring so much labor, and of a judgment worthy of respect, by
neglecting to remove errors from the treaties, or to correct any-
thing which might make them worthless in the future?

Thus the Government of Colombia, recognizing, as any just
and honorable government must, the necessity of repairing a bad
foundation in a costly edifice, has worked for the desired end with
the impartiality called for by the rights and interests of both
parties, with the frankness and fidelity which the gravity of the
situation demands, and with the respect which is owed to the high
arbitrator, whose decision ought never to be considered as doubt-
ful. Your excellency thinks it strange that the Colombian Gov-
arbitrator, whose decision ought never to be considered as doubt-
ary between Colombia and Costa Rica after Dr. Antonio Roldan
and the undersigned then acting minister of foreign aflfairs, had
stated in letters, written after Colombia had announced the lapse
of such treaties, that it was still hoped that Spain would settle the
pending question.

489

In the first place these opinions alone, expressed before an
accurate calculation of the terms had been made, bearing in mind
the dates of the letters of acceptance of the arbitrator, and of his
declarations to that effect, these opinions, I say, are wanting in
that force which would be necessary to continue a jurisdiction
which Congress alone has the power to do, in conformity with the
public law of the nation. In the second place, if your excellency
will have the kindness to look at the notes of October 19, 1891,
and March 17, 1892, sent by this office to his Catholic Majesty,
through his legation at Bogota, you will find that the Government
of this Republic, while rejecting the treaties, stated at the same
time its intention to renew them if Costa Rica should give her
consent, and prolong the jurisdiction conferred upon the Govern-
ment of Spain, provided that this high arbitrator should deign to
accept it.

Thus the ideas of Sefior Roldan and of the undersigned re-
garding the decision to be given by the Spanish Government were
in harmony with the provision voluntary then, as to-day, that the
decision shall have that high origin, because it is scarcely possible
that Costa Rica will refuse to accept the propositions of Colombia
in regard to the renewal of the treaties.

From the foregoing I hope that your excellency will see that
the Colombian Government, far from rejecting the idea brought
forward by Costa Rica, in the note which I have the honor to
answer, strove to suggest it, in the very act by which it announced
the lapse of the treaties. Therefore there will be no unwilling-
ness on the part of the Republic that the negotiations which may
be necessary for the renewal of these conventions be held at
Bogota^ or Alalrid, whereby a treaty may be made, in which the
same referee may be named, and in which the boundary limits
are clearly and exactly stated, and which contains clauses of
obvious advantage, such for instance as those relating to the ex-
penses of the trial, to the carrying out of the sentence, and to the
committee which must be named for studying the ground before
the decision is given, or to mark the boundary line decided upon
by the arbitrator, etc. But to accomplish this it is indispensable
that your excellency's Government, as soon as it finds time,
answer the above-mentioned note which the Colombian Govern-
ment had the honor to send you March 16, 1891, and in accord-

490

ance with this note, do all that is possible to decide upon a tem-
porary boundary, to the end that the frequent quarrels and vexa-
tions may be avoided which arise through the trespassing by
agents of Costa Rica upon territory which is recognized by your
Government in the actual possession of Colombia. Repeated and
friendly complaints have been sent by my Government to that of
Costa Rica in regard to this matter before commencing, as was
right, direct measures to avoid the violation of a statu quo which
is by common accord perfectly legal until the jurisdiction of the
frontiers shall be definitely settled.

Frankly speaking, the note to which I refer was sent in order
to obtain an amicable solution of this question, which is urgent
in spite of its temporary character. Not only have we waited
in vain for a reply to this note, but we have received with increas-
ing wonder the complaints of the authorities of this Government
at Bocas del Toro, making public new acts of violation of the
territorial sovereignty of Colombia, committed by citizens or
agents of Costa Rica.

With such a condition of affairs and while the two govern-
ments, animated by brotherly friendship, neglect to put a stop to
such irregular proceedings, the Government of Colombia does
not desire, nor would she be able in fact without injuring her
rights and interests, to again renew the arbitration treaties re-
garding the frontiers. For in all such acts the greatest harmony
and good will must prevail between the two parties.

It would be impossible, for Colombia to sign an arbitration
treaty regarding boundary limits, and at the same time be obliged
to repel invasions of territory which is in her possession, her ex-
postulations being disregarded.

I take, Mr. Minister, etc.,

Marco F. SuArez.

491

Mr. McKinney to Mr. Gresham. Docaga

(No. 19.)

Legation oi? the United States,

Bogota, September 29, 1893.i
(Received October 31.)

Sir: In continuation of my No. 12 in answer to your No. 6,
I have the honor to say that I, immediately on receipt of your
communication, sent an official dispatch to the minister of foreign
affairs, in which I expressed the feeling of the Government of
the United States in regard to the boundary question between
Colombia and Costa Rica.

The minister of foreign affairs personally requested that I
withdraw the official communication on the plea that he preferred
to deal with this legation upon such matters in personal inter-
views.

On his urgent request I withdrew the document and he prom-
ised before he sent an official communication to the Government
of Costa Rica regarding the boundary question he would transmit
a copy to me, that I might ask my Government to use its good
services to induce Costa Rica to accept the propositions of the
Colombian Government. It appears that the letter of the Colom-
bian Government was sent to Costa Rica on the 6th of Septem-
ber, while we were not given its contents until the 21st of Sep-
tember, when he sent us a copy published in the official organ of
the Government, a copy and translation of which I inclose.

I also inclose a copy and translation of his letter to me.

On account of so long a time having elapsed since the commu-
nication was sent to Costa Rica, I did not deem myself justified
in sending a cable upon the subject.

I am, etc.

Luther F. McKinney.

* Foreign Relations, 1893, p. 266.

'492

Doc. 393 Mr. Jimenez to Mr. Suarez.

Department of Foreign Relations,
Costa Rica, San Jose, November 18, 1893.^

Mr. Minister: The Government of Costa Rica has always
desired, and still desires, to put a just and decisive end to the
boundary dispute between the two Republics.

Urged not only by motives of mutual advantage to two neigh-
boring states of common origin and of the same historical aspira-
tions, but also by reasons of great economical importance, such as
the removal of the obstacles which, on account of the existence of
the dispute, drive away, up to a certain point, moral and material
progress in the zones of the Atlantic and Pacific of both countries.
To this end, every means compatible with the national honor has
been tried. Its boundary treaties, its arbitration conventions, and
its diplomatic correspondence prove my words.

With this understanding, and based upon the principles of
justice which determine the validity of international acts, it has
supported, in accordance also with the opinion of the Spanish
Government, the judge of this lawsuit, the noncaducity of the
arbitration convention celebrated by both States -the 25th of De-
cember, 1880, and the additional convention of Paris dated Jan-
uary 20, 1886, in regard to which your excellency's Government
unexpectedly declared the authority of the arbitrator instable,
when the decision, it may be said, was on the point of being given.
Having stated my Government's wishes, which I sincerely trust
are also your excellency's and the powerful reasons which led
to them, I have thought it opportune to reply thus to the com-
munications of your department of March 16, 1891, and Sep-
tember 6th of the present year, for any other reply could but give
rise to long and useless discussions between the two cabinets,
without obtaining any practical results, or one mutually satis-
factory.

In accordance, therefore, with these aspirations, the principal
object of the present dispatch, the President of the Republic has
instructed me to propose to the honorable and just Government
of Colombia that the validity or nonvalidity of the above men-

* Foreign Relations, 1894, p. 182.

402

tioned conventions be submitted to arbitration, during which time
there is no objection to the appointment of a Costa Rican or
Colombian legation, which, with the delegates of the respective
Governments, shall try to draw up a boundary treaty, or an
arbitration convention, and to decide upon the temporary fron-
tiers of the two countries. With sentiments of high esteem
and distinguished consideration, and awaiting your reply, in
regard to the proposed point,
I have, etc.,

Manue^l V. Jimenez.

Mr. Suarez to Mr. Jimenez. j^^^

REPUBLIC OF CoivOMBIA,

Department of Foreign Relations,

Bogota, January 4, 1894.i

Mr. Minister: I have the honor to acknowledge the receipt
of your excellency's note of November 18, 1893, regarding the
boundary question between Colombia and Costa Rica, a matter
which has for some time occupied the attention of our two
Governments. The Government of Colombia, as well as that of
Costa Rica, has always desired and still desires to settle this
matter in a just and decisive way. The same motives which
animate your excellency's Government in this matter, impel also
the Colombian Government, for it is urged not only by motives
of mutual convenience to the two States, but also by considera-
tions of economical importance such as your excellency men-
tioned in the note which I now have the honor to answer. The
Colombian Government finds itself in similar circumstances as
regards Costa Rica, in all that relates to the means of accomplish-
ing its wishes, in a friendly and just way, as is proved by the
treaties and conventions concluded with this intention, and the
correspondence exchanged with your excellency's Government.

This correspondence, from its beginning up to the last notes
addressed by this department to that under your excellency's
charge, evidently shows a desire to have the boundary question
difinitely and bindingly settled. For as soon as it became evi-

' Foreign Relations, 1894, p. 183, 184.

494

dent that the vaHdity of the treaties was doubtful, the Govern-
ment of the Republic hastened to mention it, at the same time
inviting Costa Rica to renew the said compacts, and giving a
practical proof of its desire to prevent the boundary decision
from being null and void. Therefore, my Government is cer-
tain it has given the best practical proof of its desire for the
settlement of this matter, for it has prevented useless work in the
accomplishment of this settlement, and at the same time has
invited Costa Rica, with the greatest good will, to remove in
good time any cause of failure in the laborious work of the arbi-
trator and of the interested parties.

As these sentiments exist, and as it is not to be supposed that
the Government and people of Costa Rica fail to respond to this
friendly and loyal conduct, or willfully misinterpret it, this de-
partment thought that the governments were in perfect accord,
as regards the ideas (and propositions) referring to the conclu-
sion of a new treaty, and to the establishment of a provisional
boundary which would enable the final decision to be calmly
awaited. This belief has been confirmed by your excellency's
letter, which I now answer ; and in consequence, and according
to the instructions of the vice-president of the Repubhc, I take
pleasure in renewing to your excellency the invitation contained
in my preceding note, as the Colombian Government desires the
renewal of the treaties and the establishment of a provisional
boundary.

As the two governments agree upon this point, there is abso-
lutely no necessity for wasting time and money in concluding an
arbitration treaty referring to the validity of former treaties, a
thing entirely unnecessary, inasmuch as the Governments of
Colombia and Costa Rica desire to ratify, without loss of time,
those treaties.

Once ratified, there would be no object in discussing the theo-
retical question of the value of the renewed treaties.

Accept, etc.,

Marco F. Suars^z.

495

Mr. Jimenez to Mr. Baker. Doc 395

Ministry of Foreign Relations oe Costa Rica,

San Jose, November 20, 1893.i

Mr. Minister: In reply to your courteous communication of
September 1 and October 30 last, I have the honor to advise
your excellency that the Government of Costa Rica, in a com-
munication of the 19th instant, offered to the Government of
Colombia to submit to arbitration the question of the validity of
th'e convention of arbitration to solve the question of limits exist-
ing between both Republics, entered into respectively the 25th of
December, 1880, and the 20th of January, 1886, by diplomatic
representatives of both countries ; this, however, not to prevent
the high interested parties to negotiate through legations named
for that purpose a treaty of limits of a new convention of arbi-
tration, and to fix the provisional frontiers between both countries.

Having given you the views of my Government on this sub-
ject, I hope that your excellency will communicate them to the
Government of the United States of America, which we con-
fidently hope will exercise its good and most important friendly
offices with that of the Republic of Colombia to that effect. '

In conclusion, I beg to advise your excellency that your dis-
patch of September 1 had not been answered before this. The
cause of this delay is that this ministry awaited a reply to a com-
munication addressed to the ministry of foreign relations of
Colombia on the subject of the present dispatch.

I am, etc.,

Manuel V. Jimenez.

Mr. Jimenez to Mr. Suarez. Doc. 396

Department of Foreign Relations,
Costa Rica, San lose, November 20, 1893.i

Mr. Minister: Amplifying the ideas contained in my note of
the 18th of the present month, I have the honor to tell your ex-
cellency that this department has just received your excellency's

^ Foreign Relations of the United States, 1894, p. 440.
* Foreign Relations, 1894, p. 182, 183.

4%

dispatch of March 16, 1891, in reply to my Government's note
proposing the adoption of a provisional frontier between Colom-
bia and Costa Rica. Your excellency manifests in your letter
the satisfaction with which your Government embraces the idea,
but you state that the line which the "Castro- Valenzuela" treaty
established is not acceptable to Colombia; and propose in its stead
the river "Doraces," the mountain chain "Las Cruces'' and the
river "Golfitor

I have the honor to tell your excellency that the proposition
you make is full of obstacles which render it entirely unaccept-
able, for it would leave on the side of Colombia territories which
belong to Costa Rica not only by right, but by act. Moreover,
the question would still remain in regard to the great extension of
territory, referring, as the said limit line does, to places about
which no two maps agree. The circumstance that the proposition
of your excellency's Government was not acceptable to Costa Rica,
and that, shortly after the receipt of your note of March 16, my
Government learned that the " Colombian- Venezolana" boundary
question had been settled by the Spanish Government, and that
the said Government would immediately take up the boundary
question between Colombia and Costa Rica, led my Government
to suspend, as unnecessary, the discussion in regard to an agree-
ment of a statu quo.

As the decision had almost been rendered, which would have
definitely established the frontier line of our two countries, it
was unnecessary to discuss longer a provisional arrangement
which had only been commenced in the belief that the date of the
final decision was exceedingly remote. Moreover, as the incident
in regard to the validity of the time limit within which the Gov-
ernment of His Catholic Majesty was to try the boundary ques-
tion between the two States according to the treaties in force,
serves to prolong the decision in regard to the principal matter,
my Government thinks that it would be very acceptable to appoint
a Costa Rican or Colombian legation which could proceed to the
business mentioned in my dispatch of the 18th of the present
month.

I am, etc.,

Manuei. V. Jimenez.

497
Mr. Suarez to Mr. Jimenez. Doc. 397

, Republic of Colombo
Department of Foreign Relations,

Bogota, January 12, 1894.^

Mr. Minister: Once more, and obliged by recent reports re-
ceived by the Colombian Government, I have the honor earnestly
to call your excellency's attention to the grave fact that Costa
Rica, as is asserted, is performing jurisdictional acts on the right
bank of the river Sixaola, which river, as that Government has
admitted, is to mark the border line of the present possession of
our two countries. If this fact is so, the Colombian Government
making use of the right which is conferred upon it by the said
admission, and complying with the common obligation which has
for some time bound the two republics, namely, to respect the
status quo of the international possession, will be obliged to pro-
ceed to positive acts in the defense of the inviolability of the said
territory. It is not to be supposed, however, in view of the
wisdom and fairness which distinguish your excellency's Gov-
ernment, that it will be necessary to proceed to such extremes.
Wherefore, once again, I beg your excellency to do all in your
power to stop that occupation, against which, to protect the in-
terests of Colombia, I solemnly protest.

I also avail myself of this opportunity, Mr. Minister, to again
call your excellency's attention to the need of completing as soon
as possible as a practicable demonstration of incontestable force
the adjustment of the provisional boundary between Colombia
and Costa Rica. The mutual relations of the two States being
so cordial and the inclinations being so sincere in favor of a
final settlement of the boundary question by means of arbitration,
it is evident that the complaints arising from the want of such
temporary arrangement may have a pernicious effect upon these
kind feelings.

I beg, etc.,

Marco F. Suarez.

' Foreign Relations, 1894, p. 184, 185.

4')8

Doc. 398 Mr. Jimenez to Mr. Suarez.

RepubIvIC of Costa Rica,
Department OF Foreign Relations,

San Jose, February 13, 1894.i

Mr. Mimstkk: 1 have had the honor to receive your excel-
lency's communication of the 12th of last January, in w^hich you
call the attention of my Governmtnt to the fact that Costa Rica
is committing jurisdictional acts upon the right margin of the
"Sixaola," in violation of the statu quo in force between the two
countries. Therefore, my Government, always jealous in regard
to the fulfillment of its international duties, feels obliged to in-
form your excellency that it has not dictated any act in deterior-
ation of the statu quo, and that in order to obtain the most ac-
curate solution of this delicate matter, it has requested informa-
tion from the respective authorities, and hopes that the Colom-
bian Government will have the kindness to expressly state the
acts which led to its reclamation, in order to proceed according
to the dictates of justice and international law.

I have also the honor to inform your excellency that my Gov-
ernment has named two scientific commissions, one under the
charge of Nbval Capt. Don Eliseo Fradin, and the other under the
charge of Don Enrique Pittier, the object of the first commis-
sion being to make a plan of the Sixaola, Tarire, Tiliri or Tilorio,
of the Yurquin, tributary of the latter, known in Colombia under
the name of Dorado, or Horaces, aside from other rivers and
places of that locality, situated in Costa Rican territory; and the
object of the second commission being to astronomically estab-
lish the position of the Sixaola, or be it, the point at which the
Tiliri or Tilorio flows into the Atlantic, and the spot at which
the latter joins the Yurquin, whose right bank is considered as
the limit of the statu quo ; and also of Sipurio or be it, San Ber-
nardo, situated unquestionably in Costa Rican territory, and of
other important places of that region.

The said commissions left this capital eight days before the
receipt of your excellency's communications, I therefore do not
believe that it could have referred to them ; but I take this oppor-

' Foreign Relations, 1894, p. 190, 191.

499

tunity to inform your excellency that these commissions have
been appointed for the study of the frontier territory. After the
foregoing explanation, which is a guarantee of the fair dealing of
my Government, I trust that the Colombian Government will be
satisfied; and with the assurances of my high appreciation and
distinguished consideration,
I remain, etc.,

Man^jel V. Jimenez.

Mr. McKinney to Mr. Gresham. Doc.sgg?

No. 34.

Legation of the United States,

Bogota, January 12, 1894.^

Sir: I have the honor to acknowledge the receipt of your No.
32, of November 27, regarding the complaint of the Colombian
minister that the tone of my communication, by which I trans-
mitted your desire regarding the Costa Rica boundary question
to the Colombian Government, was not in harmony with the spirit
of the friendly relations existing between the two Governments.
In communicating your instructions, I followed very closely the
language of your letter, as you will see by the copy I enclose.
I withdrew this letter at the request of the minister of foreign
affairs, because he said he preferred to deal with the American
legation on questions of this kind by private interviews. He
said they desired the good services of the United States in urging
Costa Rica to accept it, and promised to send a copy of the propo-
sition to this legation before it should be forwarded to Costa Rica.

They failed to comply with seeming friendly promise, and we
did not receive a copy until two weeks after its transmission to
Costa Rica, when it had been published in the official organ of
the Government.

I learned then that the Colombian Government did not wish to
acknowledge the right of our Government to interfere in any way
between two South American governments. I called the atten-
tion of the minister of foreign affairs to his failure to fulfill his
promise, and politely intimated to him that his action in the
matter, under the circumstances, was in the nature of a slight

* Foreign Relations, 1894, p. 180.

Doc. 400

500

to the United States. He disclaimed any such intentions, and
explained that on account of the great length of the document,
and the time required to copy it, they had decided to wait for its
publication before transmitting it to this legation. I am now-
convinced that his request for the withdrawal of my note was
not inspired by the strong spirit of friendship which he professed,
but through a desire to prevent any record being made of inter-
ference by the Department at Washington.

If there is any cause of complaint in this matter, it seems to
me in should come from the Government of the United States.

I am, etc.,

L. F. McKiNNEY.

Mr. Jimenez to Mr. Suarez.

Republic of Costa Rica,
Department of Foreign ReIvATions,

San Jose, February 12, 1894.i

Mr. Minister: I have had the honor to receive your excel-
lency's letter, dated on the 4th of last January, in answer to the
one sent by this department on the 18th of November, 1893, both
referring to the boundaries between Colombia and Coskt Rtca,
the solution of which matter would be of the greatest benefit to
both States.

It -was a great satisfaction to my Government to note in your
excellency's letter that the illustrious Government of Colombia is
animated by the same desires which that of Costa Rica has always
entertained, in regard to the early termination of this matter
in a just and decisive way, thus guaranteeing and strengthening
more and more the friendly relations between the two countries,
and at the same time eliminating obstacles which hinder the
greater growth of their economical interests. It is likewise
pleased that the Colombian Government agrees about the meas-
ures to be adopted, in order to realize in a just and friendly way
that their common aspirations, viz, that the boundary question
be settled by an arbitrational decision; and in the meantime that
temporary limits be named, which will abolish all difficulties of

'Foreign Relations, 1894, p. 189, 190.

501

jurisdiction which might cool the spirit of cordiality which in-
spires the people and Governments that are neighbors and
brothers.

As both Governments therefore agree upon the fundamental
points in regard to the proceedings necessary to decide their law-
suit, it would seem conducive that the said points be put into
practice; wherefore, the President of the Republic has instructed
me to propose to your excellency's Government that it authorize —
which Costa Rica will likewise do — its diplomatic representative
in Washington to renew the convention of arbitration in regard
to the final boundaries, and while this is being perfected, to cele-
brate a provisional boundary convention.

This proposition from my Government, as your excellency well
knows, does not signify that my Government acknowledges the
invalidity of the former boundary conventions, whose force has
always been upheld, as the correspondence between this depart-
ment and that under the worthy charge of your excellency will
show, but its constant eagerness to facilitate the prompt solution
of a lawsuit, the definite end of which interests greatly both
republics.

Accept, etc.,

Manuel V. Jimenez.

Mr. Rengifo to Mr. Gresham. Doc. 401

Legation of Coix)mbia,
Washington, February 22, 189^.^

(Received February 23.)

Sir: When, in pursuance of the express instructions of my
Government, I intended to make certain statements to the honor-
able Secretary of State relative to the boundary question pending
between Colombia and Costa Rica, I learned with surprise that
the U. S. Government was under the impression that my Govern-
ment had not accepted the kind assurance of its friendly desire
for the settlement of that dispute in accordance with the spirit of
the treaty that was concluded to this effect, some years ago by
the two countries, and I deem it my duty to dispel that erroneous

• 'Foreign Relations, 1894, p. 185, 186, 187, 188.

502

impression, which the course actually pursued by my Govern-
ment is very far from justifying, as I hope to have the honor
to show by means of a simple statement of what has taken place
in connection with this matter.

The honorable American minister at Bogota addressed to the
minister of foreign relations of the Republic a communication
with the precise contents of which I am not familiar, but which
I have good reason to presume contained an expression of the
friendly desire of the U. S. Government for a settlement, by
arbitration, of the differences in respect to boundaries which have
existed for some time between my Government and that of Costa
Rica. The aforesaid high Colombian functionary, being in-
fluenced by the most cordial feelings, personally solicited the
Honorable Mr. McKinney to withdraw that note, it being his
intention to discuss the case privately and confidentially, and
by no means to act in a way that could offend a nation upon whose
friendship the Government of Colombia places the high value
which it deserves, and with which nation it earnestly desires to
draw its relations constantly closer. The honorable American
minister complied with the desire that had been expressed to him,
and the point was taken into consideration in the manner pro-
posed, to the satisfaction of both parties, its result having been
an additional evidence of the special regard felt by my Govern-
ment for that of the United States. In proof of this assertion,
I take the liberty to quote the very language used by the Honor-
able Mr. McKinney in his note of October 2 to the minister of
foreign relations. He there said:

"You will remember that some time ago I wrote you in regard
to the Costa Rican boundary question. You personally requested
that I withdraw my official letter, as you preferred to talk that
question over privately. In deference to your wish I did so, and
offered to ask the good services of my Government to urge the
acceptance of your proposition by Costa Rica. You thanked me
for my good will, and promised to send me an abstract of your
proposition to Costa Rica before you transmitted a copy to the
Government of Costa Rica, that I might present my Government
with the same."

I also quote the exact language used by the minister of foreign
relations in replying to the Honorable Mr. McKinney in the

503

memorandum which accompanied his conversation of the 9th of
the month aforesaid :

"On the 3d of August last the Government of Colombia re-
ceived a note from the Government of Costa Rica, expressing
the desire of that Government to conclude a new arrangement for
the determination, by arbitration, of their common frontier.
Some time afterwards the honorable legation of the United States
expressed, in the name of its Government, a desire that the re-
quest of Costa Rica should be complied with. The Government,
being influenced by its constant friendship for the United States,
complied immediately and spontaneously with the desire ex-
pressed by the honorable legation. It was consequently verbally
informed that Colombia would apprise Costa Rica that it was
prepared to revive the treaty of arbitration, and it was likewise
informed that this step was due in a great measure to the friend-
ship of the Colombian Government for that of the United States.
A promise was also made to the honorable legation to send it the
written bases of the Colombian draft."

As is seen, the agreement could not have been more complete,
nor could the friendly offer of the U. S. Government have been
more frankly and sincerely accepted; and if the bases of the
Colombian draft were afterwards not sent to the honorable Amer-
ican minister before they were transmitted to Costa Rica, this
was due to the fact that, as was remarked by the minister of for-
eign relations in the document referred to, "the principal effort
was made by the Government of Costa Rica, and the collabora-
tion by the U. S. Government. The natural course was to reply
to Costa Rica, and send to the U. S. Government a copy of that
reply, because a contrary course would have inverted the natural
order of things." This proceeding, which was fully justified,
did, it is true, induce the honorable American minister to charge
the minister of foreign relations with insincerity, the justice of
which charge, in view of what has been stated, I leave to the con-
sideration of the honorable Secretary of State. It is, however,
to be remarked that the Honorable Mr. McKinney has never told
the Government of Colombia that he considered the good offices
of the United States as not having been accepted. He has, on
the contrary, admitted that they were accepted, as appears from
his aforesaid note, although a change in the form of the offer

504

was requested, which, if thoroughly examined, is rather an evi-
dence of kindly cordiality, since the discussion of a case on inti-
mate and confidential ground can not be regarded otherwise than
as in indication of deference.

To the foregoing statement, which places the facts in their
true light, I must add the most positive and solemn declaration
that the Government of Colombia has gladly accepted the friendly
offer of the United States in its boundary question with Costa
Rica; that it regards this offer as being as important as it really
is, and still further, that its consent to conclude a new treaty with
that Republic for the determination of their common frontier by
means of arbitration is due in a great measure to the feeling of
special consideration and regard which it entertains for the
United States.

I beg the honorable Secretary of State to permit me to avail
myself of this occasion to remind him of the correctness of the
attitude assumed by Colombia in its differences with Costa Rica,
for my Government, which duly appreciates the moral value of
the judgment of the United States, has specially instructed me
to do so, and I will do it in very general terms, in order not to
encroach too much upon your valuable time.

The Government of Colombia and that of Costa Rica, by the
treaty of arbitration concluded between them December 25, 1880,
and the additional treaty of January 20, 1886, agreed to settle
their boundary dispute by arbitration, and to this end they ap-
pointed, in the first place, His Majesty Alfonso XII, and after-
wards Her Majesty the present Queen Regent of Spain, as arbi-
trators. According to the treaties referred to, decision was to be
pronounced within twenty months from the date of the accept-
ance of the office by the arbitrator, which acceptance took place
on the 19th day of June, 1887, so that, according to the express
letter of the agreement, his jurisdiction was to terminate Feb-
ruary 19, 1889, The last-named day arrived, and the decision
had not been pronounced, and the Government of Colombia, in-
formed that of Spain, through the Spanish representative at
Bogota, under date of October 9, 1891, that, since the term
fixed for pronouncing a decision had long since expired, its
jurisdiction was ended, in consequence of which the Government

505

of Her Majesty the Queen Regent of Spain declined to have
anything further to do with the matter.

The Government of Colombia was induced to take this step by
its sincere desire to prevent so important decision from being
rendered null and void, and from giving occasion to the party
that might deem itself injured for declining to accept it. It
moreover desired to prevent the great labor which had been so
kindly performed by the arbitrator from being wasted, which
would doubtless have been a source of mortification to the lat-
ter. The uprightness of the purpose of the Government of
Colombia is still further shown by the fact that it proposed, at
the very outset, the revival of the lapsed conventions, its sole
desire being that the boundary dispute should be finally settled,
and that the decision by which it should be settled should be un-
assailable. My Government has been consistent in the view thus
taken, in proof of which reference may be made to the corre-
spondence between it and that of Costa Rica since the month of
October, 1891, and it has constantly sought to bring about ar-
rangements for the determination of a provisional boundary
whereby conflicts of jurisdiction might be avoided.

If a final arrangement on this subject h^s not been reached
sooner, this is the fault of Costa Rica, which has claimed that
that boundary should be extended until it encroached upon the
region to which Colombia has a very ancient right of possession,
and which is governed by its laws. The contrast between the
course pursued by each country is very noteworthy: Colombia,
acting uprightly, keeps within the limits of its right ; Costa Rica,
on the other hand, constantly provokes dissensions by attempt-
ing to extend its jurisdiction farther than it is now authorized
to do. Both nations should respect the statu quo established in
1881, which, for Colombia, is law, and for Costa Rica a dead let-
ter. As a recent practical case, I may cite, in proof of the fore-
going statement, the course pursued by the present Costa Rican
minister of foreign affairs, Mr. Jimenez, who, four years ago,
when he filled the same office, admitted that the river Sixaola
was the dividing line between the possessions of Colombia and
Costa Rica, so that the eastern bank of that river belongs, in-
contestably, to Colombia, notwithstanding which, and in spite of
the protests of the latter country, the Government of Costa Rica

506

continues to place authorities in that region, thereby abusing the
patient and upright attitude of my Government.^

Fortunately, the time when these annoying differences must
cease seems to be not far off. According to the last notes ex-
changed between the two Governments, there is a willingness on
the part of both to conclude a new treaty, submitting their con-
flicting claims to arbitration, only that of Costa Rica desires that,
when a new treaty is concluded, the validity of the old ones be
submitted to arbitration, to which Colombia objects as being use-
less and illegal.

A new treaty is what the conditions of the dispute require,
both because it is evident that the preceding ones have lapsed,
and because provision may thereby be made that the decision that
may be pronounced in consequence thereof shall be executed in-
dependently of the legislative action of each country, and that it
shall determine what is necessary for the payment of the indis-
pensable technical commissions that will have to trace the final
boundary line. Recent and painful experience induces Colombia
to pay special attention to these points, although they are ap-
parently mere points of detail.

I will not close this note without declaring, in virtue of ex-
press authorization, that, if the decision of the arbitrator should
adjudge to my Government control over the territories which it
thinks belong to it, it would recognize the rights of private par-
ties therein, and the transfers of actual ownership made by
Costa Rica. Citizens of the United States or any other for-
eigners that have obtained concessions of unimproved lands, or
who, for any other just cause, are the owners of lands, shall be
maintained in possession thereof, since every valid title is to be
respected.

Hoping that I have attained the friendly purposes which I had
in view,

I have, etc.,

Julio Re.ngifo.

* Mr. Rengifo makes here a confusioa between Mr. Manuel V. Jimenez
and Mr. Manuel de J. Jimenez.

SOT

Report of the Minister of Foreign Relations of Colombia Doc. 40a
to the Congress. Sixaola and Punta Burica are Fixed
as the Extreme Points of the status quo Line.

Bogota, 1894.i

1. Boundaries Between Colombia and Costa Rica.
(Translation)

At your sessions of 1892 you were informed of trie modifica-
tions introduced into the proceedings relating to our boundaries
with our neighbors on the north, in consequence of the arbitra-
tion treaties having lapsed. The causes of such lapse could not
be more weighty, if we look at the letter and spirit of the treaties,
nor more worthy of consideration, in view of the necessity of re-
moving all danger of inefhcacy in so important a matter as that
of our northern frontier.

To maintain that treaties which are void, or of very doubtful
force, may serve as titles to extremely valuable rights, is to main-
tain that a question of this gravity may remain unsettled, or
liable to future objections. If the admission of the lapse of the
treaties involved the breaking off of all amicable negotiations
concerning the pending dispute there would be some reason for
claiming that those agreements, however defective, should con-
tinue to serve as a basis in this matter; but, as Colombia has
declared her wish that they be renewed and amended, all claim
to the contrary fails to be just or proper.

In the correspondence, which I have the honor to transmit
herewith, is set forth in detail the course of these negotiations in
the last phase which they have assumed. Our Government wishes
the question of our boundary with Costa Rica to be settled in
the manner prescribed by justice, to wit, by renewing and amend-
ing the treaties as experience demands, and at the time and
place which may be most convenient to both countries.

It is desired that the treaties should contain stipulations rela-
tive to the practical execution of the award, to the costs of the
litigation, to the enlargement of the powers which the arbi-
trator should have, to harmonize, as far as possible, the chief

Foreign Relations of the United States, 1894, p. 193.

508

interests of the parties; and our Government, in acting in this
way, is actuated by friendship toward Costa Rica, and acts in
confidence of its rights, strengthened by new evidence.

The Costa Rican Government has at last assented to these pro-
posals, as well as to that which has been made to it to fix upon a
temporary boundary intended to put an end to the frequent
complaints addressed tb it by Colombia of the violations of the
status quo to which both countries are pledged with respect to
the possession of the zone now in dispute.

Complaints of this kind were mutual some time ago, owing to
the surveys made by the Panama Canal Company in the dis-
tricts adjacent to the Almirante Lagoon, The San Jose Gov-
ernment remonstrated at that time to the Colombian Government
respecting the duties imposed by the status quo which had been
agreed upon. The explanation on our part, however, were so
candid and sincere that Costa Rica has not since found it neces-
sary to make the slightest complaint of Colombia's proceedings.

This has not been the case with regard to our rights to present
possession of a part of the zone in dispute. The authorities of
Panufna and Bocas del Toro, the periodical publications of the
country, the documents published by Costa Rica, and respectable
private individuals, are continually informing the Government
that agents of the neighboring Republic, by what authority is not
known, are committing acts of posession incompatible with the
duties ^which have been ^expressly acknowledged.

On the Atlantic side, the Costa Rican Government has defin-
itively admitted that the boundary of present possession is
formed by the Sixaola River, so that it has no right to exercise
acts of jurisdiction on the right bank of that river ; but, notwith-
standing this, Costa Rican agents or individuals have recently
made surveys and drawn up maps on this side of the Sixaola.

On the Pacific side, the Costa Rican Government admitted, as
far back as 1880, that it could not occupy territory situated on
this side of Punta-Burica, for, at the demand of our Govern-
ment, it vacated that territory in a manner which may be desig-
nated as solemn; and yet it has just been learned, through a
perfectly reliable channel, that in that territory, exclusively under
the jurisdiction of Colombia, colonists are settling, under the pro-

509

tection, as is asserted, of the San Jose Government and without
the consent of the Colombian Government.

To these two species of violation of the status quo must be
added another, which affects the whole boundary between the
two countries. The Costa Rican Government recently published
a geographical map of its territory in which its southern frontier
does not even coincide with the extreme claims stipulated in the
old treaties, but is drawn much farther this way than the straight
line connecting Punta-Burica with Bscudo de Veraguas, thus
embracing a part of the Colombian territory which has not only
been always under the jurisdiction and in the possession of the
Republic, but forms a part of its undisputed territory.

These acts would not benefit Costa Rica, even if the arbi-
tration treaties were in force, but would be prejudicial to her
rights and interests, because they would prove, before the arbi-
trator, her disregard of indisputable and acknowledged duties.
Notice having been given of the abrogation of those treaties, and
Costa Rica being interested in their renewal, it is hard to under-
stand why, at the very time that she is negotiating for such re-
newal, she puts an insuperable obstacle to it; for Colombia can
not consent to the amicable act of fixing upon a temporary
boundary and renewing compromise, until such irregularities
have ceased.

This consideration has been the reason that the Colombian
Government has hitherto confined itself to repeatedly calling the
attention of the Government of the neighboring Republic (to
these facts) ; and it has received from it the most satisfactory
assurances in the sense asserted by Colombia. It is, however,
to be presumed that the intentions of that Government have been
thwarted by its agents, as several circumstances render it certain
that the duties relative to the present possession of the disputed
territory have not been thoroughly performed.

The theoretical statement of our rights and the protests against
the violation of them have not, therefore, had the desired effect,
and in this situation, the Vice-President of the Republic has in-
structed me to address to the Ministry of Government a com-
munication setting forth the condition of affairs and the necessity
of organizing at Panama two peaceful but active and efficient
expeditions, to go, one to Punta-Burica and the other to Sixaola,

510

for the purpose of making an investigation at the principal points
in those districts, in order to learn the state of things and to make
the rectifications demanded by the rights of the Republic.

Doc 403 Convention Celebrated Between the Republics of Costa
Rica and Colombia, November 4, 1896.

The Republic of Costa Rica and the Republic of Colombia,
desiring to put an end to the question of boundaries pending
between them, and to reach a definitive territorial delimitation,
have decided to put into eflfect, with the additions and modifica-
tions that are hereinafter stated, the conventions of arbitration
which were celebrated in San lose de Costa Rica on December
twenty-fifth, eighteen hundred and eighty, by their Plenipoten-
tiaries, Doctor Don Jose Maria Quijano Otero and Doctor Don
Jose Maria Castro, and in Paris on the twentieth of January,
eighteen hundred and eighty-six, by their Plenipotentiaries, Doc-
tor Don Carlos Holguin and Licenciado Don Leon Fernandez;
and in order to realize such purpose have accredited as Plenipo-
tentiaries :

The Government of Costa Rica, Sefior Don Ascension Esqui-
vel, its Envoy Extraordinary and Minister Plenipotentiary in
Colombia, and

The Government of Colombia, Seiior General Don Jorge Hol-
guin, Minister of Foreign Relations,

Who, after having exhibited their full powers and finding
them in due form, have agreed upon the Articles following:

Article: I.

The Conventions of arbitration which have been mentioned are
declared to be in force, and they shall be observed and fulfilled
with the modifications which are expressed in the Articles fol-
lowing :

ARTICI.E 2.

♦ The High Contracting Parties name as Arbitrator, His Ex-
cellency the President of the Republic of France ; in the unex-
pected event that he shall not be pleased to accept, His Excel-

511

lency the President of the United States of Mexico; and in the
event, equally unexpected, that- the latter shall decline the duty,
His Excellency the President of the Swiss Confederation, in all
of whom the High Contracting Parties have without any distinc-
tion, the most unlimited confidence.

The High Contracting Parties hereby state that, if in declar-
ing the arbitration conventions in force, they have not designated
^s Arbitrator the Government of Spain, which had previously
accepted that duty, it has been because of the difficulty which
Colombia has felt in requiring of that Government such con-
tinuous services, having recently signed with Ecuador and Peru
a boundary treaty in which His Catholic Majesty was named as
Arbitrator, after the laborious judgment upon the Colombian-
Venezuelan frontier.

ARtiCht 3.

The acceptance of the first Arbitrator shall be requested within
three months after the exchange of the ratification of the present
Agreement is verified, and if because of the declination of any
of the Arbitrators it should be necessary to apply to the one
next in order, the request to accept shall be made within three
months after the day on which notice of the declination was given
to the Parties.

If the said three months should have elapsed without any of
the Parties having solicited the acceptance, the one that may be
present is authorized to request it, and the acceptance shall be as
valid as if the two Parties had solicited it.

ARTICI.E 4.

The arbitration shall proceed in conformity with the following
rules :

Within the term of eighteen months, counted from the time
when the acceptance of the Arbitrator shall be notified to the
High Contracting Parties, the latter shall present to him their
allegations and documents.

In order that the acceptance may have been duly notified to
the Parties, so that they cannot allege ignorance of it, it is enough

512

that it be published in the official periodical of the nation of the
Arbitrator.

The Arbitrator shall communicate to the Representative of
each Government the allegations of the opposite party, within
three months after their presentation, in order that he may rebut
them within the course of the six months following.

The Arbitrator must pronounce his decision, in order that it
may be valid, within the term of one year, counting from the
date when the time granted for answering allegations shall have
ended, whether they have been presented or not.

The Arbitrator may delegate his functions, provided that he
does not fail to take part directly in the pronouncement of the
definitive sentence.

The arbitral decision, whatever it may be, shall be held as a
perfect and obligatory Treaty between the High Contracting
Parties, and shall not admit of any recourse. Both Parties bind
themselves to its faithful fulfillment, and renounce any claim
against the decision, pledging thereto the national honor.

Article 5.

Articles 2 and 4 of the present Convention substitute Articles
2 to 6, inclusive, of the Convention of December twenty-fifth,
eighteen hundred and eighty, and 1 and 4 of that of January
twentieth, eighteen hundred and eighty-six. Excepting the modi-
fications and additions stated, which must be complied with, the
Conventions of arbitration already mentioned remain confirmed
and in force in all their parts.

Article 6.

The present Convention shall be submitted to the approval of
the Congress of Colombia at its present sessions, and of the Con-
gress of Costa Rica at its next sessions, and shall be exchanged
at Panama, San Jose de Costa Rica or Washington, within the
shortest possible time.

513

In witness whereof the Plenipotentiaries sign and seal the
present Convention, in Bogota, the fourth of November, eigh-
teen hundred and ninety-six.

(iv. s.) Ascension Esquivei<.
(iv. s.) Jorge, Hoi/^uin.

Correspondence Between the Minister of Costa Rica and
the Minister of Foreign Affairs of the Republic of
France.

Legation of Costa Rica.

Paris, June 9, 1897.

Mr. Minister:

I have the honor to bring to the knowledge of Your Excellency
that, by a treaty signed at Bogota on November 4, 1896, the rati-
fications of which were duly exchanged at Washington during
the past month, the Governments of the Republics of Costa Rica
and Colombia agreed to submit to arbitration the question of
territorial boundaries as to which they differ.

The Contracting Parties, believing that they could rely upon the
friendly relations which exist between them and France, have
designated His Excellency the President of the French Repub-
lic in the capacity of Arbitrator, and I have received orders from
the Government of the Republic of Costa Rica to request that
Your Excellency may be pleased to appeal to the good-will and
impartiality of His Excellency M. Felix Faure to the end that
he may consent to render to Costa Rica and Colombia the signal
and inestimable service of accepting the post of Arbitrator.

Herewith I have the honor to forward to Your Excellency the
Spanish Text and the French translation of the Treaty of Bogota
of November 4, 1896, as well as an extract of all the articles
actually in force from the several arbitration conventions con-
cluded between the Republics of Costa Rica and Colombia, ac-
cording to which the arbitral procedure should be regulated.

514

D0C.405

I also enclose a geographical map of the territory in litigation,
upon which are indicated the boundaries claimed by each of
the Contracting Parties.

Be pleased to accept, Mr. Minister, etc.

Manuel M. Dt Peralta.

Ministry of Foreign Affairs:

Paris, June 16, 1897.

Mr. Minister:

As I have had the honor to advise you, I did not fail to com-
municate to the President of the Republic the request submitted
by your Government, that he accept the post of Arbitrator which
had been assigned to him by the Arbitration Treaty, signed at
Bogota on the 4th of November last, and the ratifications of which
were exchanged between Costa Rica and Colombia.

I hasten to inform you that the President of the Republic has
been pleased to consider favorably the request referred to and
that he accepts the post of Arbitrator in the frontier dispute which
is pending between your Government and the Republic of Co-
lombia.

Accept, etc. G. Hanotaux.

Ministry of Foreign Affairs.

Paris, October 19, 1898.

Mr. Minister:

In my letter of the 16th of June last I advised you that the
President of the Republic had expressed his willingness, in accord-
ance with the desire stated by your Government, to accept the
post of Arbitrator in the frontier dispute which is now pending
between the Republics of Costa Rica and Colombia.

Referring to that communication, I have the honor to let you
know that M. Felix Faure has organized a special commission

515 * t

<;harged with undertaking a preliminary examination of the docu-
ments which shall be presented by your Government in support
of its claims against that of Colombia, and has appointed as mem-
bers of that commission M. Roustan, former Ambassador of
France, as Chairman; Messrs. Delavaud, Secretary of Embassy,
Chief of the American Section of the Consular Bureau, M. Fou-
ques-Duparc, Secretary of Embassy and Attache of the Bureau
of Political Affairs, and M. Gabriel Marcel, Keeper of the Maps
in the National Library. These appointees met on the 2nd in-
stant, in my Department, for the purpose of arranging the organi-
zation of their work.

I deem it my duty to remind you on this occasion that under
the terms of Article 4 of the Convention entered into on the
4th of November last, between your Government and that of
Colombia, the text of which was appended to your despatch of
June 9th, the Cabinet of San Jose as well as that of Bogota under-
took to furnish the documents relating thereto within a term of
eighteen months, beginning on the day when they were notified
of the acceptance by the Arbitrator.

I would be obliged if you will be pleased upon the receipt of
the documents in question to see that the same are handed to
M. Roustan, the Chairman of the above mentioned Commission.

Accept, etc.

G. Hanotaux. ,

Extract from Autobiographical Memoirs of Don Lorenzo jj^^

Montufar.

1898.1
Chap. LV. Question of Boundaries zvith Colombia.

Another important question I had to treat as Minister of For-
eign Relations was that of boundaries with the United States of
Colombia.

In order to understand this it will be necessary for me to state
some of the antecedent facts.

^Memorias autobiogrdficas de Lorenzo Montufar. Guatemala, 1898.

516

' The first treaty entered into between Colombia and Central
^America was signed at Bogota on March 15, 1825.

It appears that the first Governor and Captain-General of
Costa Rica was Diego de Artieda Chirinos. It also appears that
the King of Spain designated as his jurisdiction: upon the North
Sea, from the mouth of the River San Juan to the Bscudo of
Veraguas; upon the South Sea, from the River Salto or Alvarado
as far as Punta de Burica. It further appears that down to the
year 1803 all the dispositions of the Sovereigns of Spain tended
to confirm the boundaries of Costa Rica traced for Chirinos upon
the North Sea.

In one of the issues of the official periodical of Costa Rica for
the year 1873 a long statement was published in the name of the
Secretaryship of State which places in evidence this allegation.

Several times an effort was made to mark out the boundaries
between Costa Rica and New Granada, afterwards the United
States of Colombia.

General Pedro Alcantara Herran, one of the personages of
Spanish American Independence, presented himself in Costa
Rica at the time when Central America was engaged in the strug-
gle with Walker, offered his sword to fight the filibusters and
made a small donation for the widows of Costarican soldiers
who died in Nicaragua.

Herran remained in San Jose during that campaign and there
he celebrated with Joaquin Bernardo Calvo a boundary treaty
which deviated from the line traced upon the map of Molina.

That treaty was ratified by the Congress of Costa Rica; but in
Bogota modifications were made in it and ratifications were never
exchanged.

Subsequently, Senor Doctor Jose Maria Castro went to Bo-
gota in the capacity of an Envoy Extraordinary and Minister
Plenipotentiary and made a boundary treaty with the distinguished
Colombian Teodoro Valenzuela, which conformed very closely to
the ideas of the said Valenzuela and those of Doctor Murillo, the
President of Colombia, but did not agree at all with the views of
many other persons in the Colombian administration. Valen-
zuela did not attempt to gain any territory for Colombia. He
understood that Colombia had more territory than it needed;

sir

much more than it could settle, and he proposed to follow out
the principles of the Constitution of the Rio Negro.

Consequently, it was stipulated that citizens of Colombia should
be held in Costa Rica the same as Costaricans, and that citizens
of Costa Rica should be considered in Colombia the same as Co-
lombians ; and that there should be in Costa Rica the same public
liberties that were guaranteed by the Constitution of the Rio
Negro. This treaty, however, did not fix the boundaries as they
were laid down upon the map of Molina, but they are a straight
line drawn between Punta de Burica and the Bscudo de Veragua

Doctor Castro was unable to secure this line, notwithstanding
the great disinterestedness evinced by Murillo and Valenzuela as
to lands. He could not get it because it was not only traced
across some settlements of Colombians but it left some of these
upon the side of Costa Rica, and the Constitution of Colombia
forbade the ceding of settlements.

Some of those settlements had been formed, notwithstanding
the titles of Artieda Chirinos, because the population of Colom-
bia had grown and extended while the Costarican population had
not increased along that line.

To make up to Costa Rica what it lost, according to its stand-
ard, which was the map of Molina, those lines were drawn by
trying to run them through vacant lands ; but the treaty was left
subject to ratification. Castro remained in Bogota struggling
against adverse influences awaiting the ratification of the treaty
by the Colombian Senate, but when his hopes were the brightest
of obtaining that object an unfortunate event occurred to frus-
trate his plans.

There was a revolution in Panama in which some Costaricans
took an active part.

This revolution produced an unfavorable effect in Bogota; a
report was asked from Doctor Castro, who was unable to give
it because he had no facts and was in complete ignorance of what
was passing upon the Isthmus.

This failure to make an explanation was attributed by some to
a want of sincerity and even to duplicity, so that the advantageous
XMDsition the Minister had occupied was greatly impaired.

r 518

The ratification of the treaty was put off and Doctor Castro
went back to Costa Rica where they were trying to get him elected
as President of the RepubHc and that effort was successful.

Castro, although in power, would have had great difficulty
in securing the ratification of the treaty in Costa Rica, because
the articles relating to the propagation of political principles which
ruled in Colombia were in conflict with the Constitution that was
then existant in Costa Rica,

All the constitutions of Costa Rica, since the year 1825, had
provided for the freedom of the press and some of them even went
so far as to embrace anonymous communications, but subject to
the penal laws ; that is to say, providing against such as were in-
sulting, slanderous, those that stirred up sedition or contrary to
authority. The liberty of the Colombian press was absolute and
it had no other restrictions than the weight of public opinion.
The article relating to nationality of Costaricans and Colom-
bians was opposed in Costa Rica by many persons, and especially
by an emigrant from Colombia, an enemy of Murillo, Senor
Obaldia.

It is said that his purpose was to flood Costa Rica with Colom-
bians and later to convert it into a State of that Confederation.
In the mean time, however, many Costaricans became alarmed
and a portion of the Colombian press criticised the treaty, saying
that the idea of presenting territory in exchange for principles
could only have come from the head of Doctor Murillo.

Later the Government of Colombia sent to Costa Rica Doctor
Antonio Maria Pradilla.

Guardia ruled provisionally and in the character of a Dictator.

Pradilla, it is said, had instructions not to begin any confer-
ences as long as the dictatorship lasted, and it is probable this
may have been so, because he continued for some time in the
country without making any official utterance as regards bound-
aries.

He sought to gain the friendship of the President and was able
to inspire him with confidence. He asked the Government of
Colombia for permission to make a trip to Europe, and while in
London he took part in a loan contract, which, under the in-

519

structions of Guardia, was to be used in relation to a railway that
President then had in view.

Upon the return of Pradilla, although the fundamental law had
not been put out, and the Colombian envoy refrained from offi-
cially holding conferences regarding boundaries, yet it is probable
that he did talk over his mission with the President and under-
stood that under his instructions and the attitude of Costa Rica
it was impossible to come to any agreement.

The Congress of Colombia, for reasons of economy, cut down
its Legations of the first class and sent to Costa Rica in the capa-
city of Minister Resident, General Buenaventura Correoso, who
stood so high in Panama and in the rest of the Republic on ac-
count of the great influence he wielded upon the Isthmus.

Guardia then appointed me as Plenipotentiary to treat with
Correoso, who quite the reverse of Pradilla immediately began
conferences as to boundaries.

He did not wish to enter into prolix legal discussions. This
led to the protocol or minutes of those conferences being very
meagre, affording no light upon the palpitating question. Every-
thing was done orally and very little was written down.

In order that Costaricans may know what was discussed ver-
bally, I caused an article of some length to be published in the
Official Gazette, which contained all the points presented by
Felipe Molina in a very clear essay concerning boundaries, and
many others that Molina did not then have before him and which
are the result of a new and careful search of tne archives of
Seville, which General Guardia directed should be done. Not-
withstanding this cumulation of documents and of proofs, Cor-
reoso was not willing to accept the straight line between Punta
de Burica and the Bscudo de Veraguas. He called attention to
the fact that on the North, on the North-east, on the West and
North-west of that line there were left Colombian settlements,
fully organized and governed by the authorities and laws of
Colombia; that the Constitution prohibited the Government from
ceding settlements and that upon this point it was impossible to
make any compromise.

It was very well understood that such were the instructions of
General Correoso; but the justice of them was not understood.

520

Dominion is not acquired capriciously; it is obtained by virtue
of just titles which transfer it.

This rule is a universal one, not in the Civil Law alone, but
it is founded upon International Law and governs as an invari-
able ■ principle the peoples of both hemispheres in their rela-
tions. In a civil society no individual can extend the bounds
of his house or his estate over adjoining lands unless he pro-
ceeds under a title for that purpose, and precisely the same thing
is true as regards one nation in respect to another.

Nations form a large society, of which they are the individual
members, and the rules governing them are those established by
International Law.

This, as well as the Civil Law, determines the titles transferring
dominion, and if none of these exist no nation can acquire owner-
ship over the territory of another.

States can acquire ownership by any of the methods that are
employed by individuals. They may gain it by grant, purchase
or exchange, by inheritance, prescription or occupation ; they may
secure it also by the right of conquest.

The titles vesting ownership in Costa Rica are those of Artieda
Chirinos.

As regards the southern portion, the Sovereigns of Spain
always and without exception sustained them, from Philip II down
to Fernando VII.

It is deduced from this that the Bscudo de Veraguas was con-
sidered as the limit between the Captaincy- General of Guatemala
and the Vice-royalty of Santa Pe by Philip II, Philip III, Philip
IV, Carlos II, Philip V, Luis I, Carlos III, Carlos IV, and Fer-
nando VII.

This is clear. Then, who has modified those titles ? They were
not changed by the Royal Order of San Lorenzo, because that
was not signed by the King, since neither Kingdoms nor Prov-
inces in Spain were ever divided by Royal Orders ; because that
Royal Order had no other purpose than simply the guarding of
the coasts that belonged to the same Sovereign; because it was
not carried out; because the Sovereigns under or in virtue of it
never laid a hand upon the Captaincy-General, and because Col-
lombia itself so imderstands it today, inasmuch as it has never

521

molested Nicaragua nor Honduras, although the guarding of the
coasts by that Royal Order of San Lorenzo was extended as
far as the Cape of Gracias a Dios.

If the Bscudo de Veraguas was recognized as a border point v
by the Sovereigns of the House of Austria and of Bourbon, down
to the time of the independence, Spain did not modify those titles.
The Federal Government of Central America understood it very
well.

Indeed, it authorized Colonel Galindo to make a contract for
colonization at Bocas del Toro, but New Granada drove him
away by armed force, an action which neither the Government of
Costa Rica nor that of the Federal administration considered as
legitimate.

Such act was not a purchase, nor an exchange, nor a grant;
it was not an inheritance, nor was it a prescription, neither was it
an occupation, because an occupation is effected as to things of
nobody, but the territory of a nation is not a thing of nobody in
respect to another. Was it a conquest? Not for one moment
can it be supposed that a Republic founded by Bolivar could
undertake to conquer a sister Republic which had not offended it.

And even if this were not so, it would be necessary to call
attention to the fact that territorial acquisitions obtained by
force are not deemed legitimate, under the modem doctrines of
International Law, until they are made legitimate by a treaty of
peace.

The most celebrated acquisitions in our times have been those
of Nice, Savoy, Milan, Venice, Alsace-Lorraine ; but these were all
confirmed by the treaties of Turin, Villafranca, Prague, Ver-
sailles and Frankfort; and Colombia can not cite in its behalf a
single treaty which legitimizes the important portion of the Cen-
tral American territory it has seen fit to occupy.

The Constitution of Rio Negro did not permit the cession of
Colombian settlements ; but that very wise law could only have
had application to pre-existing settlements, and not to settle-
ments which were formed upon foreign territory and against the
will of its owners.

Notwithstanding all this. General Correoso said that his in-
structions, founded upon the Constitution of Colombia, did not

522

permit him to discuss the line extending as far as the Bscudo
de Veraguas. When the negotiations reached that extreme it
was necessary to give another turn to the ideas or else let diplo-
macy yield its place to artillery. Now it may be asked if Costa
Rica, with 200,000 people, according to the calculation of Felipe
Molina, or nearly 300,000 according to the mathematical compu-
tations based upon the number of men enrolled in the army
of operations, could declare war against Colombia, with a popu-
tion reaching three millions, according to the Almanach de Gotha.

A war with Colombia would be ruinous to Costa Rica.

It would be of no avail that Costaricans should repeat the prodi-
gies of valor that shed so much glory upon them in their struggles
against the filibusters in Santa Rosa, in Rivas, at the River San
Juan and upon the Lake of Granada, for by the very numbers
alone the chances would be against us.

True patriotism consists not in thinking ourselves greater than
France or England, but in coolly and calmly estimating the re-
sources of one's own country, so as not to launch it upon a disas-
trous war which could leave behind only ruin and ashes.

The population of Costa Rica is very much smaller than the
population of Colombia.

Colombia is divided into nine States, of which Magdalena,^
Bolivar and Panama have populations smaller than that of Costa
Rica; Tolima has approximately the same ; while the populations
of Boyaca, Antioquia, Cauca, Cundinamarca and Santander are
larger.

The revenues of Colombia amount to 3,114,619 pesos; while
those of Costa Rica are 2,379,433.

A comparison of these two amounts speaks very loudly in favor
of Costa Rica.

It is very remarkable that the difference in the revenues be-
tween two nations, one of which has 300,000 inhabitants and the
other 3,000,000, should only be 735,187 pesos. This shows that
the people of Costa Rica are very industrious, taken in connection
with topographical conditions almost without a parallel as to ter-
ritory. In the sum of the Colombian revenues the amount of
168,750 pesos was included which was produced by the Panama
Railroad.

50 -»

The exportation from Costa Rica in the year 1876 to 1877
amounted to 5,307,406 pesos, of which 300,000 were exported by
the Atlantic and the rest through Puntarenas.,

The total exports of the United States of Colombia during
the same period were 9,983,386 pecos. It is amazing that the
excess of its exports over those from a country of 300,000 in-
habitants should not be at least double.

Following the same proportion the exports of Costa Rica
would be enormous if it had as large a population as Colombia.

To launch a country into war when it is occupying so advan-
tageous a position, ruinous to its industry and its commerce,
could only be the result of an extreme necessity, not thus far
arrived with respect to Costa Rica.

These statistical enumerations may be verified by the Almanach
de Gotha, which is the statistical guide for both hemispheres.

Colombia goes on settling toward the Northwest of Costa Rica
and its population advances day by day. Where will it get to in
the course of a few years? What will future generations say
of us, if by a mistaken estimate their territory is left in great
part mutilated?

All these considerations impelled the Government of Costa Rica
to fix a line which, starting from the shores of the Pacific Ocean
at the Punta de Burica, at 8° 40^/^' West longitude from the
meridian of Bogota, and 8° 18' North latitude, shall run straight
by the tops of the peaks from that Punta until it touches the
source of the River San Bartolome, which is found at 8° 43 3^'
longitude West of the meridian of Bogota, and at 82° North
latitude; from thence it ought to be drawn straight across the
Cordillera until it reaches the sources of the River Batianos, at
8° 26^' West longitude from the meridian of Bogota, and
8° 54^' North latitude, and from this point following the
course of that river until it empties into the Bay of Almirante.

This treaty, which I had no hesitation in signing, left to Costa
Rica a portion of the Bay of Almirante and the free use of all
of it.

It was necessary that, as Minister of Foreign Relations, I
should make a report of it to the Congress and I did so; but I
did not make the report in such formal fashion that it could be
ratified or amended.

524

The reasons for my action I could not explain to them at that
time; but I subsequently submitted them and I will repeat them
now.

One of the most serious difficulties in the way of public men
is that of not being able to explain to the nation the ideas that
they hold and the purposes they have in view at different periods
in their career. '

If I had made a report of the treaty to the Congress and it
should have been ratified by it, without being ratified by Colom-
bia, the treaty would have been left without any legal effect ; but
it would have been of great harm to Costa Rica, because in sub-
sequent conferences between their plenipotentiaries that treaty
would have been a very strong argument in favor of the diminu-
tion of Costarican territory.

The new Colombian plenipotentiary would then have said :
"The Republic properly represented in its Congress gave up the
Escudo dc Vcragiias, which proves that it has no right to the
exaggerated line of Molina."

That argument could not be made if the treaty was left with-
out ratification by the Congress of Costa Rica; because then it
went no further than the simple action of two plenipotentiaries.

All these difficulties would be avoided if the treaty were pre-
sented to the Congress after it had been ratified by Colombia, but
as the latter nation never did ratify it, I made no report of it to
the Congress of Costa Rica.

525
REPUBLIC OF COLOMBIA.

Report of the Under Secretary of Foreign Relations in Doc 408
Charge of the Department to the Congress of 1898.

Published at Bogota. Print of Luis M. Holguin.

CHAPTER III.

Costa Rica.

Boundary Arbitration.

In 1891 the Colombian Government stated to that of Spain,
which had been designated as the Arbitrator to decide the bound-
ary litigation between Colombia and Costa Rica, that the term
within which the sentence could legally be pronounced had come
to an end and that it was necessary therefore to make a new
agreement by which the respective jurisdiction which had al-
ready terminated should be again delegated. This statement was
not made in order to prevent the old and vexatious question of
boundaries with our neighbor from attaining a definitive settle-
ment, but, rather, with the honest purpose of avoiding the pro-
nouncement of a sentence the basis of which might not be a solid
one, and which, for this reason, might be susceptible of subse-
quent discussions. The conduct observed afterwards by the
Government is a token of the perfect loyalty with which it acted
upon adopting that resolution, which was received by the Cabinet
of San Jose with evident grief. To the advances made after-
wards by Costa Rica through a Plenipotentiary appointed to
treat on the question of limits, Colombia has answered in a
generous manner by accepting the renewal of the former Con-
ventions of arbitration, without any substantial modification.
You have approved by means of Law 71, of 1896, this act of the
Government which is the best token of deference that Colombia
could give to Costa Rica. The lapse of the Convention made
in San Jose, in 1880, and of the additional one signed at Paris
in 1886, having been declared, and the Arbitrator having been
discharged of the duty of fulfilling his commission, Colombia

526

was quite free to refuse to sign another Convention if Costa Rica
would not limit tlie purview of its claims involving territories
that belong to Colombia by virtue of clear titles and uninter-
rupted possession, territories that, on the other hand, have great
riches and a brilliant future. The spirit of American brotherhood
Avas on this occasion stronger than any interested consideration —
a case not rare in the history of our diplomacy.

The most important modification introduced in the Convention
was the designation of the arbitrator, who is the President of
the Republic 6f France, and in his default, the Presidents of the
United States of Mexico and the Swiss Confederation, respec-
tively. Upon making this change it was stated by petition of
Colombia that if "the High Contracting Parties have not desig-
nated as arbitrator the Government of Spain, which had pre-
viously accepted the duty, it has been because of the difficulty
which Colombia has felt in requiring of that government such
continuous services, having recently signed with Bcimdor and
Peru a boundary treaty in which His Catholic Majesty was
named as Arbitrator, after the laborious judgment upon the Co-
lombian-Venezuelan frontier." Colombia was aware that the
Government of Spain, on account of its deferential kindness
toward the Spanish American Republics, would have accepted the
renewal of its powers and would have pronounced a sentence in-
spired by the principles of equity and justice which are tradi-
tional in the Fatherland of Alfonso the Wise; but it considered
that it should not overstep the bounds of friendship by having re-
course to the same Power for the decision of several and com-
plicated differences of an international character. The circum-
stance of not having used at this time the good will and the
highly esteemed services of the Spanish Government does not
diminish in the least the gratefulness towards the Mother Coun-
try, which has given to us so many other tokens of the keen in-
terest with which it looks upon the fate and prosperity of the
Republic.

His Excellency, the President of the Republic of France, hav-
ing been required by the Parties, according to what was stipulated
in the Convention, deigned to accept the charge of arbitrator,
giving a conspicuous token of friendship to both Republics. The
Minister of Foreign Affairs, M. Hanotaux, notified our Minister

527

in France, of this acceptance, on May 17 of last year; and by a
subsequent note of October 19th he communicated to him the
appointment of a technical commission charged with the study
of the matter and composed of Messrs. Roustan, former Ambas-
sador to Spain, as President; Delavaud, Secretary of Embassy
and Chief of the Section of America in the Board of Consulates ;
Fouques-Duparc, attached to the Board of Political Affairs, and
Gabriel Marcel, Custodian of Maps in the National Library, all
of them persons deserving the highest confidence on account of
their learning, integrity and honorable profession. The report
that they will submit to the consideration of the arbitrator will
be, without any doubt, the faithful expression of truth and jus-
tice.

Our Minister, Senor Betancourt, who has studied at length
our boundary questions and who cleverly managed the interests
of the Republic in the boundary litigation with Venezuela, is
working with his usual activity in gathering whatever documents
may be useful for the preparation of the alegato which probably
will be written by one of the most renowned jurisconsults and
statesmen who are the honor of Spain. On its part the Govern-
ment, desirous of adopting all means available to substantiate
our rights, entrusted several years ago, to Senor Dr. Don Fran-
cisco de Paula Borda who is so distinguished as a specialist in
this class of studies, the preparation of a memorandum that
should contain the fruits of his years of investigation. This
memorandum, which has achieved the proportions of an exten-
sive work, is now in print, and, from the abundance of historical
documents it contains, illuminated by important observations, it
will be a source of information to be consulted by all who have
to participate in the examination and decision of this delicate
matter.

Lately there has been forwarded to Senor Betancourt a large
collection of documents gathered by Dr. Don Jose T. Gaibrois
who is as industrious as he is able.

We must hope that the award of France will be in favor of
Colombia. The attorneys for Costa Rica have a large number
of volumes of documents, published a long time ago, by means of
which they try to shelter the claims of their Fatherland. But
such documents, though interesting from the standpoint of his-

528

tory, have but scant legal value in this controversy ; they have
not the necessary force to invalidate the legal titles exhibited by
Colombia, and under the shelter of v^hich it has populated and
colonized the best part of the territory in dispute, given impulse
to industry and commerce and planted the seed of a large future
prosperity.

Doc. 409 Senor Peralta to the Minister of Foreign Affairs of the

Republic of France.

IvEGATioN OF Costa Rica.
Paris, September 11, 1899.

Mr. Minister: I have had the honor to receive the letter of
Your Excellency, under date of the 16th of September instant,
by which you are pleased to inform me that you have forv^arded
to Monsieur Betancourt, Minister of Colombia, the Replique
(Reply) of the Republic of Costa Rica to the Expose (Statement
of the Case) of Colombia, and I hasten to advise Your Excel-
lency of the receipt of the copy of the Memorial submitted by
M. Betancourt in support of the claims of his Government, which
you desired me to get in exchange.

I shall be very obliged to Your Excellency for communicating
to the Minister of Colombia the volume of documents appended
to the Replique, as has been done without exception with each
item presented by Costa Rica to the Arbitrator.

At this time I think that I ought to inform Your Excellency
that since the 16th of December last, Costa Rica has delivered
to the representatives of the opposing party, duly printed, all the
documents and geographical charts upon which it bases its claims
or which can contribute to the clearing up of the question. On
the other hand, it has received from Colombia nothing but the
Expose signed by M. Silvela, and has not been able to obtain
anything more up to this time, not even a list of the manuscript
documents submitted to the Arbitrator by Colombia.

With your eminent impartiality, Your Excellency can easily
understand the unequal situation in which Costa Rica is placed
under these conditions and I shall be much obliged if you will
interpose your .good offices in order to have M. Betancourt for-

529

ward to me at least one copy of all the documents presented to
the Arbitrator by Colombia, or proceed to a reciprocal exchange
of a certain number of copies of those documents.

Be pleased to accept, Mr. Minister, the expressions of my high-
est consideration.

Manuel M. de: Peralta.
Ho His Excellency, Monsieur Delcasse, Minister of Foreign

Aifairs of the Republic of France.

The Minister of Costa Rica to Ambassador Roustan, Doc.410
Chairman of the Arbitration Commission, Protesting
for the Failure to Communicate to Him the Documents
of Colombia.

Legation of Costa Rica.

Paris, July 24, 1900.
Mr. Ambassador:

* * * sic* 4c :(c *'

I also take this occasion to observe to your Excellency that up
to this date the Republic of Costa Rica has not received any
communication, official or otherwise, of the printed volume of
documents, translated and annotated by Colombia; neither has it
received a list of those documents, nor the estimations of docu-
ments ordered by the Pepublic of Colombia and consequently
interested.

Be good enough to accept, Mr. Ambassador, the expressions of
my highest consideration.

Manu^i, M. d^ Perai^ta.
His Excellency, M. Theodore Roustan,
Ambassador of France.

Ambassador Roustan to Minister Peralta. Doc! 411

Paris, August 3, 1900.
Mr. Minister:

Referring to the terms of the document of the action of the
Commission of November 25th, 1889, annexed to my letter of
the 29th of the same month, I have the honor to inform you that,
at the session of July 31st last, the Commission agreed with
unanimity that the documents presented by the parties interested

530

were amply sufficient to illustrate their views. Therefore it
thought there was no room for arguments or verbal expla-
nations.

Accept the assurances of the high consideration with which I
have the honor to be, Mr. Minister, your very humble and obe-
dient servant.

Th. Roustan.
To Senor Peralta,

Minister of Costa Rica in Paris.

Doc 412 Minister Peralta to the Minister of Foreign Relations of

Costa Rica.

Legation of
Costa Rica.

Paris, August 2, 1900.
Sir,

I have the honor to hand you herewith a translation of the note
of M. Roustan, dated yesterday, in which he states that the Com-
mission for the examination of the question of boundaries, which
is pending between Costa Rica and Colombia, met July 31st last,
and agreed that, the documents presented by the parties to illus-
trate their views being amply sufficient, there was no room for
verbal arguments or explanations.

I know, moreover, that the work of the Commission is coming
to an end and that by the middle of this month of August its
report will be presented to the President of the Republic, leaving
M. Loubet an entire month to personally study the matter and
prepare his decision.

The Commission has taken note of my communication of July
24th last and is examining the explanations and documents which
I presented in the form of a book, with the title of "La Geo-
graphic historique et les Droits territoriaux de Costa-Rica.'*

Tomorrow it will meet once more to discuss and deliberate.

I have the honor to reiterate to you the expressions of my
highest consideration.

Manuel M. de Perai^ta.
The Minister of Foreign Relations of the Republic of Costa Rica.

531
Award of the President of France.

Rambouii.i.et^ September 11, 1900.

We, the President of the Repubijc of France, Arbitrator
by virtue of the Treaty signed November 4, 1896, at Bogota, by
th-c Republics of Colombia and Costa Rica, an act which has con-
ferred upon Us as full powers to indicate, according to the prin-
ciples of law and historical precedents, the demarcation of
boundaries that should take place between the two States above
mentioned.

Having taken cognizance of all the documents furnished by
the parties to the cause, and especially:

1. In that which concerns Colombia:

Of the Expose of Don Francisco Silvela, Advocate of the Le-
gation of Colombia in Spain;

Of the second and third Memorandums, presented in the name
of the Republic of Colombia by M. Poincare Advocate of the
Court of Appeals of Paris ;

Of an Opinion of M. Maura, Deputy in the Spanish Courts^
President of the Royal Academy of Jurisprudence of Madrid, on
the question of limits between Colombia and Costa Rica;

Of another opinion of M. M. Dr. Simon de la Rosa y Lopez^
professor of political law at the University of Seville and his
collaborators ;

Of the chronological summary of the territorial titles of Colom^
bia;

And numerous geographical charts and texts, as well original
as translated and annotated, sent to Us by the Representative of
Colombia, specially accredited to Us for the present litigation ;

2. In that which concerns Costa Rica:

Of the works of M. Manuel M. de Peralta, Envoy Extraordi-
nary and Minister Plenipotentiary of that Republic at Paris, en-
titled :

"Limites de Costa Rica y Colombia,"

"Costa Rica y Costa de Mosquitos,"

"Juridiction territoriale de Costa-Rica,"

Of the Expose of the territorial titles of the Republic of
Costa Rica:

532

Of the reply to the Expose of the Republic of Colombia:
(Replique a TExpose de la Republique de Colombie) ;

Of the Atlas historico-geogrdfico de Costa Rica^, Veragua y
Costa de Mosquitos;

Of the volume of Sefior Peralta: "Geographic historique et
Droits territoriaux de Costa Rica,"
etc., etc.,

And in general, of all things and all decisions, capitulaciones,
royal orders, provisions, royal cedulas and laws, issued and pro-
mulgated by the ancient Spanish Alonarchy, absolute sovereign
and free disposer of the territories which later formed part of the
two Republics;

Having proceeded to a minute and searching study of the said
acts, submitted to Us by the parties, especially: of the Royal
Cedulas of July 27, 1513, and September 6, 1521, of the Royal
provision of April 21, 1529, of the Royal cedulas of March 2,
1537, January 11 and May 9, 1541, January 21, 1557, February
23, and July 18, 1560, August 4 and 9, 1561, September 8, 1563,
June 2«S, ir)()8, and July 17, 1572. of the capitnlacion of Pardo
of Decembei 1, 157;^, of the Rccopilacion de las Lcycs de In-
dies of 1680, and particularly of laws IV, VI and IX of this
collection; of the Royal cedulas of July 21 and November 13,
1722, August 20, 1739, May 24, 1740, October 31, 1742, and
November 30, 1756 ; of the different instructions emanating from
the Spanish Sovereign and addressed as well to the superior au-
thorities of the Vice-royalty of Santa Fe as to those of the Cap-
taincy-general of Guatemala during the course of the 18th
century and in the following years; of the Royal orders of 1803
and 1805 and of the stipulations of the treaty concluded in 1825
between the two independent Republics, etc., etc.

And, conscious of the importance of our high mission, as well
as of the very great honor which has been done Us in being
chosen as Judge in the present dispute, and having neglected
nothing to enable Us to render an exact reckoning of the value of
the titles invoked by the one and the other of the two countries ;

533

We Decide :

The frontier between the Republics of Colombia and Casta
Rica shall be formed by the counterfort (contrefort) of the Cor-
dillera which starts from Cape Mona, on the Atlantic Ocean, and
closes on the North the valley of the River Tarire or River
Sixola; thence by the chain of the watershed between the Atlan-
tic and the Pacific to about the ninth parallel of latitude ; it shall
then follow the line of the watershed between the Chiriqui Viejo
and the affluents of Golfo Dulce, ending at Punta Burica on the
Pacific Ocean.

As to the islands, groups of islands, islets and banks, situated
in the Atlantic Ocean, in proximity to the Coast to the East and
to the South-East of Punta Mona, these islands, whatever be
their number and extent, shall form part of the domain of Co-
lombia. Those which are situated to the West and to the North-
west of the said Point (Punta) shall belong to the Republic of
Costa Rica.

As to the islands more distant from the continent and included
between the Coast of Mosquitos and the Isthmus of Panama,
namely: Mangle Chico, Mangle Grande, Cayos de Alburquerque,
San Andres, Santa Catalina, Providencia, Bscudo de Veragua, as
well as all other islands, islets and banks, held by the ancient
Province of Cartagena, under the denomination of Canton de
San Andres, it is understood that the territory of these islands,
without any exception, shall belong to the United States of
Colombia.

On the side of the Pacific Ocean, Colombia shall likewise pos-
sess, starting from the islands of Burica and comprising them, all
the islands situated to the East of the Point of the same name;
those that are situated to the West of that Point being assigned
to Costa Rica.

Done at Rambouillet, in duplicate, September 11, 1900.

(l. s.) Emile Loubet.

534
Doc. 414 Original Text of the Loubet Award.

Nous, President de la Republique fraugaise,

Arhitre, en vertu du traite signe le 4 Novembre 1898, a Bogota,
par les Republiqucs de Colombie et de Costa-Rica, acte qui Nous a
con fere pleins pouvoirs en vue d'apprecier, suivant les principes
de droit et les precedents historiques, la delimitation a intervenir
entre les deux Etats susnommes.

Ayant pris connaissance de tous les documents foumis par les
parties en cause, et notamment:

1° en ce qui concerne la Colombie:

de I'Expose de Don Francisco Silvela, Avocat de la Legation
de Colombie en Espagne;

des deuxieme et troisieme Memoires, presentes au nom de la
Republique de Colombie par M. Poincare, Avocat a la Cour
d'Appel de Paris ;

d'une consultation de M. Maura, Depute aux Cortes Espa-
gnoles, President de I'Academie Royale de Jurisprudence de
Madrid, sur la question de limites entre la Colombie et le Costa-
Rica;

d'une autre consultation de M. M. le Dr. Simon de la Rosa y
Lopez, professeur de droit politique a TUniversite de Seville et
ses collaborateurs ;

du Resume chronologique des titres territoriaux de Colombie;

et de nombreuses cartes geographiques et textes, tant originaux
que traduit's et annotes, a Nous remis par le Representant de la
Colombie, specialement accredite aupres de Nous pour le litige
actuel ;

2° en ce qui concerne le Costa-Rica:

des ouvrages de M. Manuel M. de Peralta, Envoye Extra-
orinaire et Ministre Plenipotentiaire de cette Republique a Paris,
intitules :

"Limites de Costa Rica y Colombia",

"Costa Rica y Costa de Mosquitos",

"Juridiction territorial de Costa-Rica",

de TExpose des titres territoriaux de la Republique de Costa-
Rica;

535

de la Replique a TExpose de la Republique de Colombie;

de I'Atlas Historico Geografico de Costa Rica, Veragiia y Costa
de Mosquitos;

du volume de M. de Peralta : ♦'Geographie historique et droita
territoriaux de Costa-Rica";

et, en general, de tons et toiites decisions, capitulations, ordres
royaux, provisions, cedules royales, lois, edictes et promul-
gues par I'Ancienne Monarchic Espagnole, souveraine absolue et
libre dispositrice des territoires qui ont fait partie, dans la suite,
des deux Republiques;

ayant precede a une etude minutieuse et appro fondie des dits
actes, a Nons soumis par les parties, notamment : des cedules
royales de 27 Juillet 1513, du 6 Septembre 1521, de la provision
royale du 21 Avril 1529, des cedules du 2 Mars 1537, des 11
Janvier et 9 Mai 1541, du 21 Janvier 15*57, des 23 Fevrier et 18
Juillet 1560, des 4 et 9 Aout 1561, du 8 Septembre 1563, du 28
Juin 1560, du 17 Juillet 1572, de la Capitulation du Pardo du
ler Decembre 1573, de la Recopilacion de las Leyes de Iitdias, de
1680, particulierement des lois IV, VI y IX de ce recueil, des
cedules royales des 21 Juillet et 13 Novembre 1722, du 20 Aout
1739, du 24 Mai 1740, du 31 Octobre 1742, du 30 Novembre
175(5, des differentes instrnctions emanant du Souverain Espagnol
et adressees tant aux autorites superieures de la V^ice-Roy-
aute de Santa-Fe qu' a celles de la Capitainerie Generale de
Guatemala au cours du XVIII siecle et dans les annees suivantes ;
des ordres royaux de 1803 et 1805, des stipulations du traite
conclu en 1825 entre les deux Republiques independantes ; etc.,
etc.,

et, conscient de I'importance de Notre haute mission ainsi que
du tres grand honneur qui Nous a ete fait d'etre choisi comme
Juge dans le present debat, n'ayant rien neglige pour Nous rendre
un compte exact de la valeur des titres invoques par Tun et
Tautre des deux pays;

Arritons:

La frontiere entre les Republiques de Colombie et de Costa-
Rica sera formee par le contrefort de la Cordillere qui part du
Cap Mona sur TOcean Atlantique et ferme au Nord la vallee du
Rio Tarire ou Rio Sixola, puis par la chaine de partage des eaux

536

entre TAtlantique et le Pacifique, jusgu* a par 9° environ de
latitude; elle suivra ensuite la ligne de partage des eaux entre le
Chiriqui Viejo et les affluents du Golfo Dulce, pour aboutir a la
Pointe Burica sur TOcean Pacifique.

En ce qui concerne les iles, groupes d'lles, ilots, bancs, situes
dans rOcean Atlantique, a proximite de la cote a I'Est et au
Sud-Est de la Pointe Mona, ces iles, quels que soient leur nombre
et leur etendue, feront partie du domaine de la Colombie.

Celles qui sont sises a I'Ouest et au Nord-Ouest de la dite
Pointe, appartiendront a la Republique de Costa-Rica.

Quant aux iles plus eloignees du continent et comprises entre
la Cote de Mosquitos et risthme de Panama, nommement: Man-
gle-Chico, Mangle-Grande, Cayos-de-Alburquerque, San-Andres,
Santa-Catalina, Providencia, Escudo-de-Veragua, ainsi que toutes
autres iles, ilots et bancs relevant de I'ancienne province de
Carthagena sous la denomination de Canton de San-Andres, il
est entendu que le territoire de ces iles, sans en excepter aucune,
appartient aux Etats-Unis de Colombie.

Du cote de I'Ocean - Pacifique, la Colombie possedera
egalement a partir des iles Burica, et y compris celles-ci, toutes
les iles situees a TEst de la Pointe du meme nom, celles qui
son sises a TOuest de cette pointe, etant attributes au Costa-
Rica.

Fait a Rambouillet, en double exemplaire, le Onze Septembre
1900.

(l. s.) Emile Loubet.

B0C.41S Minister Peralta to the Minister of Foreign Relations of

Costa Rica.

Legation of Costa Rica.
Paris, September 14, 1900.
Sir,

I ought to add that, contrary to the spirit of the Art. 4 of the
Treaty of Bogota^ the Arbitration Commission received a third
Memorandum from M. Poincare and two others besides, carefully
hiding their existence from this Legation, notwithstanding my
reiterated demands.

537

The Treaty of Bogota did not provide for any more Memoran-
dums than those that should be presented six months after the
deHvery of the first allegations, and equity demands that, in case
of the presentation of any Memorandum later, it should be turned
over or reasonable information of it given to the other side.

Nothing of this kind has been done, nor notwithstanding my
constant offers for that purpose have I been called upon by the
Commission to give explanations.

Manuel M. de Peralta.
The Minister of Foreign Relations of the Republic of Costa Rica.

The Minister of Foreign Affairs of France to Minister Doc. 416

Peralta.

Paris, September 18, 1900.
Mr. Minister :

In the third paragraph of the disposing part of the Arbitral
Award rendered by the President of the Republic on the nth in-
stant, referring to the delimitation between Colombia and Costa
Rica, the words "Etats-Unis de Colombie" have been used to
designate the Republic of Colombia.

In the name of the Arbitrator I have the honor to make known
to you, in order to avoid any confusion in the future, that those
two appellations must be considered as synonymous in the award
referred to and that they both apply equally to the Colombian
State.

Please accept the assurance of the high consideration with
which I have the honor, Mr. Minister, to be your most humble
and obedient servant,

Delcasse.

538

Doc. 417 Minister Peralta to the Minister of Foreign Affairs of the

Republic of France.

Legacion
de
Costa Rica. Paris, September 26, 1900.

Mr. Minister:

I have the honor to acknowledge receipt of Your Excellency's
letter of September 18th, by which you have been pleased to
inform me that the words ''Etats-Unis de Colombie" used in the
third paragraph of the disposing part of the arbitral award
rendered by His Excellency the President of the Republic of
France on the 11th instant, referring to the delimitation between
Costa Rica and Colombia, must be considered as being applied
to the Republic of Colombia or to the Colombian State.

I seize this opportunity to respectfully remind Your Excel-
lency and through you, His Excellency, the Arbitrator, that by
my letter of June 9, 1897, I remitted to Your Excellency a copy
and translation of all the articles in force of the various arbitral
conventions concluded between the two States, and under which
the arbitral procedure should be governed.

Article HI of the additional Convention of Paris, of January 20,
1886, is thus understood:

"The arbitral sentence must be confined to the disputed terri-
tory situated between the extreme boundaries already estab-
lished; and it shall in no way affect the rights which a third
party who has not intervened in the arbitration might be able to
allege to the ownership of territory comprised between the
boundaries indicated."

As the islands lying at a distance from the continent comprised
between the Mosquito Coast and the Isthmus of Panama, that is.
Mangle Chico, Mangle Grande, Cayos de Albuquerque, San An-
dres, Santa Catalina, Providencia and others situated to the north
of the 11th degree of North latitude and to the east of the Mos-
quito Coast, to which reference is made in the third paragraph
of the disposing part of the sentence, were not embraced within
the jurisdiction of the ancient province of Costa Rica, this Re-
public has not made of them a subject of litigation and they

539

have remained as far as Costa Rica is concerned, wholly out-
side the controversy submitted to the judgment of His Excellency
the Arbitrator.

I beg that Your Excellency may be pleased to take note oi
this observation since the Republics of Costa Rica and Colombia
the only parties in interest in tbis litigation, are bound by tbe
aforesaid Article III of the Convention of Paris, and for all
there is of right.

Please accept, Mr. Minister, the expression of my highest con-
sidera?tion.

Manukl M. de. Pkralta.

The Minister of Costa Rica to the Minister of Foreign
Affairs of the Republic of France.

Legation of Costa Rica.

Paris, September 29, 1900.
Mr. Minister.

Wishing to avoid all possible misunderstandings respecting the
intended meaning of His Excellency, the President of the Re-
public of France, the arbiter in the boundary controversy between
the Republic of Costa Rica and Colombia, as set forth in the
Award which he was pleased to make on the 11th of the present
month, I have the honor to come before and respectfullv inform
Your Excellency that the Government of Costa Rica interprets
the first paragraph of the disposing part of that decision as fol-
lows:

"The frontier between the Republics of Colombia and Costa
Rica shall be formed by the counterfort (contrefort) of the
range of mountains beginning at Pnnta Mona], in the Atlantic
Ocean, and which closes on the North the valley of the river
Tarire or Sixola, near its mouth ; it shall run in a Southwest-West
(Sud-Ouest-Oucst) direction on the left bank of that river to
its conjunction with the river Yurqiiin or Zhorquin (also called
Sixola, Culebras or Dorados) toward longitude 82° 50' West
of Greenwich, longitude 85° 10' West of Paris, and latitude 9°
33' North. Plere the boundary will cut the thalweg of the Tarire
on the left bank of the Yurquin and continue due South along
the divide of the watersheds of the Yurquin on the East and the

Doc. 418

540

Uren on the West ; then along the divide of the Atlantic and
Pacific watersheds, until near the ninth parallel of latitude
North; it shall continue then along the divide between the
Chiriqui Vie jo and the streams flowing into the Golfo Diilce to
terminate at Punt a Burica!'

Punta Moiia is situated at longitude 82° 39' West of Green-
wich, longitude 84° 59' West of Paris, and latitude 9° 39' North.
85° 5' West of Paris.

Punta Burica is situated at longitude 82° 52' West of Green-
wich, longitude 85° 15' West of Paris, and latitude 8° 2' North.

The intersection of the frontier line and the ninth parallel is
placed toward longitude 82° 45' West of Greenwich, longitude

This- interpretation conforms with the evident meaning of the
Award and with the topography of the territory, as well as with
the terms of the arbitration agreement.

It responds perfectly to the wish of establishing with certainty
and stability a natural frontier, and it deviated but slightly from
a straight line traced between Punta Mona and Punta Burica,
which is, so to speak, the fundamental thought of the Arbitrator.

I trust that this interpretation will be accepted by the Presi-
dent of the Republic of France as corresponding as nearly as
possible with his high intentions, and my Government would ap-
preciate very much his deigning to confirm this interpretation by
an explanatory act.

Be pleased to accept, Mr. Minister, the expressions of the high-
est consideration with which I have the honor to be Your Ex-
cellency's very humble and most obedient servant,

Manuel JVI. de Peralta.
His Excellency ^lonsieur Delcasse,

Minister of Foreign Affairs of the Republic of France.

Doc. 410 ^^^ Minister of Foreign Affairs of the Republic of France
to the Minister of Nicaragua at Paris.

Paris, October 22, 1900.
Mr. Minister:

By a letter dated September 22nd last, you were good enough
to advise me of the rights which the Republic of Nicaragua
would be able to exercise over certain islands on the Atlantic

541

coast and in particular over the islands Mangle Chico and Mangle
Grande, mentioned in the arbitral judgment rendered by the
President of the French Republic the 11th of the same month,
between Colombia and Costa Rica.

You invoke therein the treaty made between the two countries
on January 20, 1886, with a view of their respective delimitation,
and by the terms of which the arbitration in question can not
affect the rights which a third party might set up to ownership
of the territory in controversy.

Taking account of the agreement arrived at upon this point
between the two Republics in the cause, as well as of the gen-
eral rules of the Law of Nations, the Arbitrator only had in
mind, in referring by name to the islands mentioned in his de-
cision, to establish that the territory of the said islands, men-
tioned in the treaty concluded March 30, 1865, between the Re-
publics of Costa Rica and Colombia is not included in the do-
minion of Costa Rica.

Under these conditions, the rights which Nicaragua can have
to the possession of these islands remain entirely as in the past,
the Arbitrator not undertaking in any way to determine a ques-
tion which was not before him.

Accept the assurances of the high consideration with which I
have the honor to be.

Mr. Minister, your very humble and very obedient servant,

DElyCASSE.

Monsieur Crisanto Medina, Minister of Nicaragua, at Paris.

The Minister of Costa Rica to the Minister of Foreign Doc. 420
Affairs of France.

Legation of Costa Rica.

Paris, October 23, 1900.

Mr. Minister.

On account of the great divergence in the maps of the terri-
tory traversed by the frontier line that His Excellency the Presi-
dent of the Republic of France was pleased to fix between the
Republics of Costa Rica and Colombia by his Award of the 11th
of September last; and considering that His Excellency the Ar-

542

biter having had no new and precise data for tracing with all
the exactness required a map of the said region such a map
instead of serving as a probatory or useful document for the
interpretation of the Award, might on the contrary lead to con-
fusion, I have had the honor to inform Your Excellency that I
withdraw my letter of the 15th of last September in which I
asked that a map should be sent to mt, and I pray Your Excel-
lency to consider it as void.

I avail myself of this occasion to repeat to Your Excellency, as
I had the honor to inform you in my letter of the 29th of last
September, that the Government of Costa Rica interprets the first
paragraph of the dispositive part of the arbitral decision in the
following manner, as being the only one within the spirit and
letter of this document that might conform with the terms of the
Conventions which must rule the arbitration proceedings and
especially with the terms of Article III of the Additional Con-
vention of Paris of January 20, 1886.

"The frontier line between the Republics of Colombia and
Costa Rica shall be formed by the counterfort (contrefort) of
the range of mountains beginning at Punta Mona, in the Atlantic
Ocean, and which closes on the North the valley of the river
Tarire or Sixola, near its mouth; it shall run in a West-South-
west (Sud-Ouest-Ouest) direction on the left bank of that river
to its conjunction with the river Yurquin or Zhorquin (also
called Sixola, Culebras or Dorados) toward longitude 82° 33'
West of Greenwich, longitude 85° 10' West of Paris, and latitude
9° 33' North. Here the boundary will cut the thalweg of the
Tarire on the left bank of the Yarquin and continue due South
along the divide of the watersheds of the Yurquin on the East
and Uren on the West ; then along the divide of the Atlantic and
Pacific watersheds, until near the ninth parallel of latitude North ;
it shall continue then along the devide between the Chiriqui Vie jo
and the streams flowing into the Golfo Dulce to terminate at
Punta Burica.'*

This North-South direction of the frontier line between Punta
Mona and Punta B uric a, as the Government of Costa Rica un-
derstands it, is equally congruent with the course that the Re-
public of Colombia ascribes to the River Sixola in its official
maps.

543

«

Moreover, recent explorations of that region justify this inter-
pretation and make evident that any other interpretation would
include within the region granted to the Republic of Colombia a
territory not in dispute, a fact that would be a positive violation
of the terms of the compromise which limits the attributions of
the Arbiter and of the principles of International Law. Then,
this cannot have been the intention of His Excellency the Presi-
dent of the Republic of France.

Wherefore I appeal again to the kindness of Your Excellency
and respectfully pray you to ask the Arbiter for the explanatory
act which I had the honor to request for in my letter of the 29th
of last September which I confirm.

Be pleased to accept, Mr. Minister, etc.,

Manuel M. de Peralta.
His Excellency Monsieur Delcasse, Minister of Foreign Affairs

of the Republic of France.

The Minister of Foreign Affairs of France to the Min- Doc. 421
ister of Costa Rica.

Paris, November 23, 1900.

Mr. Minister:

In answer to the wishes which you have been pleased to ex-
press in your letter of the 29th of September and 23rd of October
last, I have the honor to inform you that for lack of precise
geographical data, the Arbitrator has not been able to fix the
frontier except by means of general indications; I deem, there-
fore, that it would be inconvenient to trace them upon a map.
But there is no doubt, as you have observed, that in conformity
with the terms of Articles 2 and 3 of the Convention of Paris of
January 20, 188(), this frontier line must be traced within the
limits of the territory in dispute, as they are found to be from
the text of said Articles.

It is according to these principles that the Republics of Co-
lombia and Costa Rica will have to proceed to the material deter-

544

mination of their frontiers, and the Arbitrator reUes, in this
particular, upon the spirit of conciliation and good understand-
ing which has up to this time inspired the two interested Gov-
ernments.

Accept the assurances of the high consideration which I have
the honor to be, Mr. Minister, your very humble and obedient
servant,

DliLCASSE.

Monsieur Manuel de Peralta, Minister of Costa Rica in Paris.

Doc. 422 Original Text of the Delcasse Note.

Paris, le 23 Novembre 1900.
Monsieur ht Ministry,

Pour repondre au desir que vous avez bien voulu exprimer
dans vos lettres des 29 Septembre et 23 Octobre derniers, j'ai
rhonneur de vous faire savoir, qu'en I'absence d'elements geo-
graphiques precis, TArbitre n'a pu fixer la frontiere autrement
que par des indications generales ; j 'estime done qu'il y aurait
des inconvenients a les preciser sur une carte. Mais il n'est pas
douteux, comme vous le faites remarquer, que conformement
aux termes des articles 2 et 3 de la Convention de Paris du 20
Janvier 1886, cette ligne frontiere ne soit tracee dans les limited
du territoire en dispute, telles qu'elles resultent du texte des
dits articles.

C'est d'apres ces principes 9u'il incombera aux Republiques de
Colombie et de Costa-Rica de proceder a la determination ma-
terielle de leurs frontieres, et TArbitre ne pent que s'en remettre
sur ce point a I'esprit de conciliation et d'entente dont se sont
inspires jusqu' a present les deux Gouvernements en cause.

Agreez les assurances de la haute consideration avec laquelle
j'ai rhonneur d'etre,

Monsieur le Ministre,

votre tres humble et tres
obeissant serviteur.

DELCASSfe.
Monsieur de Peralta, Ministre de Costa-Rica a Paris.

545

The Minister of Colombia to the Secretary of State in the Doc 423
Department of Foreign Relations of Costa Rica.

Legation of Colombia

in

Mexico and Central America.

San Jose, January 26, 1901.

Mr. Minister:

On the ]3th of September of the year last past, the President
of the French Republic decided the debated question of bounda-
ries between Colombia and Costa Rica.

Although the greater part of the claims of Colombia were re-
jected and there was adjudged to Costa Rica a very important
portion of the territory submitted to judgment and claimed by
Colombia, it cannot view with discontent this loss because it
redounds to the benefit of the neighboring Nation, for whom it
has always been inspired with sentiments of deep fraternity, and
because the Award removes every obstacle to the continuity of
the harmonious interests and cordial relations between the two
States.

Colombia, who bound herself as well as Costa Rica in the ar-
bitral compact of 1896, to faithfully comply with the decision of
the Arbitrator, engaging in it the national honor, desires that it
be given punctual fulfillment and that the delimitation be at once
proceeded with, in accord with the precise terms of the aforesaid
decision.

Accept, Your Excellency, the sentiments of my highest con-
sideration and distinguished appreciation.

Lorenzo Marroquin.
Excmo. Sefior don Justo A. Facio, Minister of Foreign Relations.

»,^ 546

Doc. 424 The Minister of Colombia to the Secretary of State in the
Department of Foreign Relations of Costa Rica.

Legation of Colombia

in

Mexico and Central America.

San Jose, February 12, 1901.

Mr. Minister:

I have been advised of the happy and glad news of the re-
establishment of the health of the President of the Republic,
whose illness delayed the consideration of my note of January
26th last past.

Obedience to paragraph 4 of the arbitration convention of
1880, by which Colombia and Costa Rica bound themselves to
fulfill the arbitral decision faithfully and promptly, as well as
the keen desire of my Government to remove forever and in a
definitive manner all cause for dissension between the two coun-
tries, 3 re sufficient reasons why I, in obedience to peremptory in-
structions from my Government, urge upon Your Excellency
that we reach at once the desired end.

For this purpose and in order to fix and settle the matter, I
make to Your Excellency the following declarations:

The publication in the Official Journal of the French Republic,
in the number of September 15, 1900, of the Award made by
H. E. the President of the French Republic as Arbitrator-Judge
of Right in the controversy regarding boundaries between Co-
lombia and Costa Rica, gave to the said arbitral judgment, in
accord with the Conventions of December 25, 1880, and Jan-
uary 20, 1886, and November 4, 1896, the character of a perfect
treaty, obligatory and ratified, between the Republics of Costa
Rica and Colombia.

In virtue of said irrevocable international Convention, accepted
by both parties, before it was delivered, all controversy as to
boundaries between Costa Rica and Colombia disappeared, all
diflferences in this respect being settled in fact and the rights of
dominion, jurisdiction and possession of each one of the nations,
being defined over the respective portions of the territories that
previously constituted the litigated zone.

547 >

Consequently, Costa Rica as well as Colombia held in the afore-
said Award the perfect title of their respective territorial rights.

As the line of demarcation indicated by the Arbitrator is a
natural one, as it is formed by the summit of the ridges and
Cordilleras, Colombia or Costa Rica may well occupy the terri-
tories which have been adjudicated to them and exercise therein
jurisdictional acts of dominion and possession, without any con-
dition whatever, their property titles since September 15, 1900,
being clear, perfect and unquestionable. Nevertheless, Colombia,
being animated toward Costa Rica by sentiments of the highest
and most sincere brotherhood, desires to proceed in what relates
to the fulfillment of the arbitral decision in close accord and
•harmony with it, establishing beforehand the time, manner, de-
tails and circumstances for tracing the boundary line between
the two nations and the delivery and receipt of the districts or
exchange of authorities that may be required.

Therefore, it formally invites Y. E. ,to execute a compact or
convention for regulating the execution of the Arbitral Award
above mentioned.

I renew to Y. E. the assurance of my highest and most dis-
tinguished appreciation.

IvOri:nzo Marroquin.
Excmo. Senor Don Justo A. Facio. .Minister of Foreign Relations.

San Jose.

548

Doc. 425 The Minister of Colombia to the Secretary of State in the
Departnient of Foreign Relations of Costa Rica.

Legation of Colombia

in

Mexico and Central America.

San Jose, February 27, 1901.
Mr. Minister:

The international arbitral decision in the matter of boundaries,
which, as stated in my previous note, is an executory judgment
and title of property, authorized the States which took part in
the arbitration to occupy the adjudicated territories as soon as
said title came into their possession, especially when the frontier
is marked by boundaries or natural objects, such as mountains,
rivers or the like.

Nevertheless, international courtesy has established the manner
in which the parties shall agree regarding the material execution
of the arbitration ; but it is not essential that the accord appear in
international compacts. In default thereof it is enough that one
Government communicate to the other, with due anticipation, the
time when it proposes to occupy the adjudicated territories, de-
livering those that belong to the other party, and the manner and
time when the delimitation, tracing and marking of the frontier
line may be done; so that the occupation may be done justly and
equitably, in accord with the precise terms of the Award and
without any trespasses upon neighboring territory.

The long illness of His Excellency, the President, so deeply
to be regretted, and the urgency for my leaving Costa Rica and
no other causes, have been the reasons that Y. E. and myself
have not come to the conclusion of an agreement, to which I
formally invited Y. E. in my note of February 13, for the execu-
tion of tlie Award regarding boundaries, delivered September 11,
1900.

It is far from the mind of the Government of Colombia, to be
violent, to threaten or constrain that of Costa Rica for its execu-
tion. My Government desires nothing else on this point except
that its acts in consequence thereof may worthily succeed the
very cordial and friendly ones which preceded and that they may

549

be dominated by the full and generous spirit by which the de-
cision itself was given.

After making this frank statement, I can, without fear of
offending in the least the susceptibilities of the Government of
Costa Rica, which would be contrary to my instructions and my
wish, state to Y. E. the way in which the demarcation of the
frontier can be carried out, in default of the special agreement
which I should have preferred.

One of the greatest advantages of the Award is that it closed
definitively and forever the only question, the only motive for
dissension, that may have ever existed between Colombia and
Costa Rica; but the arbitration will not yield its essential results
until the actual indication of the frontiers is finished. To delay
or to put off that act is to prolong an irritating discussion, use-
lessly and unhappily agitating the peoples, impairing the good
friendship and fraternal sentiments that ought to unite them and
to the evident injury of the good understanding of the Govern-
ments. To provide against such difficulties the signatories of the
Convention of Arbitration between Costa Rica and Nicaragua
provided with great certainty and precision thirty days, after the
Government was notified of the arbitral decision, for its fulfill-
ment, in the Convention of Arbitration regarding boundaries of
December 24, 1886.

If Costa Rica then accepted that peremptory term, it is not
asking a great deal that the French Award may begin its opera-
tion a year after it was delivered.

Besides, the Colombian Government considers itself under
obligation to look after the territories which were recognized by
that judgment as a portion of its domains, establishing Custom
Houses, defences, founding military and agricultural colonies,
initiating the service of missions, providing for the political and
judicial administration and employing the means conducive to
the improvement of the wealth, development and progress of the
-districts marked out.

Therefore, and with other reasons at hand with which I do not
desire to fatigue Y. E., the Government of Colombia in the mid-
dle of September of the present year will send commissioners to
take possession of the territories which have been adjudicated to
it under the Award and to deliver to Costa Rica those which

550

belong to it. The natural landmarks indicated by the Arbitrator
make this course easy and practicable, in my opinion.

But as doubts may arise and my Government desires that the
delimitation may be made without intrusions upon Costarican
territory and in as just and equitable a manner as may be pos-
sible, it will at the same time send with the commissioners that
have been mentioned a Scientific Commission, whose duties are
hereinafter indicated; which will arrive at this capital (if Y. E.
finds this point of meeting preferable to some Colombian place)
about the 15th of September of the present year. I have deemed
it opportune to indicate the convenience that the occupation and
delivery of the territories shall coincide with the arrival of the
Scientific Commission ; but, if Y. E. prefers that the occupation,
instead of being coincident, shall follow the arrival of the Com-
mission and wishes to fix a precise time for it, I think that the
Colombian Government will not have any objection thereto.

It may also be said that the Scientific Commission mentioned is
to meet with another of like character, which I have no doubt the
Costarican Government will appoint for the time already indi-
cated.

To the end that both commissions shall be identically made up,
I advise Y. E. that the Colombian Commission will be composed
of a chief engineer, two assistant engineers, one assistant secre-
tary engineer, one lawyer, one physician, one naturalist and a
draftsman.

These commissions shall be made up as a whole under one
engineer, whose appointment shall be i:equested by both parties
from H. E. the President of the French Republic and whose
duties shall be specifically as follows: whenever in carrying out
their operations the commissions of Costa Rica and Colombia
shall disagree, the disputed point or points shall be submitted to
the judgment of the engineer of H. E. the President of the
French Republic. The engineer will have full powers to decide
any difficulty that may arise and the operations which we are
considering shall be executed without any evasion in conformity
with his decision.

The expenses incurred in sending and during the stay of the
French engineer, as well as the compensation due to him during

551 I

the whole time that he continues in the pe/formance of his duties,
shall be paid in moities by the two Republics.

The duties of the Mixed Commission shall be as follows: if
the Government of Y. E. does not augment, suppress or vary any
of them :

1. To determine at what points and where not, the frontier
should be indicated by means of landmarks, omitting them
wherever it is thought that the frontier line (and as it is in the
greater part thereof) indicated by natural objects.

2. To cause to be erected at the points that shall be determined,
posts, pillars or other enduring marks, so that the frontier bound-
ary shall be unequivocal.

3. When doubts or disagreements arise, these shall not sus-
pend the tracing or marking of the frontier, except in the portion
in respect to which they may have occurred.

4. The Costaricans or Colombians who may have to pass from
one jurisdiction to the other, shall preserve their nationality, un-
less they choose the new one in a declaration made and sworn
to before the respective authority, within six months after being
under the new jurisdiction.

The formation of the Mixed Commission, as well as its duties,
shall be as generally understood by international practice in such
cases.

The manner of settling the doubts that may arise in carrying
out the Award, I have copied verbatim from Article 2 of the
Convention of March 27, 1896, celebrated between Costa Rica
and Nicaragua for the tracing and marking of their frontier line.
It is, therefore, a proceeding adopted and already used by Costa
Rica, very wise, rapid and beneficial. The Government of Co-
lombia entertains the belief that Costa Rica will not reject it in
the demarcation of its frontiers on the South, proceeding differ-
ent from what it used in those on the North; and I advise Y. E.
beforehand that my Government will not adopt any other.

Therefore, the Colombian Government will address itself to
the President of the French Republic, asking for the appoint-
ment of the Engineer Arbitrator ; and I hope that of Costa Rica
will do the same, to the end that the commissions of both coun-
tries can be duly made up together.

I cannot conceal from Y. E. that the intention of my Gov-

ernment to disregard the solution of the doubts and obscurities
which may arise in carrying out of the French Award, leaving
them to the Mixed Commission and as an ultimate recourse ta
the Arbitrator, has no other reason than the keen desire of re^
moving all motive for discussion or dissension with that of Costa
Rica. This will further prove to Y. E. the unshakable desire of
my Government that the Award shall be carried out within the
strict limits of probity and justice, and it is a natural conse-^
quence of the system adopted by both Governments for the solu-
tion of their differences regarding boundaries.

I take pleasure in renewing to Y. E. the assurance of personal
appreciation and high and distinguished consideration.

Lorenzo Marroquin.
. Ecmo. Senor don Justo A. Facio, Minister of Foreign Relations.

Doc. 426 Fragment of the Message of the President of the Repub-
lic, Don Rafael Iglesias, Presented to the Constitutional
Congress, May 1, 1901.

As touching our international relations, I ought to begin by
giving you an account of an important and transceridant matter,
the solution of which has disappointed the hopes of the Gov-
ernment and in like manner gone throughout the country. I
refer to the decision which was delivered by His Excellency, the
President of the French Republic, M. Emile L/)ubet, as Arbi-
trator, dated September 11 of the year last past, in the boundary
controversy of Costa Rica and Colombia. During a long period
of laborious investigations and at the expense of pecuniary sacri-
fices, Costa Rica succeeded in acquiring an extensive
and valuable collection of documents respecting its territorial
rights in dispute and founded upon those titles its defense and
its hopes of complete success in the contest. Unfortunately and
contrary to all prevision, the decision, which satisfied a great deal
of our legitimate claims so far as it refers to the southern part
of the Republic, adjudging to us a good portion of the territory
of which the provisional frontier statu quo deprived us and with
it the exclusive sovereignty over all the littoral of the Dulce Gulf,
traced the border on the Atlantic side under equivocal conditions^

553

which constituted for Costa Rica a considerable loss of the rights
claimed.

The decision says :

"The frontier between the Republics of Colombia and Costa
Rica shall be formed by the spur of the cordillera which starts from
Punta Mona on the Atlantic Ocean, and closes on the North the
valley of the River Tarire or Sixola; thence by the range that
divides the watershed between the Atlantic and the Pacific to
about the ninth parallel of latitude; it shall then follow the line
of the water divide between the Chiriqui Viejo and the affluents
of the Duke Gulf, ending at Punta Burica on the Pacific Ocean.

*'As to the islands, groups of islands, islets and banks situated
in the Atlantic Ocean, in proximity to the coast, to the East and
South East of Punta Mona, these islands, whatever be their
number or extent, shall form part of the dominion of Colombia.
Those which are situated to the West and North West of said
Point, shall belong to the Republic of Costa Rica.

"As to the islands more distant from the continent and in-
cluded between the Coast of Mosquitos and the Isthmus of
Panama, namely. Mangle Chico, Mangle Grande, Cayos de Alhur-
querque, San Andres, Sa<nta Catalina, Providencia, Bscudo de
Veragua, as well as all other islands, islets and banks, held by the
ancient Province of Cartagena, under the dominion of Canton de
San Andres, it is understood that the territory of these islands,
without any exception, belongs to the United States of Colombia.

"On the side of the Pacific, Colombia shall likewise possess,
starting from the islands of Burica and including them, all the
islands situated to the East of the Point of the same name ; those
that are situated to the West of said point being assigned to
Costa Rica."

It is to be regretted that the Award was not accompanied by a
chart of the territory in dispute, which, serving to explain and
complement it, might save at the time of the actual demarcation
the possible differences consequent upon the very significant cir-
sumstances that the topography of those places and the generality
of the terms of the Award afford opportunity for various loca-
tions of the dividing line. Foreseeing this, my Government, as
soon as it had knowledge of the arbitral judgment gave instruc-

554

tions to our Minister in Europe that he should present himself
to the High Arbitrator and communicate to him the understand-
ing that Costa Rica had of the first paragraph of the decision.

This was done by our representative in Paris on September 29»
setting forth that, in the opinion of this Government the frontier
was formed by the spur of the cordillera that starts from Cape
Mona on the Atlantic Ocean and closes on the North the valley
of the River Tarire or Sixola near the mouth of that river ; thence
proceeding in a West by Southwest direction on the left bank of
this river to the intersection of the Yurquin or Zhorquin (also
called Sixola, Culehras or Dorados) to meridian 82° 50' West of
Greenwich, 85° 10' West of Paris and 9° 33' of North Latitude.
Here the frontier line will cut the thalweg of the Tarire, on the
left bank of the Yurquin, and will proceed, in a Southerly direc-
tion, following the ridge of the watershed between the basins of
the Yurquin on the East and of the Uren on the West; thence
by the ridge of the watershed between the Atlantic and the
Pacific to about Latitude 9° ; thence following the line of the
watershed between the Chiriqui Vie jo and the tributaries of the
Dulce Gulf to end at Bu/rica Point.

Answering this statement, H. E., M. Delcasse, Minister of
Foreign Affairs of the French Republic, was pleased to say that
for lack of precise geographical data the Arbitrator was not able
to fix the frontier farther except by general jindications,
which he thought would be inconvenient to set out in a map.
But he did not doubt, as our representative had observed to him,
that, in conformity with Articles 2 and 3 of the Convention of
Paris of January, 188(5, this frontier line must be traced within
the limits of the territory in dispute, as they appear from the text
of said Articles. That under these principles it would be for the
Republics of Colombia and Costa Rica to proceed to the actual
. determination of their frontiers and the Arbitrator left the mat-
ter, at this point, to the spirit of conciliation and good under-
standing by which up to this time the two Governments had been
animated.

555

The Secretary of State in the Department of Foreign Re-
lations of Costa Rica to the Minister of Foreign Rela-
tions of Colombia.

De^partment of Foreign Relations.
San Jose, July 27, 1901.

ExcMO. Senor:

There were duly received in this Department of Foreign Re-
lations three notes of H. E., Seiior Doctor don Lorenzo Marro-
quin, Envoy Extraordinary and Minister Plenipotentiary of that
Government near that of this Republic, dated January 26 and
February 12 and 27 of the current year, to which I did not have
occasion to respond in substance, not only because the illness
from which the President of the Republic suffered prevented
him from acting in the very important matter set out therein, but
because Sehor Marroquin himself left shortly afterwards.

In the first two of these despatches, the distinguished Colom-
bian diplomat proposed the making of a compact regulating the
execution of the Arbitral Award delivered by H. E. the Presi-
dent of the Republic of France on September 11, of the pre-
ceding year, in the frontier litigation of Costa Rica and Colom-
bia; and in the last he suggested the thought that it was not
essential that the accord for the execution of international de-
cisions should be stated in a Compact, it being sufficient for
the purpose the notification that either of the Governments
might make to the other of the time and conditions proposed for
the occupation of the lands adjudicated to it and for the deliv-
ery of those that might not belong to it. By the last one he
informed my Government that that of Y. E., about the middle of
September of the present year, will send commissioners to take
possession of the respective territory and at the same time to this
capital a Scientific Commission, so that in union with the one
selected by Costa Rica and with an engineer arbitrator, whose
appointment shall be requested from the French Government,
the carrying out of certain operations relating to the demarcation
of the frontiers may be proceeded with.

556

I am pleased in reply to say to Y. E. that Costa Rica listens
with special pleasure to any proposition tending to bring to an end
this ancient quarrel and accepts indiscriminately, either by a formal
agreement or through a simple exchange of despatches, that there
shall be established the basis under which the demarcation shall
be carried out, provided that previously and in the usual form
both parties have come to an understanding respecting the point
the solution of which is an obligation antecedent to the operations
of setting up landmarks.

I refer, Mr. Minister, to the exact direction of the dividing line
on the Atlantic side. As to this particular, my Government, at
the first moment it had knowledge of the decision, gave instruc-
tions to our representative in Paris that he should declare before
the Arbitrator that Costa Rica interpreted the judgment as ap-
pears in the statement presented for that purpose, of which I
have the honor to send to Y. E. a copy. The explicit statement
of the Minister of Costa Rica was answered by the Arbitrator
in terms of perfect accord, as may be seen in the transcript of
his reply, which Y. E. will likewise find annexed.

My Government was inspired to proceed thus with the elevated
purpose of purging that solemn decision of every defect contrary
to the spirit of justice with which it is certainly animated, since,
as Y. E. will very well understand, any interpretation different
from that which Costa Rica has given and which impairing its
indisputable rights shall go beyond the claims of Colombia in
the litigation, wihh take away the force of the Award.

Considering, then, that the view of Costa Rica tends to pre-
serve intact the validity of the Award and that it is on the other
hand supported by the opinion of the Arbitrator, this Govern-
ment thinks that of Y. E. will gladly accept it. But in the unex-
pected and contrary event that it shall not so come about, and as
an agreement in this particular is indispensable, since the Arbi-
trator, according to his own expression, for lack of precise geo-
graphical data, could not fix the frontier except by means of
general indications, which he thought it was inconvenient to
precisely set out in a map, this Government considers it desirable
to open negotiations looking to a termination of the difficulty
within the scope and with the conciliation and good understand-

557

ing which the high authority of the Judge enjoins upon us for
the completion of his work.

I take this opportunity to offer to Y. E. the assurances of my
high consideration.

RiCARDO PaCH^CO.

To His Excellency the Minister of Foreign Relations of Colombia.

Bogota.

From a Monograph Written in July, 1901, by Professor
Dr. Edward Seler, of the University of Berlin, Con-
cerning the True Location of the Port of San Jeronimo
and Valleys of Coaza and of Guaymi, the Following
Passage is Taken:

"* * * In concluding his article Sefior Peralta has seen
fit to criticise the demarcation of the new boundary as I directed
it to be traced on the map. For this I am not responsible. At
that time I had not seen the text of the Award, for the printed
copy of which I was later indebted to the courtesy of Sefior
Peralta. Nevertheless, I must confess that in view of the very
clear wording of the arbitral sentence it would not have been
possible to trace a definite line. Moreover, it seems certain,
though Senor Peralta considers it so hypothetical that he rejects
it as impossible, that the Arbitrator departed from the provisions
of the Treaty so far as to attribute to Colombia a portion of
territory which that nation never had considered as included in
the litigation, and that is, the upper part of the Valley of the
Tarire and of its tributaries, the Coen and the Arari. And as I,
a third party and disinterested, could not remain indifferent in
the face of that res judicata, nor have I to reserve my opinion
as regards the conformity or inconformity of the sentence, I de-
sire to supplement the two prior ratifications with a third, and
that is, that in writing the last sentence of the article which I
duplicated in the ''Mitteilungen de Petermann" I expressed my-
self erroneously as regards the agreement of said sentence with
my own conclusions. There is in reality no such agreement.
Those conclusions certainly were that Colombia was entitled to
the possession of Almirante Bay, even to the whole of its extent.

55 ^

But there is not in the history of the conflict any reason that can
justify snatching away from Costa Rica the Changuena, the
River de, la Estrella of Juan X'azqnez de Coronado, of whicii
the latter took possession in the year 1564 in the name of the
King and on behalf of the Audiencia of Guatemala and where
he laid out mines for it, his companions and the King, and less
reason yet if the River Tarire is considered, on the banks of
which was founded the Colony of Santiago de Talamanca, for a
time flourishing, and in the basin of which the Costarican mis-
sionaries have sought since the earliest times of the conquest to
bring the natives to Christianity and Spanish culture."

Doc. 429 . Declaration of Independence of Panama.

November 3, 1903. ^

In the city of Panama, capital of the district of the same name,
at 4 o'clock in the afternoon of the 4th day of November, 1903,
the municipal council by its own right assembled, there being
present the following members of the city council: Aizpuru,
Rafael; Arango, Ricardo M. ; Arias, F. Agustin; Arosemena,
Fabio ; Brid, Demetrio H. ; Chiari, R. Jose Maria ; Cicalon, P. ;
Manuel, J. ; Dominguez, Alcides ; Lewis, Samuel ; Linares, En-
rique; McKay, Oscar M.; Mendez, Manuel Maria, and Vallarino,
Dario, the* mayor of the district and the municipal attorney, and
having for its exclusive object to debate regarding the situation
in which the country is at present, and to decide regarding what
should be most convenient toward the tranquility for the develop-
ment and aggrandizement of the citizens that constitute the
ethnographic and political entity denominated the Isthmus of
Panama.

Councilmen Arias, F., Arosemena, Chiari, Brid, Cucalon, B.,
y Aizpuru, Lewis, and Linares carefully took under special con-
sideration the historical facts by virtue of which the Isthmus of
Panama, by its own free will and in hopes of procuring for itself
the ample benefits of rights and liberty, cut asunder, on the 28th
of November, 1821, its ties from Spain, and spontaneously

^ Papers relating to the Foreign Relations of the United States, 58th
Congress, 2d Session. House of Representatives, Document No. 1.

559

joined its destiny to that of the great Republic of Colombia.
Reflections were made tending to show the union of the Isthmus
with the old and modern Colombia did not produce the benefits
that were expected from this act, and on mature consideration
particular mention was made of the o^reat and incessant injury
that has been caused to the Isthmus of Panama in its material
and moral interests at all times by the governments of the nation
which have succeeded each other during the intervals of the
federation, as well as those of the centralization — injuries which,
instead of being looked after and particularly remedied by those
whose duty it was, were being augmented each day and increasing
in importance with a persistency and ignorance that has exter-
minated in the cities of the Department of Panama the inclina-
tions which were spontaneously felt for Colombia, thus demon-
strating to them that, their cup of bitterness overflowing and all
hope of the future being lost, the moment had arrived in which
to dissolve certain ties which were a drawback to civilization,
which placed insurmountable barriers to all progress, and which,
on the whole, has produced unhappiness, upsetting and undoing
the ends of the political union in which they entered, moved by
the necessity to satisfy the desire of prospering within the right
respected and liberty assured.

In view of the circumstances mentioned, the municipal coun-
cil of the district of Panama, as a faithful interpreter of the sen-
timents of those they respect, declares in a solemn form that the
people under their jurisdiction from to-day and henceforth sever
their ties with Colombia in order to form, with the other towns
of the Department of Panama that accept the separation and
unite with them, the State of Panama, so as to constitute a re-
public with an independent government, democratic, representa-
tive, and responsible, that would tend to the happiness of the na-
tives and of the other inhabitants of the territory of the Isthmus.

In order to practically attain the fulfillment of the resolution
of the peoples of Panama of emancipating themselves from the
Government of Colombia, making use of their autonomy in order
to dispose of their destiny, to establish a new nationality free
from all foreign elements, the municipal council of the district of
Panama, for itself and in the name of the other municipal coun-
cils of the department, places the administration, working, and

560

direction of affairs, temporarily and while the new Republic be
constituted, in a board of government composed of Messrs. Jose
Agustin Arango, Federico Boyd, and Tomas Arias, in whom
and without any reserve whatsoever it gives powers, authoriza-
tions, and faculties necessary and sufficient for the satisfactory
compliance of the duties which in the name of the Fatherland
are confided to them.

It was ordered that the inhabitants of Panama be assembled
to an open council in order to submit for their approval the
ordinance that the present minutes contain, and which was signed
by the officers and members of the corporation present.

Demetrio H. Brid, R. Aizpuru, A. Arias F., Manuel J. Cucalon
P., Fabio, Arosemena, Oscar M. McKay, Alcides Dominguez,
Enrique Linares, J. M. Chiari R., Dario Vallarino, S. Lewis.
Manuel M. Mendez.

The secretary of the council, Ernesto J. Goti.

In our next issue we will publish the very extensive list of the
signers of the above declaration.

Doc. 430 Executive Resolution of the Government of the Republic

of Panama.

Panama, August 2, 1904.^

Resolution No. 28, Republic of Panama: National Executive
Power, Secretaryship of Government and Foreign Relations, No.
28, Pa<mm^, August 2, 1904.

By the resolution of June 10th of the current year the Alcalde
of Bocas del Toro imposed a fine of two hundred "pesos" ($200)
upon the firm of Adolf o Bolder & Co. for having carried in one
of their vessels to that town a Syrian proceeding from the Re-
public of Costa Rica, — a decision which the Provincial Governor
confirmed. As the said firm has not conformed itself to this
decision, it now requests revision by the Executive Power. As
appears by the procedure instituted to impose the fine alluded
to, and by the evidence given by the respective Governor, the
Syrian. John George, embarked on the launch "Mazini," the
property of Messrs. Adolfo Dolder & Co., at the place called

* Gaceta Oficial of Panama. Year one, No. 47, Second Term.

561 •

Gandokin (Gadocan) situated between the mouth of the river
Sixola and Point Mona.

Althoug-h by the arbitral award pronounced by the President of
the French Republic. Gandokin forms part of the Panama terri-
tory, this award has not been executed yet, and, while this is the
case, the Government of this Republic does not exercise juris-
diction at that place, because situated within the limits of the
disputed territory which originated the arbitration, and because
the ''statu quo" thus demands. In this manner the Costa Rican
Government is the actual possessor of the place in reference, in
the same way as that of Panama is the actual possessor of part
of the Costa Rican territory on the Pacific. The execution of
the award will give each sovereign the possession of the territory
which belongs to it, and the ''statu quo" will then terminate, but
meanwhile such is not the case, Gandokin will remain under the
jurisdictional action of Costa Rica/ and, as it was at that place
where George embarked with destination to the jurisdictional
territory of Panama, it is clear that Messrs. Bolder & Co. have
violated the law which prohibits Chinese, Turkish, and Syrian
immigration, and the decree which regulates it, reason for which
the decision under examination is correct, and it is thus declared.
Register, Communicate, and Publish. The Secret wry.

Tom AS Arias,
Secretary of State, etc.

Pacheco-Guardia Treaty.

Panama, March 6, 1905.

Law of January 26, 1907, by which the Treaty of Boundaries
with the Republic of Costa Rica was approved.

The National Assembly of Panama,
Considering :

1. That the Boundary Treaty, celebrated in this capital on
March 6, 1905, between the Diplomatic Representatives of the
Republics of Panama and Costa Rica, put an end to the ancient
difference in a way that was deemed equitable and convenient for
the high contracting parties.

2. That both countries, conformably to the declaration of the

562

first part of the Treaty, having respect for the Award delivered
by His Excellency, the President of the French Republic, at
Rambouillet, September 11, 1900, must take into account the pro-
vision in his decision regarding the adjudication of the island
portion in dispute, as to which nothing is said in the Boundary
Agreement, with the necessary variations in order to adopt what
is there provided with the form and circumstances of the treaty ;

3. That all cause for divergence of opinion must be avoided
and the points that may be confused in its text cleared up, such as
the directings referring to cardinal points of the lines forming the
continental frontier between the two Nations, for not conforming
with precision to the intent of the Treaty, which is that these lines
follow in general the summits of the spurs that form the division
of the waters that flow to the basins of the rivers that according
to it belong wholly to one or the other country ; and

4. That public opinion in both countries being excited by the
discussion of this matter, its final settlement should not be pro-
longed, either by the Treaty or by the application of the Award,

Decrees :

Article 1. The Boundary Treaty between the Republic of
Panama and that of Costa Rica is approved, which was celebrated
ad referendum in this city by the Plenipotentiaries, General Don
Santiago de la Guardia and Licenciado Don Leonidas Pacheco,
March ^, 1905, which consists of a Declaration, a Convention of
Boundaries and a Convention for setting Landmarks, the next
of which is as follows:

"The Governments of the Republic of Panama and of Costa
Rica, having in view the friendly and definitive settlement of any
questions that may be presented in future regarding their re-
spective territorial rights and animated by the desire of obliterat-
ing forever the differences which for many years were a source of
uneasiness between the two Nations here represented and which
should now be extinguished forever, since this is demanded by the
fraternal and reciprocal interests of both countries ; for the pur-
pose thereof, His Excellency, the President of the Republic of
Panama has given full powers to His Excellency, General Don

563

Santiago de la Guardia, Secretary of State in the Department of
Government and Foreign Relations, and His Excellency the
President of Costa Rica to His Excellency the Licenciado Don
Leonidas Pacheco, Envoy Extraordinary and Minister Plenipo-
tentiary to the Government of the Republic of Pwnama, which
Plenipotentiaries, having complied with all the due formalities,
make in the name of their respective Governments the following
declaration :

''The Signatory Republics solemnly declare that by the tenor
of what is provided and established in the respective laws and
treaties and the declarations made by the parties, the dispute re-
garding territorial limits, maintained for many years by the Re-
puWic of Colombia, the former owner of the territory in contro-
versy, now belonging to that of Panama and that of Costa Rica,
was settled by the judgment that His Excellency, the President of
the French Republic was pleased to pronounce in the respective
arbitral proceeding, at Rambouillet on September 11, 1900, and
in virtue of which, the frontier being fixed by the High Judge
by means of general indications, the material determination of the
same is left subject to the mutual accord prompted by the spirit
of conciliation and good understanding by which up to now the
two interested Nations have been animated.

"In witness whereof we sign and seal this in duplicate, in the
City of Panama, the sixth day of March, nineteen hundred and
five.

"Santiago de la Guardia.
"Leonidas Pacheco.

"Executive National Power:

"Panama, March 6, 1900. ^

"Approved :

"M. Amador Guerrero.

"The Secretary of Government and Foreign Relations,
"Santiago de la Guardia.

"The Governments of the Republics of Panama and Costa Rica,
taking into account the tenor of the Declaration made by them

564

this day, with reference to the Arbitral Award delivered by the
President of the French Republic on the eleventh of September,
nineteen hundred ; animated by the desire of binding and strength-
ening the fraternal relations that happily exist between the two,
and considering that one of the most expeditious and efficacious
means for securing the end desired is that of fixing in a definitive
and solemn manner the frontiers that bound their respective ter-
ritories, consulting in doing this not only their reciprocal senti-
ments of friendship but also the convenience of both countries;
that by virtue of the separation of the Isthmus, which took place
November 3, 1903, circumstances have profoundly changed since
the period when the arbitral judgment was delivered hereinbefore
mentioned to those of today; that these circumstances constrain
the two Republics to establish a frontier line that shall better
accord with their present and future interests; that the cordial
sentiments that animate the signatory Nations and the common
desire that their development, prosperity and progress may be
continued without any hindrances, rather with the support and
collaboration of each, show the desirability of consulting in the
new tracing the desires, aspirations and needs of both countries;
that being inspired by a criterion of conciliation and good under-
standing in order to establish the bases to which the tracing of the
frontiers must be adjusted, the Republics of Panama and Costa
Rica submit as is due to the revered counsel of the High Judge
that appears by the arbitral proceeding; for all this the parties
mentioned have resolved to celebrate the following treaty, to
which end His Excellency, the President of Panama, has commisr
sioned His Excellency, General Don Santiago de la Guardia,
Secretary of State in the Department of Government and Foreign
Relations, and His Excelleniy, the President of Costa Rica, His
Excellency, Licenciado Don Leonidas Pacheco, Envoy Extraor-
dinary and Minister Plenipotentiary before the Government of
the Republic of Panama.

The said de la Guardia and Pacheco, after having exchanged
their full powers which are found to be in due form, now agree
to establish the frontier that bounds the territories of the Nations
represented by them, in the definitive form that is set forth in the
following paragraph: '

565

I.

''The frontier between the Republics of Panama' and Costa
Rica shall be formed by a line that, starting from Punta Mona
on the Atlantic Ocean, proceeds in a Southwest direction until it
meets the Sixaola river, upstream from Cuabre. From this point
the dividing line will proceed by the left bank of said Sixaola
river to the intersection of this with the Yurqtdn or Zhorquin
river. Here the frontier line will cut the thalweg of the Tarire
or Sixaola on the left bank of the Yurquin and will follow in
a southerly direction the watershed, first between the basins of
the Yurquin on the East and of the Uren on the West, and thence
between those of the latter and those of the Tararia or Tilorio
until arriving at the summit of the great cordillera that divides
the waters of the Atlantic Ocean from those of the Pacific Ocean.
From this place the line will proceed in an East-south-east direc-
tion along the summit mentioned to a point called Cerro Pando,
which marks the beginning of the watershed between the rivers
Coto de Terraba and Chiriqui Vie jo. From here the frontier
will continue along the summit of the mountains of Santa Clara,
following the watershed between the rivers Coto de Terraba and
Bsquinas to the West, and the rivers Chiriqui Viejo and Coto del
Golfo to the East, until the headwaters of the river Golfito are
reached, along which the line will continue until it empties into
the Dulce Gulf, at the mouth called Golfito. Between this last
point and Puntarenitas a straight imaginary line will divide the
waters of Dulce Gulf,, the western portion of it remaining under
the exclusive dominion of Costa Rica and the eastern part under
the common dominion of both signatory Republics, excepting that
which on their respective coasts is called litoral sea and which
shall be considered an integral part of the contiguous territory.

11.

"An additional conventilon to the present Treaty shall establish
the method of proceeding for the frontiers fixed in the preceding
paragraph.

III.

"When the present Treaty shall be ratified by the respective
Congresses, steps will be taken within three months following the

5b6

date of the last of such ratifications to make their respective ex-
change, which shall be done in the city of Panama or in San Jose
de Costa Rica,

"In witness whereof we sign and seal the present document in
duplicate, in the city of Panama, the sixth day of March, nine-
teen hundred and five.

"Santiago de, la Guardia.

"Leonidas Pachkco.

"Executive National Power:
''Panama, March 6, 1905.
"Approved.

"Let it be submitted to the consideration of the National Assem-
bly for the constitutional purposes.

"M. Amador Guerrero.

"The Secretary of Government and Foreign Affairs,
"Santiago de la Guardia.

"The Republics of Panama and of Costa Rica, with the pur-
pose of establishing the most expeditious method for tracing and
marking the frontier line which is determined by the Boundary
Treaty signed between the same parties this day, have agreed to
celebrate the present agreement, for which object His Excellency
the President of Panama, has named His Excellency, General
Don Santiago de la Guardia, Secretary of State in the Depart-
ment of Foreign Relations, and His Excellency, the President of
Costa Rica^, has named His Excellency, Seiior Licenciado Don
Leonidas Pacheco, Envoy Extraordinary and Minister Plenipo-
tentiary before the Government of Panama.

"The said gentlemen, Guardia and Pacheco, having examined
their respective full powers, which they found in due form, have
agreed as follows :

I.

"With the object of tracing and marking properly the line estab-
lished by the first paragraph of the Boundary Treaty celebrated
between the signatory Republics this day, the contracting Gov-
ernments agree to each appoint a commission composed of the
necessary personel which shall perform its duties within the
periods and in the manner set forth in the following paragraphs :

567
II.

''The commissions created by the preceding article shall be taken
in charge as a whole by an Engineer whose appointment shall
be made in the manner hereinafter stated and whose functions
shall be combined as follows : when in carrying out their opera-
tions there is a disagreement between the commissions of Panama
and Costa Rica, the point or points discussed shall be submitted
to the opinion of said Engineer, who shall have ample power to
decide any difficulty whatever that may arise. The operations
under consideration shall be carried out in conformity with his
decision.

III.

''Within the three months following the exchange of the present
convention, already duly ratified by the respective Congresses,
the representatives in Washington of the two contracting Gov-
ernments shall proceed in common accord to request from the
President of the United States of North America that he appoint
the Engineer above referred to and that his selection be made.
If for lack of a representative of either of the two Governments
or for any other reason the request jointly within the term speci-
fied is not made, when the latter has expired, either of the repre-
sentatives of Panama or of Costa Rica in the Nation indicated
can separately make such request, which shall have all the effect
as if it had been made by both parties.

IV.

''The appointment of said Engineer being made, within the
three months following the date of that appointment the demar-
cation and marking of the frontier line shall be proceeded with,
which shall be concluded with the twelve months following the
date of the inauguration of the works. The Commissions of the
contracting parties shall meet at Colon within the periods fixed
for the purpose and shall begin their work at one of the extremes
of the dividing line that, according to the first paragraph of the
Boundary Treaty herein referred to, starts from Punta Mona
on the Atlantic Ocean.

568
V.

"The contracting parties agree that, if for any reason whatever
either the commission of Panama or that of Costa Rica shall fail
to be at the place designated on the day for initiating the work,
the work shall be begun by the Commission of the other Republic
that is present with the concurrence of the Engineer herein pro-
vided for and what is done in that way shall be valid and de-
finitive without affording any ground for complaint on the part of
the Republic that may have failed to send its commissioners. In
the same way it shall be proceeded with if any or all of the com-
missioners of either of the two contracting Republics are absent,
once the work is begun or if they refuse to carry it out in the
manner indicated in the present Treaty or under the decision of
the Engineer selected.

VI.

"The contracting parties agree that the period fixed for the con-
clusion of the setting of landmarks is not peremptory and there-
fore what may be done after its termination shall be valid,
whether that period was insufficient for the execution of all the
operations or because the commissions of Panama and Costa Rica
agree between themselves and in accord with the Engineer selected
in temporarily suspending the work and the period that may re-
main of that fixed is not enough to finish them.

VII.

"In case of the temporary suspension of the work of setting
landmarks, what is done up to that time shall be taken as con-
cluded and definitive and the boundaries as materially fixed in
the respective portion, even though by unexpected and unsur-
mountable circumstances such suspensions may continue indefi-
nitely.

VIII.

"The minute books of the operations that are signed and duly
sealed by the commissioners, shall be, without need of approval or

569

any other formality on the part of the signatory Republics, the
title of the definitive demarcation of their boundaries.

TX.

''The acts to which the preceding article refers shall be set forth
in the following form : each day, at the conclusion of work, there
shall be prepared a minute and detailed account of all that was
done, stating where the operations of the day were begun, the
kind of landmarks constructed or adopted, the distance one from
the other, the relative bearing of the line that determines the
common boundary, etc., etc. In case there is any discussion
between the commissioners of Panama and Costa Rica respect-
ing any point, there shall be set forth in the respective minutes
the question or questions discussed or the resolution of the Engi-
neer in relation thereto. These minutes shall be prepared in
triplicate. The Panama Commission shall keep one of the copies,
that of Costa Rica another and the aforesaid Engineer the third,
in order to deposit it, when the operations are finished, in the
hands of the United States of America.

X.

"The expenses which are incurred by reason of the sending and
the continuance of the Engineer here provided for, as well as the
compensation that is due to him during the whole time that he
continues in the exercise of his functions, shall be paid in moities
by the two signatory Republics.

XL

"The lapse of the periods hereinbefore referred to without the
work being done for which they were stipulated, shall not invali-
date the present Convention and the omission shall be made up
on the part of the Republic to which it belongs to do it, within
the shortest time possible.

XII.

"When the present Convention shall be ratified by the respective
Congresses, steps will be taken within the three months follow-

570

ing the date of the last of such ratifications to make their respec-
tive exchange, which shall be done in the city of Panama or in
San Jose de Costa Rica.

"In witness whereof we sign and seal the present convention in
duplicate in Panama, the sixth day of March, nineteen hundred
and five.

''Santiago de la Guardia. (l. s.)
"Leon IDAS Pacheco. (l. s.)

"Executive National Power :
"Panama, March 6, 1905.

"Approved :

"Let it be submitted to the consideration of the National As-
sembly for the constitutional purposes. *

M. Amador Guerrero.
"The Secretary of Government and Foreign Relations,
"Santiago de la Guardia."

With the following explanations:

1. The islands, islets, groups of islands and banks in dispute
situated in the Atlantic, to the East of the meridian that passes
by Punta Mona, shall belong to Panama, and those that are to the
West shall belong to Costa Rica. The islands, islets, groups of
islands and banks situated in the Pacific, to the South of the
imaginary line that goes from the mouth of the river Golfito, in
the bay of that name, to Puntarenitas, shall belong to the Nation
to whose coasts they are nearest.

2. The lines referring to cardinal points shall be excluded and
in preference shall be followed those of the division of the waters:
thus, the line that leaves Punta Mona in the Atlantic Ocean shall
follow the division of the waters that flow to the coasts of the
one country or the other to the point nearest to Cuabre and from
there to meet the river Sixaola, up stream from the site of Cuabre;
and

3. The River Golfito, to which the Treaty refers, is that which
conforms to the maps of Ponce de Leon, of Friederichsen, of
Monies de Oca, of Peralta, and that which was used during the
discussion of the Treaty, emptying to the Northwest in the bay

571

of Golfito, in the Dulce Gulf, close to the entrance of said bay,
and the imaginary line between the mouth of said River Golfito
and Puntarenitas shall pass to the Northeast of the entrance of
said bay.

Article 2. The Executive Power is authorized, if the Re-
public of Costa Rica does not approve this Treaty, at the latest
in the next ordinary sessions of its legislature, to suspend the
effects of this law and to require the fulfillment of the Loubet
Award.

Done in Panama, the twenty-fifth of January, nineteen hun-
dred and seven.

The President, R. Aizpuru.

The Secretary, Leopoldo Valdes A.

Executive National Power :
Panama, January 26, 1907.

Let it be published and executed.

M. Amador Guerrero.
Secretary of Foreign Relations,
Ricardo Arias.

This is a copy.

Under Secretary of Government and Foreign Relations,

Jorge L. Paredes.

The Minister of the United States to the Minister of For- Doc. 43a
eign Relations of Costa Rica.

American Legation to Costa Rica, Nicaragua, and Salvador,

San Jose, Costa Rica, January 29th, 1906.

Esteemed Sir,— I have to call the attention of Your Excel-
lency's Government to a cablegram received yesterday from the
Honorable Secretary of State at Washington in relation to the
stains of the "American Banana Company," H. L. McConnell,
President.

Said Company, as will be observed by Your Excellency, enters
complaint of its eviction from the Sixa^la Valley and Port Gado- .

572

kin and the seizure of its property there by the Goveninient of
Costa Rica.

When the voluminous correspondence and numerous interviews
in relation to this case were closed in the early part of 1905, I
hoped that before this the question as to the sovereignty and
legal jurisdiction over the Sixola Valley and Port Gadokin would
be settled between Your Excellency's Government and that of
the Republic of Panama. But a year has elapsed, and no action
known to me has been taken in the premises by either Govern-
ment. A decision as to the ultimate sovereignty and consequent
permanent occupation of the territory would greatly facilitate the
settlement of the Company's rights upon a basis of equity and
justice. The cablegram received from my Government enters
into such detail regarding its position in the case that I can do no
better than to quote it, calling to the attention of Your Excellency
the closing sentence thereof advising that a similar communica-
tion has been sent to the Government of the Panama Republic,
which I presume will address Your Excellency's Government
in connection therewith.

Meanwhile permit me to call Your Excellency's attention to
this case with the view of such a solution as will protect the in-
terests of American citizens involved and agreeable to the Gov-
ernments interested in the Sixaola Valley and Port Gadokin.

The cablegram alluded to reads as follows :

"Referring to questions aflfecting 'American Banana Company,'
it is represented that the Company is suffering through eviction
and seizure of their property in the disputed (Sixaola) territory.
You will say that, while we do not contravert the power of Costa
Rica and Colombia or Pancmia in making a provisional agreement
respecting administration of that territory pending the definite
settlement of its ownership, we do not cede the power of the
provisional administrator to execute judgement in the capacity
of Sovereign until the sovereignty of the territory is adjudicated
and the Courts of the Sovereign have passed upon the matters
involved. Nor do we cede the right of either to prejudice the
ultimate rights of American citizens therein by adverse action
in advance of such definite adjudication. This Government does
not undertake to determine the conflicting claims of title made by

573

this Company and by other American citizens, but will reserve
in behalf of any injured American citizen, as against either
Costa Rica or Panama, all rights which pertain to the territory and
for the infringement of which its rightful Sovereign may be
found responsible. A similar communication is made to the
Government of the Republic of Panama."

Be pleased, Mr. Minister, to receive the assurances of my
most distinguished consideration, and permit me to subscribe
myself,

Your Excellency's most obedient Servant,

WiLUAM Lawrence Merry,

E. E. and M. p. U. S. a.
To His Excellency

Senor Don Jose Astua Aguilar,

Minister of Foreign Relations, etc..
Republic of Costa Rica, San Jose.

The Minister of Foreign Relations of Costa Rica to the Doc. 433
American Minister.

San Jose, 3d of May, 1906.

Mr. Minister:

I respectfully refer to the polite nqte under date of January
29th of this year, in which Your Excellency was kind enough to
send a copy of the telegram of the 28th of the same month,
which your Government thought proper to address to you
through the Honorable Secretary of State, referring to a claim
of Mr. H. L. McConnell, fully discussed last year in writing and
verbally, and which it appears should Mave been considered as
entirely terminated, inasmuch as through the Costa Rica Min-
ister at Washington, and also before the Legation, over which
you preside with so much skill and merit, my Government ex-
plained the facts of the case, and demonstrated that it had
worked with indisputable reason and right, and since in the note
of June 7th, 1905, the last received in this matter until now, I
had the honor to communicate to you that the said gentleman
voluntarily and by virtue of a change of purpose, the motive of
which I have not succeeded in becoming acquainted with, had

574

notified me, in person, that he had abandoned the pending ne-
gotiation solicited by him, although he had accepted already, in
its larger part, as Your Excellency knows, the one under way.
My Government being mindful of the friendly intervention of
Your Excellency to establish a modus znvendi which, upon a
basis of equity, without injury to the territorial sovereignty of
Costa Rica or prejudice to third parties and within the possibili-
ties of our fiscal law, would govern the occupancy by McCon-
nell of the lands which he has endeavored to make his own in the
zone of Gandoca and along the left bank of the river Sixola, by
virtue of an usurpation of ownership, the features of which as a
transgression against the national property are clear by any cri-
terion, and which, at the same time, would lend itself by giving
it a retroactive effect to relieve him of the charge which exists
against him of having committed in the country acts of smug-
gling in its most serious form, that is the clandestine importation
of merchandise by the Gandoca, which is not a port qualified by
our laws for maritime traffic.

Your Excellency thought proper to call my attention to the
circumstance that the Secretary of State in Washington com-
municated also the said cablegram to the Government of Panama,
and even if the reply which the latter must give is obvious, in
view of the fact that it is evident from authoritative documents
that the said nation recognizes the total and exclusive jurisdic-
tion, or in other words the sovereignty of Costa Rica in said
lands, 1 thought it expedient to delay my reply to Your Excel-
lency while awaiting the declaration which that Republic should
make in this respect, and this explains why this office has de-
layed the reply to the important note which is the cau»e for the
present one, which I have the honor of addressing to you, with-
out my knowing as yet that which the Secretary of Eoreign Re-
lations of Panama may have seen fit to express.

In the cablegram cited, there appeared the following proposi-
tions, which I must treat separately and in the same order in
which they are given by the Honorable Secretary of State: —

1 . That the question under consideration in this incident refers
to the American Banana Company ;

2. That in the territory in dispute (that of the Sixola) my

575

government has taken possession of some property of said Com-
pany;

3. That at the present time there does not exist hetwt&n. Costa
Rica and Panama any arrangement governing the ownership and
administration of the territory mentioned, while the boundary
question is being definitely settled between the two countries ;

4. That while the boundary is not established in a positive
manner, the Government of the United States denies that Costa
Rica or Panama possess faculty as sovereigns, to carry into exe-
cution judgments referring to the appropriation of such lands
by their occupants, and that it does not admit either that the right
which American citizens claim to have acquired, by alleging acts
of their own consummated before the determination of the
boundary, may in any form be affected by the exercise of terri-
torial sovereignty of Costa Rica or Panama;

5. That the Government of Your Excellency does not under-
take to determine the preference between the titles which the
American Banana Company may allege, and the opposing titles
that other American citizens may allege concerning the lands of
the said zone, but that it reserves the right to protect any of them
against the damage that may accrue to them from the territorial
administration which Costa Rica or Panama might exercise in
the premises.

With the high consideration due to the illustrious government
of the United States, and maintaining for Your Excellency all
the respect to which you are entitled, I shall now lay before you
the observations of my government concerning every one of the
points enumerated, in the certainty that they will suffice to make
clear in the mind of the Secretary of State the justice of the case
of Costa Rica, and also to show once more the correctness of
the proceedings of my government in its relations with the for-
eigners who under the protection of its laws, yet in harmony
with them, seek fields for industrial activity and for a place for
its initiative, a correctness of proceeding which is not impaired
by the slightest injury to the right of others, and which has gained
for Costa Rica the high opinion in which it is held as a hospitable
land amongst the nations which favor her with their friendship,
and of which, it pleases me to believe, the Government of Your
Excellency has positive proof in its dealings with this Republic.

576

Since your legation, without doubt, has taken note of the
complete history of the McConnell affair, having had opportunity
of following in detail its course, in the interviews that have taken
place and by means of the pro memorias and other documents
which in due season I thought proper to communicate to you,
my task will not be long nor difficult, because it will be confined,
to a great extent, to my referring to that which Your Excellency
already knows and of which you possess documentary evidence.

First Point.

The Honorable Secretary of State of the Government of Your
Excellency has been incorrectly informed as regards the per-
sonality of the claiming party. In Costa Rica no company is
known that bears the name of "American Banana," nor has Mr.
McConnell presented himself to my government in the character
as president or manager of any company, a matter of which Your
Excellency can convince himself by merely referring to the me-
morial addressed by him to this office on the 5th of April, 1905,
which evidences with his own words that both when occupying
the area to which the question refers, and when asking my gov-
ernment for the grant of a title which would give legal standing
to the unlawful possession exercised by him, he acted for him-
self, and not for any other or others as jointly interested.

And although I do not attribute any very great significance to
the fact whether McConnell, when infringing our customs laws
and usurping state lands, did so in his own name and for his sole
benefit, or as representative of the "American Banana Com-
pany," and for the benefit of the latter, yet it is proper that such
a circumstance should not pass unnoticed, because it shows that
in this part, as well as in the rest, the claimant did not relate the
facts of the case with due exactness, having, on the contrary,
shaped them for his intention to produce, with the most power-
ful government of Your Excellency, an impression favorable to
his intention of making his own that which can lawfully become
such only by way of an acquisition in conformity with our laws,
and presented them so as to neutralize the acts of punishable im-
portation committed by him.

Second Point..

It is true that the Costa Rican authorities, after learning of the
fact that McConnell had usurped a considerable area of land be-

577

longing to the state and that, violating our customs law, he intro-
duced merchandise by way of the unquaHfied port of Gandoca,
ordered this gentleman, in compliance with their duty, to abstain
from exercising acts of ownership on land which is not his and as
a result of an unlawful traffic, seized the goods introduced by
him with audacious contempt of our fiscal law ; but both actions
are the logical and necessary consequence of the exercise of the
jurisdiction of the State within the territory that belongs to it,
according to its present boundaries ; a jurisdiction which, accord-
ing to the principles of private as well as international law, im-
plies, in order to be real and actual, the right of exclusion and
defence of one's property and the power of causing the laws
of the Republic to become imperative for all who live therein.
It is, therefore, evident that my Government has not deprived the
claimant of any property in Gandoca, because he did not possess
any there; that its action has been confined, on the one hand, to
preventing the continuance of usurpation of the national domain
in a region which, at the present time, belongs to the public treas-
ury, and which could not be taken by the irregular and unlawful
means of an occupation de facto, — and on the other hand, to
make eflfective the laws which govern smuggling in the importa-
tion of goods; which goes to show that an erroneous statement
has been made to the government of Your Excellency, when it
was informed that my government had appropriated any prop-
erty of Mr. McConnell or of the said ''American Banana Com-
pany."

Third Point.

I likewise attribute to deficient information given by the claim-
ant to the honorable Secretary of State, the assertion contained
in the cablegram as to the non-existence at the present time of
an arrangement between Costa Rica and Panama as to which of
the two nations shall exercise the territorial sovereignty in the
region of the Sixola, until the boundary treaty which is awaiting
the approval of their governments and legislatures, shall deter-
mine definitely the boundary.

Your Excellency is well aware, in the first place, that, for a
very long time, and by virtue of the statu quo in force between
the two countries, the dividing line between them is that of the
Sixola, Yurquin, and Rio Golfito, which leaves on the Costa Rica

t- ■•" " 578

side the region to which McConnell refers, and in the second
place that the government of Colombia before, during a long
series of years, and now that of the RepubHc of Panama, con-
sider said line as the frontier of the territory of Panama, as is
clearly expressed in resolution No. 28 of the Office of the Sec-
retary of State and Foreign Relations of the latter of said coun-
tries, issued on the 2nd of August, 1904, and published in its
Official Gazette of the 23rd of the same month, which among
other things says, ''Although by the arbitration decision handed
down by the President of the French Republic, Gandokin (region
of the Sixola) forms a part of the territory of Panama, this
arbitration decision has not been carried into execution as yet,
and as long as this does not take place, the Government of this
Republic (Republic of Panama) does not exercise jurisdiction
in that place, because the same is situate between the boundaries
of the territory, the dispute over which gave rise to the arbitra-
tion decision, and because the statu quo agreed on so demands
it. Therefore the Costa Rican Government is the present pos-
sessor of the place referred to, just as the government of Pana-
ma is the present possessor of a part of the Costa Rican territory
on the Pacific. The execution of the arbitration decision will
give to each sovereign the possession of the territory that be-
longs to it, and from that time forth the statu quo will cease;
but as long as this does not take place, Gandokin will remain
under the jurisdictional action of Costa Rica."

From what has been said, it follows that an effective and per-
fect arrangement exists, not of recent date, but existing for a
long time, concerning the exercise of the sovereignty in the re-
gion under dispute, to which the esteemed cablegram transmitted
to Your Excellency alludes ; effective because it has its origin in
the will of the two nations interested therein and because it con-
cerns a matter exclusively of their own, and perfect because aside
from what has been said it has been confirmed by the action of
their governments.

Fourth and Fifth Points.
That which I have just stated, correcting the statements con-
cerning the extent and scope of the jurisdictional sovereignty of
Costa Rica in its southern region, leaves no doubt whatsoever as
to the value and legal truth of the following conclusions : the

579 ' 4

first is that there exists a present boundary which divides the ter-
ritory of Costa Rica from the territory of Panama, for all the
effects of the international law of both countries, and from the
point of view of the international relations between the two Re-
publics, and with the other nations of the world, a boundary es-
tablished by the only parties whom it affects and who could fix
it, respected by them in the course of the years, sanctioned by
direct acts of their governments, and on the efficiency of which
for the same reason no discussion is admissible. The second is
that the provisional character of the said line of demarcation
does not operate in any way against the exercise of the sover-
eignty of my nation as far as the very bank of the Sixola and the
Yurquin, since the only thing that this quality implies is the
possibility of a modification in the frontier by virtue of a treaty,
but not a limitation of the actual territorial ownership as long as
in the absence of that agreement the statu quo lasts, as is declared
by Panama. Such sovereignty and dominion of Costa Rica in the
said region would be wholly a nominal and absurd thing if they
were not accompanied with the power of defending the territory
involved, of legislating on occupancy, possession and appropria-
tion of the lands which it comprises, on the commercial traffic,
on the order and security of the citizens, and other interests of
civil life, and at the same time with the power of dispensing jus-
tice through the courts* in controversies relative to the property
and possession of lands and in all kinds of transgressions of the
national laws.

Therefore my Government has viewed with the greatest sur-
prise the opinion expressed in said cablegram on this matter, and
which limits itself to asserting that the courts of Costa Rica have
no jurisdiction in the lands of Gandoca and the Sixola River;
that is, that my nation has no sovereign power there. If it is
asserted that its judges cannot pass any judgments nor order the
carrying into effect of anything with regard to the things that
occur in that integral part of its present territory, the predomi-
nance of its laws and the power of its authorities would be ab-
solutely and unreservedly repudiated, because it cannot be under-
stood what would be the object of one or the other without the
power of deciding with certainty, that is, efficiently, the cor-
responding controversies, so that the axiom that the courts are

580

*
the law brought into effect and Ufe, would be rendered futile;
whereby without remedy the inadmissible result would be reached
that that region is outside of all jurisdictional power, in view of
the fact that Panama without hesitation attributes it to Costa
Rica, and that the Honorable Secretary of State is of the opinion
that neither nation possesses it.

I am inclined to believe that because of the brevity of the text
of the cablegram, this office has made some mistake in interpret-
ing it, because my government considers it as an impossible thing
that the government of Your Excellency, which is so eminently
possessed of the qualities of wisdom, nobility and spirit of jus-
tice should have the intention of failing to recognize the sover-
eignty of my country over a part of the territory which it has
governed and is governing without restrictions and in agreement
with the Republic of Panama, which not only assents to the exer-
cise of our sovereignty, but considers it undeniable, and has so
evidenced in its acts of administration, as has been expressed
above, adding on its part the very important supporting opinion
that by virtue of the statu quo it exercises the same power in the
lands which the arbitration decision of the President of France
attributes to Costa Rica on the side of the Pacific and to the
south of the Golfito river.

To sum up: Mr. Minister, I have the honor of informing you
in order that Your Excellency may deign to transmit it to your
esteemed government, that the territory of Gandoca and the
Sixola River, from the very bank of this river, and of the Yur-
quin have been and are now subject to the sovereignty of Costa
Rica; that Mr. H. L. McConnell has attempted without title in
virtue of his own will alone, by means of an occupancy which
our laws and universal right qualify as the act of an usurper to
appropriate as lord and master a great area of that region; that
the same gentleman imported merchandise clandestinely by the
unopened port of Gandoca, for which purpose he chartered ships
which he caused to arrive at that point; that my government in
the exercise of the national sovereignty, and under the necessity
of inculcating respect for its laws acted through the fiscal au-
thorities to proceed against that unlawful action and smuggling,
and notified Mr. McConnell that he could not possess or make
use of the lands mentioned since he had not acquired them in

581

accordance with our laws; and that in the course of time said
claimant addressed to this office a memorial in which he so-
licited important concessions of land in those places, a memorial
which my government, to manifest its friendship for the govern-
ment of the United States and in consideration of the esteemed
recommendations of Your Excellency, considered with good will,
giving as a result thereof the reply addressed by this office to the
said gentleman on the 12th of April, 1905, in which it proposed
to him the leasing of said lands, up to the amount of two thou-
sand hectares for the term of twenty-five to thirty years, subject
only to the restriction of the rights acquired therein and to the
reservations indispensable in the case. Said proposition was
not accepted by McConnell, who after replying with a new plan
of settlement unacceptable in almost all its parts, and which gave
rise to a series of interviews at this office, finally agreed to the
greater part of the clauses of a modus Vivendi, which was com-
municated to Your Excellency, and in which he reached the reali-
zation of his wishes and in which my government had the satis-
faction of attaining the possibility of giving to that of Your Ex-
cellency a proof of its friendship, favoring, in spite of what had
preceded in the case, the interests of an American citizen ; Mr.
McConnell, however, just at the moment when the negotiations
were on the point of coming to a conclusion, and only an agree-
ment in matters of detail was necessary, informed me of his
decision to abandon all discussion, leaving matters as they were
in the beginning, in the irregular condition to which I have al-
ready referred.

It is necessary therefore in justice to recognize that my Gov-
ernment, aside from not having committed any act contrary to
what is prescribed by its laws and the rules of international law
affecting private rights, lent itself to making a concession to the
claimant, in which the desire is evident to act in a manner agree-
able to the government of Your Excellency, although protecting,
as is but proper, the rights of the nation so far as its sovereignty
and the respect for its fiscal regulations are concerned; and I
hope that by means of this note and the other data connected
with it, which I request Your Excellency kindly to communicate
to the Honorable Secretary of State at Washington, I shall suc-
ceed in convincing the illustrious and upright judgment of the

582

Government of the United States of the fact that mme has acted
in the matter in perfect harmony with the powers as sovereign
and without disregarding any right of the said company, or of
Mr. McConnell, treating the latter, on the contrary, with par-
ticular generosity.

It is my duty to send Your Excellency new copies of the me-
morial of Mr. McConnell and of the reply of this office, bearing
the date of the month of April of last year, and I also beg to
offer you anew the homage of my respect and distinguished con-
sideration.

Jose Astua Aguilar.
To His Excellency, Mr. William Lawrence Merry, Minister

Plenipotentiary of the United States, City.

Doc. 434 The Charge d' Affaires of the United States to the Min-
ister of Foreign Relations of Costa Rica.

American Legation,
San Jose, Costa Rica, April 27th, 1906.
Esteemed Sir :

Referring to this Legation's Despatch No. 369 of March 20,
1906, I beg to say that the Department of State at Washington
has again taken up the complaint of H. L. McConnell and the
American Banana Company against the Government of Costa
Rica, and, after giving it most careful attention, instructs me in
a despatch No. 694, dated April 16, 1906, to again most respect-
fully submit its views and conclusions to Your Excellency's hon-
orable consideration.

While some of the details of the case are involved in con-
troversy, my Government would invite Your Excellency's atten-
tion to three considerations which appear to be beyond dispute,
and which in the present aspect of the situation my Govern-
ment regards as of fundamental, if not of controlling, importance.

The first of these is that under the Loubet decision of 1900,
accepted as final by both Colombia and Costa Rica, the territory
included in the McConnell plantation was awarded to Colombia
(now Panama), and became subject to the jurisdiction of that
country. The second is that McConnell in 1903 entered upon
a portion of these lands, planted a large area with banana trees,
built houses, and started the construction of a tramway, expend-

583

ing large sums of money in his enterprise, and he alleges that
his proceedings were based upon the authority of certain laws
of Colombia relating to uncultivated lands. The third considera-
tion is that the pending treaty of March 7, 1905, between Costa
Rica and Panama, defining the boundary lines between those
Republics, will, when drawn, include the McConnell concession
within the jurisdiction of Panama.

My Government is not unmindful of the contention of Costa
Rica that an understanding has existed between Your Excel-
lency's Government and that of Panama, whereby the Gov-
ernment of Costa Rica has retained possession and administra-
tive control over the district, and pending the ratification of the
treaty of March 7, 1905, exercises police powers and other
general attributes of de facto sovereignty within the territory.
At the same time it is undeniable that the de jure sovereignty
has been in Colombia and Panama since the Loubet award, ac-
cepted as it is by Panama and Costa Rica, so that either by virtue
of that award or of the pending boundary treaty the territory
ultimately come under the jurisdiction of Panamxi. Meanwhile
certain American citizens, acting upon the assurances of the
authorities of Colombia and Panama and in accordance with
the laws of those States, have gone into this territory, expended
large sums in developing it, and by virtue of such acts have
acquired certain possessory rights thereunder, and are entitled
to protection therein. In the adjustment of any conflicting claims
of title which may arise or have arised my Government does
not pretend to interfere. But, on the other hand, after rights
possessory or otherwise in this property have been acquired in
good faith by American citizens, and have become vested in
them, the State Department at Washington is of opinion that
they should not be divested except by due process of law, by
ejectment or other appropriate legal action.

In my Government's conception of this matter, Costa Rica
exercises at present a temporary de facto sovereignty over the
territory included in the McConnell concession, subject of right
to be vested at any time at the will of Panama, but actually
continuing until such time as the pending boundary treaty is
ratified. She exercises the powers of Government that are neces-
sary for the orderly administration of the district, but should

584

not use this sovereignty in such a way as to impair the rights
of the de jure sovereign of the territory. Her functions of
government are limited by her tenure, which is of a temporary
and precarious character. Her duty is to preserve the prop-
erty, not to destroy it, and hand it over to her successor with-
out the commission of any acts tending to impair the ultimate
rights of the de jure owner. It is obvious, for instance, that
it would have been unwarranted exercise of sovereign power
for Costa Rica to grant a concession to McConnell for the con-
struction of his railroad beyond the termination of the de facto
sovereignty of Costa Rica. In a word, Your Excellency's Gov-
ernment stands in the position of a usufructuary entitled to
the fruits and profits of the territory during the period of tenure^
and it cannot be admitted that Costa Rica can in any way destroy
or impair the substance of the usufruct. In like manner it is
equally clear that the title to property rights in this territory
acquired since the Loubet award are determinable according
to the laws of Colombia and Panama, and it follows that Costa
Rica can rightfully exercise no jurisdiction within the terri-
tory which Panama could not exercise; and as Panama can-
not rightfully deprive possessors of title properly acquired under
Colombian laws, which remained in force after the secession
of Panama, without due process of law, it would be equally
unjust for Costa Rica to attempt to do the same thing.

In considering the present connection of Panama with the
territory in question, it would appear that that State has consented
that Your Excellency's Government continue as the de facto
sovereign until the ratification of the treaty. In the view of
my Government, as long as the Government of Qosta Rica is
the sovereign in possession, whatever attributes that accompany
or attend possession should be conceded to her, including the
right to control, by taxation or otherwise, importations, etc.,
at Gadokin. But the ultimate attributes belong to the ultimate
owner, and rights and titles which have accrued concerning the
lands within this area should not be prejudiced by the State having
accidental and temporary jurisdiction.

My Government insists that the property of Mr. McConnell
and those whom he represents be protected and preserved, with-
out any destruction thereof, until such time as the ultimate

585

rights of the parties may be passed upon by court or courts of
competent jurisdiction.

The Department of State at Washington disclaims any in-
tention to interfere in this case to the prejudice of the rights
of the United Fruit Company or any other American inter-
est already acquired in the territory immediately in question.

With assurances of my most distinguished consideration, I beg
to remain Your Excellency's

Most obedient servant,

James G. Bailey,
Charge d' Affaires ad interim.
To His Excellency Don Jose Astua Aguilar,

Minister of Foreign Relations of the Republic of Costa Rica,
San Jose.

The Secretary of State in the Department of Foreign Re- Doc 435
lations to the Charge d' Affaires of the United States of
America.

Department of Foreign ReIvATions,

San Jose, May 26, 1906.
Honorable Sir:

I have before me the despatch which Your Honor was pleased to
address to my predecessor in this office, Seiior Don Jose Astua
Aguilar, under date of April 27th last past.

This Department having been peremptorily occupied by the
changes in the personnel of the Government, as well as the neces-
sity of informing myself carefully of the details of the busi-
ness to which the note of Your Honor refers, the pres-
ent answer has been delayed until now, greatly to my regret.

Your Honor is pleased to state in your despatch mentioned,
No. 270, that the claim of McConnell and the American Banana
Company against the Government of Costa Rica has again been
taken up by the Department of State at Washington for con-
sideration, and that after much examination it has communi-
cated to Your Honor instructions to submit to my Govern-
ment three points of the question, which in the worthy opinion
of the Department of State, appear to me of vital and decisive
importance in the matter.

586

The first observation that the Cabinet at Washington, through
the respected medium of Your Honor is pleased to formulate^
is that, according to the Arbitral Sentence pronounced by His
Excellency, the President of the French Republic, accepted as
final, not only by Costa, Rica but by Colombia, the territory
in which the plantation and other works of Mr. McConnel are
found, out of which this question arises, was adjudicated to
Colombia (now Panama) and remained subject to the jurisdic-
tion of that country, the Government of Costa Rica therefore
lacking any legal basis for proceeding as it has done against the
acts of violence and usurpation, perpetrated by McConnell with-
in that territory.

Permit me, Your Honor, to call especially to your attention
the main idea of the foregoing assertion. Costa Rica has not
yet accepted the Award of His Excellency, President Loubet»
as a final solution of its boundary controversy with the Republic
of Colombia. Far from that, scarcely had my Government re-
ceived information of that remarkable act, when it declared,
under date of September 29, 1900, before the Arbitrator, through
its Legation in Paris, that Costa Rica interpreted the first para-
graph of the explanatory part of the Award, in the terms set
forth in that declaration. The Arbitrator, through His Ex-<
cellency, M. Delcasse, Mnister of Foreign Aflfairs of the Re-
public of France, was pleased to respond to the representation
of Costa Rica in terms of perfect understanding and urged upon
both parties that with the spirit of conciliation and harmony with
which they had been until that time inspired, they should seek to
put an end to the business, inasmuch as the Arbitrator had not
been able to fix the frontier except by means of general indi-
cations. Later in a note of this Department to the Minister
of Foreign Relations of Colombia, dated July 27, 1901, my Gov-
ernment informed that of Bogota of the attitude of Costa Rica,
in relation to this important business, declaring that ''any inter-
pretation different from that zvJiich Costa Rica has given
and which impairing its undisputed rights shall go beyond thd
claims of Colombia in the litigation, will take away the force
of the Award."

The representation to the Arbitrator and said note, the text

587

of which Your Honor has in extenso in the documents that T
have the honor to enclose to you, which are in essence but the
expression of the dissent of Costa Rica with respect to certain
details intimately related to the Award, the scope and efficacy
of which they would affect, show clearly that the Award has
been far from being unconditionally accepted as a final ending-
of the dispute over boundaries.

We may say, therefore, that after the note of July 27, which
clearly stated the attitude of Costa Rica, as to the arbitral de-
cision, the situation between Costa Rica and Colombia was one
of simple expectancy, without there having been any act which
could be understood in the sense of acceptance or submission
to the decision. This matter was not again taken up specially
between the parties interested, until the celebration of the treaties
of Panama, one of which had for its particular object to stipulate
the submission of the parties to the Award.

It may be observed here that, as the Plenipotentiaries who con-
cluded those treaties duly showed to His Excellency, Mr. John
Barrett, Minister of the United States to the Republic of Panama,
an intimate relation exists between them, not only from the
date at which they were signed, which shows the unity of the
act, but also by the consideration upon which they were based,
and from which jointly is to be drawn the idea that animated
the contracting parties in making the three pieces that constituted
them, connected acts, tending to a like end.

From the tenor of these treaties, therefore, it appears that if
the first of them has as its object the recognition of the Arbitral
Award, it is under the condition sine qua non of the stipula-
tions recited in the other two. Moreover, it must be taken
into account that up to now the aforesaid treaties have no legal
force whatever, whilst they are awaiting the legislative approval
that both Republics require as a basic principle to give effect to
international compacts, (Art. 65, paragraph 4, Constitution of
Panama: Art. 73, paragraph 4, Constitution of Costa Rica) and
that until this has been done and the stipulated exchange been
made, the acceptance of the decision as to boundaries is not a
thing definitely settled. Therefore it cannot be said that the
Arbitral Decision became a statutory law in favor of Panama,

588

in respect to the lands which Mr. McConnell claimed to occupy.
The situation, then, of the territory comprized within the
claim, so far as regards its jurisdiction, was and is that fixed
by the statu quo established in the treaty of March 15, 1825, rati-
fied by the Convention of December 25, 1880, the scope of which
has been the subject of various controversies ; but if we only had
to take into consideration the Colombian point of view to de-
termine it there could be adduced the text of the note addressed
to this Department by the Department of Foreign Relations of
Bogota, dated March 16, 1891, which says:

*'The Republic, then, being guided by especial sentiments of
conciliation, proposes that the provisional frontier shall be the
River Doraces, from its outlet in the Atlantic to its sources, fol-
lowing the Cordillera of Las Cruces to the River Golfito and
thence the River Golfito to its mouth in Dulce Gulf."

In the second place the Department of State considers that
Mr. McConnell, according to his allegations, occupied the lands
referred to in that claim, under the protection of certain laws of
Colombia relating to vacant lands. I ought in this particular
to respectfully observe to Your Honor that whatever the laws
of Colombia may be applicable to vacant lands, the zone of terri-
tory not possessed by that Republic was, under the general prin-
ciples of law and the positive accord of both Governments, clearly
expressed in the compacts the nature of which I have referred to,
excluded from the jurisdiction of that Republic. It is certain
that Mr. McConnell planted bananas over an extent of land
and made other important improvements therein, but it is also
true, as my predecessor duly took occasion to inform the Legation
in his note of March 13, last, that such acts were clandestinely
carried out and illegally, being therefore subject to the restric-
tions in such cases and the provisions of law relating thereto.

But inasmuch as the improvements which Mr. McConnell
or any other person may have made in a property, may give
him possible rights of civil order, it is admissible that the
claimant would have, perhaps, a right to claim the indem-

589

nities from him who, becoming the holder of said land, may
avail himself of his efforts and of his capital on the value
which these represent, but never in order to serve as the
basis for a pretended right against the laws of this country. At
this moment the lands in question, by virtue of denouncement are
the property of a private party, a company incorporated under
the laws of the United States, composed mainly of American
citizens and having a legal personality in Costa Rica. The
acquistion has been legally made, respecting our institutions and
under their protection. It is with this new proprietor, in my
view, that Mr. McConnell must legally settle his rights. In
passing I am pleased to assure Your Excellency that the courts
of Costa Rica have always afforded full and satisfactory justice;
thanks to which no action ever taken by any of them has ever
compromised the responsibility of the country abroad.

In the third place a point is made in the despatch of Your
Honor of the following consideration; that while the treaty of
March 7, 1905, which was celebrated between Costa Rica and
Panama, is pending, which defines the dividing line between the
two Republics, when that line is physically fixed, it will include
the McConnell concession under the jurisdiction of Panama.
From this the Government of Your Honor infers that until the
treaty of March is ratified, Costa Rica only exercises police
powers and other attributes of sovereignty de facto within the
territory in question, and it considers it unquestionable that the
sovereignty de jure has been in Colombia and is today in Panama.

Touching this particular I must state what has been the opin-
ion of Costa Rica during the whole period which has elapsed
since the boundary controversy was initiated, in order to demon-
strate the certainty and uprightness of its actions in the present
case and the inflexible logic and consistent spirit which has
inspired its conduct in the matter.

My Government feels that the difference between the sov-
ereignty de jure and the sovereignty de^ facto does not in the
present case support the theory that is advanced in the important
despatch of Your Honor. It thinks that the difference exists,
but it is not based on the attributes that go to make one or the
other, but it arises out of their origin and their cause and from

590

the real title under which these are exercised. Both the former
and the latter afford authority for the exercise of the same and
identical powers to carry out the acts that sovereignty in general
comprizes. They differ only in that one is made effective by in-
contestable law, with undoubted title, while the other is the result
of an act that is done with sufficient reasons to make itself re-
spected by virtue of an effective occupation, ample in itself to
respond before other Nations for the acts that are performed.
The conqueror who by his own ambition makes himself master
of a territory and subjects it to his will, governing it in accordance
with his needs and inclinations, or even the victorious revolu-
tionist who succeeds sufficiently to make his government respected
and maintain order, without doubt exercises a sovereignty de
facto; so that as regards the character and scope of their powers
they do not differ in any way from sovereignty de jure. But
of Costa Rica and Panama, exercising their sovereignty animo
domini in the disputed zone in virtue of a legitimate title, as the
Arbitral Convention is, it cannot be said that they have only a
mere de facto sovereignty ; and even if it was, it has already been
seen that it is not in its scope and character of less efficiency than
a sovereignty de jure.

Our right, then, to govern and dispose as a sovereign of the
territories that we are holding, while the demarcation of the
boundaries is in suspense, is a point not put in doubt, neither
by Colombia before nor by Panama now; and the complete sov-
eignty of both countries over that which each occupies until the
definitive demarcation is made, comprizes unlimitedly, as both
nations have understood it, all the attributes that go to make it up.

The title under which both parties govern what they hold in
those regions is the treaty and convention to which I have above
referred (March 15, 1825, and December 25, 1880). In that
treaty it is established that both countries formally agree to
respect their boundaries, as they are at present, reserving the
demarcation of the dividing line between the one and the other
to be made in a friendly way by means of a special convention:
and the convention mentioned itself added that while the bound-
ary question and the designation of the frontiers remains un-
settled, the statu quo agreed upon shall continue.

591

What was the agreement implicitly made up to that time and
what was it that was accepted afterwards? Clearly, that both
Republics should manage and govern, as their own, that which
they were and are holding, without either of them ever having
claimed that only the benefits of the civil law would be had dur-
ing that undecided period. From what has been stated it results
as unquestionable that Colombia previously, and now Panama,
have understood and do understand, conjointly with Costa Rica,
that each one of them is absolutely the owner of that which
it is holding; therefore it is that their transient disputes have
turned on whether this or that point was or was not occupied
by one or the other of them.

On the other hand, in the view of the undersigned, the prin-
ciples which define and regulate private property are not at all
applicable to national sovereignty, in order to deduce there-
from whoever is not a definitive sovereign cannot alienate. Pro-
prietorship, from the point of view of public international law,
or in other words, the eminent domain of the sovereign, con-
sists, as Your Honor well knows, in the power of always main-
taining subject to the authority of the laws a portion of the
territory, with full and ample power of decreeing expropriations
and of transferring by sale or by any other title the lands com-
prized within the public domain ; also in that of levying taxes,
and in a word that of doing one and all of the acts that sov-
ereignty comprizes within itself. Proprietorship, thus considered,
is surely not trans ferrable in the present case. No act of Costa
Rica which went to the extent of placing a part of the disputed
territory beyond the reach of the laws of Panama, when that
Republic, in virtue of the Loubet Award or of pending treaties,
incorporates into itself territory held in whole or in part by
Costa Rica today, for reasons which the Department of State
has very well stated, would be either regular or vaHd. But
adjudications of lands which at this very day are ruled by our
laws, and tomorrow may be subject without any hindrance to
the laws of Panama, constitute acts which if civil will subject
them to the property law, but not if international, where the
law which is the sovereign itself takes on a higher significance,
more absolute and transcendent. It is not possible that they

592

are prohibited for whoever holds, governs and administers a sec-
tion of territory.

The alienation of lands to private parties, which under civil
law constitutes a renunciation or abandonment of dominion,
under public law where the dominion has, as it may be said,
a different scope, is clearly an act of administration or of usu-
fruct ; and I assume that it is in this sense that the De-
partment of State considers Costa Rica the usufructor of the
territory in controversy with the Republic of Panama. The
method of securing the usufruct of that territory can only be
by ceding the lands which are the subject of private activity, by
sale or donation or other means, levying taxes and seeing that
the laws are complied with. These are all acts which do not
harm the eminent domain, the right to make effective the au-
thority of the legitimate master at any time and in any form.
The substance being saved, as the Romanists say, the act is
one of pure usufruct.

If the question were that of ceding to a foreign country a part
of the territory that may tomorrow belong to Panama or Costa
Rica, if such part were recognized as or declared an independent
State, then, indeed, the sovereignty would be harmed, it would be
an attempt against the eminent domain of that Republic ; and the
act would be irregular and void. While it is not so, the act is
regular and valid.

These, considerations, which I beg that Your Honor will be
pleased to communicate to the Honorable Secretary of State at
Washington, move me to confirm the communications of my
predecessor and to hope that, under the guidance of the spirit
of rigid justice of the United States, with them the Department
will arrive at the conviction of the uprightness and equitable
spirit which has animated the actions of my Government in the
present matter.

I am pleased to take this opportunity to reiterate to Your
Honor the assurance of distinguished consideration with which
I am your attentive and obedient servant.

Luis Anderson.

Honorable James G. Bailey,

Charge d' Affaires of the United States of America.

593

The Minister of Costa Rica to the Secretary of State. Doc. 436

Legacion de Costa Rica,
Washington, November 26, 1906.
Sir:

Referring to the conversation which I had the honor to have
with Your Excellency concerning the matter of the territorial
limits of Costa Rica and Panama, and in view of the pending
questions between two American Companies relative to certain
lands located in territory between Costa Rica and Panama, near
the Atlantic Ocean, it gives me pleasure to send to Your Excel-
lency, herein enclosed, copy and translation into English of the
three instruments signed by the two Governments looking to a
final settlement of the long-pending boundary question between
them. I add a note addressed by the Minister of Costa Rica in
Paris, Sr. Peralta, dated September 29, 1900, and answer thereto
by the Minister of Foreign Relations of the French Republic,
M. Delcasse, dated November 25, 1900, relating to the same
question. The latter of these notes states the fact that the Arbiter
in the absence of precise geographic data, was able to fix the
frontier only by means of general indications and asserts that it
will correspond to the two Republics to proceed to the material
determination of their respective frontiers, the Arbiter moreover
deferring to the spirit of conciliation and good understanding
which have inspired the litigant Governments, to which fact and
wise advice of the Arbiter reference is made in the first of the
three instruments above mentioned.

In connection with this matter and availing myself of this
opportunity I wish to state that as Your Excellency is doubtless
aware, Costa Rica took the initiative and brought about a friendly
settlement of this controversy, having also given due and careful
consideration to the claims of the interested American Com-
panies ; and that, although the two Republics have, in due course,
agreed on a Treaty of Limits, now pending ratification by their
Legislatures, a citizen of the United States, Mr. Herbert D. Mc-
Connelt, temporarily sojourning in Panama, with an evident view
to taking advantage of the prestige which his nationality affords,
has been engaged in an active agitation prejudicial to the good
understanding prevailing between the two countries, even peti-

594

tioning the Congress of Panama to enact legislation which if
carried into effect, would surely cause my Government the great-
est concern. A memorial signed by Mr. McConnell presented to
the Congress of Panama during the last month is attached hereto
for Your Excellency's information.

In submitting to Your Excellency the foregoing, I beg leave
to renew the assurances of my highest and most distinguished
consideration.

J. B. Calvo.

His Excellency Elihu Root, Secretary of State.

Doc. 437 Award in the Boundary Arbitration Between Honduras
and Nicaragua, Pronounced by the King of Spain.

Madrid, December 23, 1906.
Arbitral Award.

Don Alfonso XIH, by the grace of God and the Constitution,
King of Spain.

Whereas, there having been submitted to my decision the ques-
tion of limits that is pending between the Republics of Honduras
and Nicaragua, by virtue of Arts. 3, 4 and 5 of the Treaty of
Tegucigalpa, of October 7, 1894, and of the tenor of the Notes
addressed by my Minister of State, dated November 11, 1904,
to the Minister of Foreign Relations of said Powers :

Inspired with the desire to respond to the confidence the two
Republics mentioned have equally shown to the old Mother-
Country, in submitting to my decision matters of such import-
ance;

It appearing that, for that purpose and by Royal Decree of
April 17, 1905, there was appointed a Commission of Examina-
tion of the aforesaid question of limits, to the end that the points
in litigation might be cleared up and a preparatory report might
be issued of the Arbitral Award ;

It appearing that the High Parties interested presented in due
time their respective Alegatos and Replicas, with the correspond-
ing documents, in support of what each one considered his rights;

It appearing that the boundaries between the Republics of

595

Honduras and Nicaragua are already definitively fixed by both
parties, and by mutual accord, from the Coast of the Pacific
Ocean as far as the Portillo de Teotecacinte;

It appearing that, according to the Adas de Amapala, of Sep-
tember 14, 1902, and August 29, 1904, there was to be selected
by the Mixed Honduranian-Nicaraguan Commission a common
boundary point on the coast of the Atlantic, in order to carry
from there the demarcation of the frontier to the Portillo de
Teotecacinte mentioned, which could not be done because there
was no agreement;

It appearing that the territories in litigation comprise an ex^
tensive zone, which includes :

On the North, starting from the Portillo de Teotecacinte, and
proceeding by the summit of the Cordillera and following the
line or ridge which divides the waters of the rains to one side or'
the other, until ending at the Portillo where the spring rises that
forms the River Frio, thence following the flow from said spring^
and said river until it is joined with the Guayambre; and after
that by the flow of the Guayambre to where it joins with the
Guayape and the Guayambre take the common name of River
Patuca, following by the meanderings of this river until there
met the meridian which passes by Cape Camaron and taking this
meridian as far as the coast.

And on the South, from the Portillo de Teotecacinte, from the
headwaters of the River Lini6n\, going downstream, by the flow
of this river, and thence by the flow of the Poteca, to the con-
fluence with the River Segovia, continuing by the meandering of
this latter river until arriving at a point located twenty geographi-
cal leagues distant, right and perpendicular to the Atlantic Coast,
proceeding from this point toward the South upon an astronomi-
cal meridian until intersepting the geopraphical parallel of lati-
tude that passes by the out of the River Arena and of the lagoon
of Sandy Bay, and proceeding upon that parallel towards the
East from the intersection indicated to the Atlantic Ocean.

It appearing that the question which is the subject of this arbi-
tration consists, therefore, in determining the dividing line between;
the two Republics, included between a point on the Coast of the
Atlantic and the Portillo de Teotecacinte mentioned;

596

Considering that, according to what was agreed by both parties
in the third rule of Art. 2 of the Treaty of Tegucigalpa or Gamez-
Bonilla of 1894, by which this arbitration is governed, it must
be understood that each one of the Republics of Honduras and
Nicaragua is the owner of the territory which, at the date of
their independence belonging to Spain, constituted, respectively,
the Provinces of Honduras and Nicaragua;

Considering that the Spanish provinces of Honduras and Nica-
ragua were formed by historic evolution, until they were consti-
tuted two distinct Intendancies of the Captaincy-General of Gua-
teniala^, by virtue of what was provided in the Royal Ordinance
of Intendants of Provinces of New Spain of 1786, applied to
Guatemala, and under its regimen of Provinces Intendancies it
was found at the time of the emancipation from Spain in 1821 ;

Considering that by Royal Cedula of July 24, 1791, at the peti-
tion of the Governor Intendant of Coinayagua and in conformity
with what was granted by the Junta Superior of Guatemala, in
virtue of the provisions of Articles 8 and 9 of the Royal Ordi-
nance of Intendants of New Spain, there was approved the in-
corporation of the Alcaldia Mayor of Tegucigalpa with the In-
tendancy and Government of Comayagua {Honduras), with all
the territory of its Bishopric, by reason of said Alcaldia Mayor
being a province annexed to that of Honduras and being con-
nected with it, both in ecclesiastical matters and in the collection
of tribute :

Considering that, by virtue of this Royal Cedula, the Province
of Honduras had been formed in 1791, with all the territories
of the primitive Comayagua, those of its annexed Tegucigalpa
and those beside of the Bishopric of Comayagua, composing thus
a region that bordered on the South with Nicaragua, on the South-
west and West with the Pacific Ocean, San Salvador and Guate-
mala^ and on the North, Northeast and East with the Atlantic
Ocean, saving that portion of coast at that time occupied by
Mosquito Indians, Zambos, natives, etc.

Considering that there ought to be noted, as a precedent for
the provisions of said Royal Cedula of 1791, the demarcation
made by the two other Royal Cedulas of August 23, 1745, ap-
pointing, in one Don Juan de Vera, Governor and General Com-
mander of the Province of Honduras, for the command of that

597

province and of the rest included in all the Bishopric of Comay-
agua and district of the Alcaldia Mayor of Tegucigalpa and of
all the territories and coasts that are included from where the
jurisdiction of the province of Yucatan ends .to Cape Gracias a
Dios; and in the other Don Alonso Fernandez de Heredia, Gov-
ernor of the Province of Nicaragua and General Commander
thereof, and of Costa Rica, office of Corregimiento de Realejo^
Alcaldias Mayores of Suhtiava, Nicoya and other territories in-
cluded from Cape Gracias a Dios to the River Chagres exclusive.
In these documents, then. Cape Gracias a Dios indicated as a
border point for the jurisdiction conceded to the said Governors
of Honduras and Nicaragua, with the character with which they
were appointed.

Considering that it is also worth noting as an antecedent, the
communication of the Captain-General of Guatemala, Don Pedro
de Rivera, addressed to the King, on the 23rd of November, 1742,
concerning the Mosquitos Indians in which it is stated that Cape
Gracias a Dios is on the coast of the Province of Comayagua
(Honduras) ;

Considering that when, by virtue of the Treaty with England
of 1786, the English evacuated the country of the Mosquitos, at
the same time that new regulations were made for the Port of
Trujillo, the order was given to establish four settlements of
Spaniards on the Mosquito Coast, on the River Tinto, at Cape
Gracias a Dios, Blue fields and the outlet of the River oi San Juan,
so that while these establishments remained directly subject to
the military authority of the Captaincy-General of Guatemala,
both parties agreed to recognize that this in no way altered the
territories of the Provinces of Nicaragua and Honduras, the
latter Republic having shown by numerous certificates of legal
proceedings and of reports that before and after 1791 the Gov-
ernment-Intendancy of Comayagua intervened in all that be-
longed to its cognizance in Trujillo, River Tinto and Cape Gracias
a Dios;

Considering that Law 7, of Title 2, of Book 2, of the Recopi-
lacion de Indias, in determining the method that was to be used
in making the division of the territories discovered, provided
that it should so be carried out that the division for the temporal
should conform with that of the spiritual, the Archbishoprics

598

corresponding with the Audiencias, the Bishoprics with the Gov-
ernments and the Alcaldias Mayorcs, and the parishes and curacies
with the corregimientos and ordinary alcaldias;

Considering that the Bishopric of Comayagua or of Honduras,
which had already before 1791 exercised acts of jurisdiction in
territories now disputed, exercised them in an unquestioned man-
ner from that date in the demarcation of the Government-Intend-
ancy of the same name, it having been proved that it disposed
of surplus collections of tenths, issued matrimonial licenses, pro-
vided curates and heard claims of ecclesiastics in Trujillo, River
Tinto and Cape Gracias a Dios;

Considering that the establishment or settlement of Cape Gra-
cias a Dios, located somewhat to the .South of the Cape of the
same name and on the southern bank of the most important out-
let of the river now called Coco or Segovia, was from before
1791 included in the ecclesiastical jurisdiction of the Bishopric
of Comayagua, and continued a dependency of that jurisdiction
until the ancient Spanish Province of Honduras was constituted
an independent State ;

Considering that the Constitution of the State of Honduras,
of 1825, prepared at a time when it was united to that of Nicara-
gua, forming with others the Federal Republic of Central
America, establishes that "its territory includes all that which
belongs and has always belonged to the Bishopric of Honduras'' ;

Considering that the demarcation fixed for the Province or
Intendancy of Comayagua or of Honduras, by the Royal cedula
cited, of July 24, 1791, continued without variation at the time
when the Provinces of Honduras and Nicaragua obtained their
independence; since even when, by Royal Decree of January 24,
1818, the King approved the reestablishment of the Alcaldia
Mayor of Tegucigalpa, with a certain economic autonomy, the
said Alcaldia Mayor continued forming a part of the Province
of Comayagua or Honduras, dependent on the Political Chief of
that province; and as such part it took part in the election, on
November 5, 1820, of a Deputy to the Spanish Cortes, and a
substitute Deputy for the Province of Comayagua; and also
took part with the other parts of Gracias a Dios, Choluteca,
Olancho, Yoro, with Olanchito and Trujillo, Tencoa and Coma-

599

yagua in the election of the Provincial Deputation of Honduras,
which election was held on November 6 of the same year of 1820 ;

Considering that at the organization of the Government and
Intendancy of Nicaragua, with reference to the Royal Ordinance
of Intendants of 1786, it had been formed by the five parts of
Leon, MatagalpOi, Bl Realejo, Subtiava and Nicoya, not including
in this division nor in that which the Governor Intendant, Don
Juan de Ayssa, proposed in 1788, territories of what is now
claimed by the Republic of Nicaragua to the North and West of
Cape Gracias a Dios, it neither appearing that the jurisdiction of
the Bishopric of Nicaragua reached as far as the latter cape, and
noting that the last Governor Intendant in Nicaragua, Don Miguel
Gonzalez Saravia, in describing the province that was under
his command in his book, Bosquejo politico estadistico de Nica-
ragua, (Political and Statistical Sketch of Nicaragua) , published
in 1824, said that the divisory line of said province on the North
ran from the Gulf of Fonseca, on the Pacific, to the River Perlas
on the North Sea (the Atlantic) ;

Considering that the Commission of Examination has not found
that the expansive action of Nicaragua has been extended to the
North of Cape Gracias a Dios, nor reached, therefore, to Cape
Camaron; that no map, description of geography or document
of those examined by said Commission is there any mention that
Nicaragua might have reached to said Cape Gamaron, and that,
therefore, said Cape could not be selected as a frontier boundary
with Honduras upon the Coast of the Atlantic, as Nicaragua
claims ;

Considering that even though at some period it may have been
believed that the jurisdiction of Honduras extended to the South
of Cape Gracias a Dios, the Commission of Examination has
found that such extension of dominion never was well deter-
mined, and in any case was ephemeral farther down than the
settlement and port of Cape Gracias a Dios, and, on the other
hand, the action of Nicaragua has been extended and exercised
in a positive and permanent manner toward the said Cape Gracias
a Dios, and, consequently, it does not follow that the common
boundary on the Atlantic littoral can be Sandy Bay, as Honduras
pretends ;

600

Considering that in adopting either Cape Cameron or Sandy
Bay it would be necessary to have recourse to artificial dividing
lines, that do not correspond in any way to well-marked natural
boundaries, as the Gamez-Bonilla Treaty recommends;

CoNSiDEJtiNG that all the maps (Spanish and foreign) which
the Commission appointed by the Royal Decree of April 17, 1905,
has examined, referring to the territories of Honduras and Nica-
ragua, prior to the date of Independence, indicate the separation
between the two countries at Cape Gracias a Dios or to the South
of that Cape, and that, at a time subsequent to the Independence
maps like those of Squier (New York, 1854), Baily (London,
1856), Dussieux (made in view of data of Stieler, Petermann
and Berghaus, Paris, 1868), Dunn (New Orleans, 1884), Colton,
Ohman & Company (New York, 1890), Andrews (Leipzig,
1901), Armour (Chicago, 1901), mark the boundary at the same
Cape Gracias a Dios;

Considering that of the maps examined relating to the question,
only five present the boundary between Honduras and Nicaragua,
on the side of the Atlantic, to the North of Cape Gracias a Dios,
and these five maps are all subsequent to the date of Indepen-
dence, and even to the epoch when the litigation began between
the two States mentioned; that of these five maps, three are
Nicaraguan, the other two (one German and the other North-
American), while placing the boundary to the North of Cape
Gracias a Dios\, yet put it at a point very near to that Cape, or at
the extreme North of the delta of the River Segovia;

Considering that geographical authorities, like Lopez de Vel-
asco (1571-1574), Tomas Lopez (1758), Gonzalez Saravia (Gov-
ernor of Nicaragua, 1823), Squier (1856), Reclus (1870), Son-
nestern (1874), Bancroft (1890), have indicated as the common
boundary between Honduras and Nicaragua, on the Coast of the
Atlantic, the outlet of the River Segozna, or the Cape Gracias a
Dios, or a point to the South of this Cape;

Considering that Cape Gracias a Dios has been recognized as a
common boundary between Honduras and Nicaragua in various
diplomatic documents proceeding from the latter Republic, such
as the circulars addressed to the foreign Governments by Don
Francisco Castellon, Minister Plenipotentiary of Nicaragua and

bOl

Honduras (1844) ; Don Sebastian Salinas, Minister of Foreign
Relations of Nicaragua (1848), and Don Jose Guerrero, Su-
preme Director of the State of Nicaragua (1848), and the in-
structions given by the Government of Nicaragua to its Envoy
Extraordinary in Spain, Don Jose de Marcoleta, for the recog-
nition of the independence of said Republic (1850) ;

Considering that, according what is deduced from all that has
been stated, the point that best responds from reasons of historic
right, equity and geographical character, to serve as the common
boundary between the two litigant States, upon the Coast of the
Atlantic, is that of Cape Gracias a Dios, and that this Cape marks
what has practically been the end of the expansion of conquest
of Nicaragua toward the North and of Honduras toward the
South ;

CoNSiDKRiNG that, once adopted the Cape of Gracias a Dios
as the common boundary of the two litigant States on the At-
lantic littoral, there is to be determined the frontier line between
this point and the Portillo dc Teotecacinte, which was as far as
the Mixed. Honduranian-Nicaraguan Commission went ;

Considering that from Cape Gracias a Dios there is no great
Cordillera beginning, which from its character and direction
could be taken as the frontier between the two States, to start
from that point, and that, on the other hand, there is presented
at the same place, as a perfectly marked boundary, the outlet and
course of a river as important and carrying so much water as
that called Coco, Segovia or Wanksj

Considering that since the course of this river, at least in a
great part thereof, presents from its direction and the circum-
stances of its flow, the most natural and most precise boundary
that could be desired;

Considering that this same river Coco, Segovia or Wanks,
in a great part of its course, has figured and does figure in many
maps, public documents and geographical descriptions, as the
frontier between Honduras and Nicaragua;

Considering that in the volumes of the Blue Book correspond-
ing to the years of 1856 and 1860, presented by the Government
of His Brittanic Majesty to Parliament, and which figure among
the documents brought by Nicaragua, it appears : that according
to the note of the Representative of England in the United

602

States, who intervened in the negotiations in order to resolve the
question of the Mosquito territory (1825), Honduras and Nica-
ragua had mutually recognized as the frontier the River Wanks
or Segovia; that in Article 2 of the Agreement between Great
Britain and Honduras, of August 27, 1859, His Britannic Ma-
jesty recognized the middle of the River Wanks or Segovia,
which empties at Cape Gracias a Dios, as the boundary between
the Republic of Honduras and the territory of the Mosquito
Indians, and that in Article 4 of the Treaty between Great Brit-
ain and the United States of America, of October 17 of the same
year 1856, it was declared that all the territory to the South of
the River Wanks or Segovia, not included in the portion reserved
to the Mosquito Indians, and without prejudice to the rights of
Honduras, should be considered within the limits and sovereignty
of the Republic of Nicaragua;

Considering that it is necessary to fix a point at which the
course of this River Coco, Segovia or Wanks should be aban-
doned, before proceeding to the Southwest to go inland into ter-
ritory recognized as Nicaraguan;

Considering that the point which best unites the conditions
required in that case, is the place where the said River Coco or
Segovia receives, on its left bank, the waters of its tributary, the
Poteca or Bodega;

Considering that this point of the confluence of the River
Poteca with the River Segovia has been adopted also by various
authorities, and notably by the Engineer of Nicaragua, Don
Maximiliano V. Sonnestern, in his "Geography of Nicaragua for
the use of the Primary Schools of the Republic" (Managua)
1874 :

Considering that in continuing by the flow of the Poteca,
going upstream, until arriving at the junction with the River
Guinea or Namasli, there is reached the South of the location of
the Teotecacinte, to which the document presented by Nicaragua
refers, dated August 26, 1720, according to which said location
belonged to the jurisdiction of the city of New Segovia (Nica^
ragua) ;

Considering that from the point at which the River Guinea
enters to form part of the River Poteca, there may be taken as a
frontier line that which corresponds to the demarcation of the

603

said site of Teotecacinte until it connects with the Portillo of the
same name, but so that the site mentioned remains within the
jurisdiction of Nicaragua;

Considering that, if the selection of the confluence of the
Petaca with the Coco or Segovia, as a point at which the course
of said last river may be abandoned, in order to seek the Portillo
de Teotecacinte in said form should give rise to doubt or con-
troversy, it being supposed that the result favored Honduras in
the narrow region of the northern part of the basin of the Segovia
which would thus remain within its frontiers, in exchange and
as compensation for having adopted the outlet of the Segovia
in the form before stated, there shall remain within the do-
minions of Nicaragua the Bay and settlement of Gracias a Dios,
which, according to the proved antecedents, would with greater
right belong to Honduras; and

' Considering, finally, that while rule 4 of Article 2 of the
Gamez-Bonilla Treaty or Treaty of Tegucigalpa provides that
in order to fix the boundaries between the two Republics the do-
minion of the territory fully proved shall be considered, without
recognizing any juridical value in the possession in fact that one
party or the other may allege, rule 6 of the same Article provides
that, it being convenient, compensations may be made and even
indemnizations fixed in order to secure the re-establishment, as
far as possible, of well marked natural limits;

In conformity with the solution proposed by the Commission
of Examination, and by accord with the Council of State in full
session and with my Council of Ministers;

I DECLARE that the divisional line between the Republics of
Honduras and Nicaragua, from the Atlantic to the Portillo de
Teotecacinte, where the Mixed Commission of Limits of 1901
left it, not having been able to agree concerning the continuation
and its subsequent meeting places, shall remain determined in the
form following:

The extreme borders point on the Coast of the Atlantic shall
be the outlet of the River Coco, Segovia or Wanks in the Sea,
adjoining Cape Gracias a Dios, considering as the mouth of the
river its principal branch between Hara and the Island of San
Pio, where the said Cape is found, there remaining for Honduras
the islands and islets existing within the said principal branch

604

before reaching the bar, and keeping for Nicaragua the South
bank of the said principal mouth, with the Island of San Pio
mentioned, besides the Bay and settlement of Cape Gracias a Dios
and the arm or estuary named Gracias, which goes to the Bay of
Gracias a Dios, between the Continent and the said Island of
San Pio.

Starting from the mouth of the Segovia or Coco, the frontier
line shall follow by the meandering of valley course (thalweg)
of this river, going up-stream, without interruption until arriv-
ing at the site of its confluence with the Petaca or Bodega, and
from this point, the said frontier line shall leave the River Se-
govia, continuing by the meanders of the said affluent Petaca or
Bodega^, and following up-stream to the junction with the River
Guineo or Namasli.

From this junction the divisional line shall take the direction
that corresponds to the demarcation of the site of Teotecacinte,
with reference to the demarcation made in 1720, to end in the
Portillo de Teotecacinte, in such manner that said site shall
wholly remain within the jurisdiction of Nicaragua.

Done in the Royal Palace of Madrid, in duplicate, on the
twenty- third of December, One thousand nine hundred and six.

Al^ONSO.

The Minister of State,

Juan Perez Caballero.

605

Report of the Joint Committees of Foreign Relations and Doc. 438
Legislation of Costa Rica, Concerning the Pacheco-
Guardia Treaty.

San Jose, May 14, 1907.

The Governments of the Republics of Costa Rica and Panama,
having in view an amicable and definitive settlement of whatever
questions may in future arise concerning their respective terri-
torial rights, and animated by the desire to obliterate forever the
diflferences that have for so many years been a source of dis-
turbance between the two nations here represented, and which
ought now to be forever extinguished, inasmuch as that is de-
sirable for the fraternal and reciprocal interests of both coun-
tries ; —

Therefore, for the reasons stated, the Most Excellent Senor
President of the Republic of Costa Rica has given its full powers
to the Most Excellent Senor Licentiate Don Leonidas Pacheco,
Envoy Extraordinary and Minister Plenipotentiary before the
Government of the Republic of Panama; and the Most Excellent
President of the Republic of Panama to the' Most Excellent
Senor General Don Santiago de la Guardia, Secretary of State
in the Department of Government and Foreign Affairs; — which
plenipotentiaries, after having complied with the due formalities,
make in the name of their respective Governments the following
declaration :

1. The signatory Republics solemnly declare that by the tenor
of what has been provided and established by the respective laws
and treaties and the official declarations made by the parties, the
dispute as to territorial boundaries, carried on for many years by
the Republic of Colombia, the former mistress of the territory
in litigation, now belonging to that of Panama and to that of
Costa Rica, was settled by the sentence delivered in the respec-
tive arbitral proceeding by His Excellency the President of the
French Republic at Rambouillet on the 11th of September, 1900,
in which, the High Judge having fixed the frontier by means of
general indications, he left the material determination of the same
to that mutual accord which should be effected by the spirit of

606

conciliation and good understanding that have thus far inspired
the two interested nations.

In Witness whereof we sign and seal it in dupHcate in the city
of Panama, on the sixth day of March, 1905.

Leonidas Pacheco. (l. s.)

Santiago de la Guardia. (l. s.)

San Jose, May 7, 1906.
In view of the foregoing Convention and inasmuch as it ac-
cords with the good and friendly understanding had between the
High Contracting Parties, to come to an agreement in the
Boundary Treaty which was signed by them upon the same day,
let it be approved, upon condition that the said Boundary Treaty
be definitively ratified by the Public Authorities of the Republic
of Panmna, and with such understanding let the said Convention
be transmitted to the Constitutional Congress for the legal pur-
poses.

ESQUIVEL.
The Secretary of State in the Department of Foreign Aflfairs:
Jose Astua Aguilar.

The joint Committee of Foreign Relations and Legislation,
after having examined the Declaration of the sixth of March,
1905, in which the Minister of Costa Rica and the one of Panama
recognised that the dispute as to boundaries between the two
countries was settled by the arbitral decision of H. E. the Presi-
dent of the French Republic, the. Treaty as to boundaries which
followed said Declaration, and the Additional Convention con-
cerning the manner of proceeding to the erection of landmarks ;
— and after weighing the reasons set forth by the President of
the Republic in his Message relative to the matter aforesaid, are
of opinion that it would be most discreet to put aside the said
diplomatic Conventions.

The Message, to which reference has been made, being known
to the Congress, it rests with the Committee to demonstrate the
invalidity of the arbitral decision if it is to be interpreted in the
way which is claimed by our neighbors of Panama. The premise,
then, being stated that, under the supposed hypothesis, the de-
cision is invalid, the acceptance of the Conventions which are

607

under examination depends upon the view that is taken of the
advantages to be gained by the Republic in sacrificing the region
embraced between Piinta Burica and the River Golfito, in re-
nouncing absolute dominion over a great part of the Gulf of
Diilce and losing at the same time the Island of Coco, in order
to maintain lordship over Talamanca. They may exist, but the
reporting Committees, agreeing upon this point with the opinion
of the Senor President, do not see them.

The Treaty signifies the acknowledgment that, by virtue of the
Award, we lose Talamanca; and that, in order to recover it, we
give up a good part of that which the Arbitrator recognised as
ours ; so that, far from lessening our defeat it makes it the more
disastrous. For lack of sufficient data, it is difficult to deter-
mine, as between the southern portions of the Republic upon the
Atlantic and the Pacific, aflFected by the Treaty of Panama, which
is the most valuable ; but the impression of those making up this
report is that if the Loubet Award is to be carried out com-
pletely to our detriment, it v\70uld be better to comply with it than
to endeavor to turn it in another direction in the manner pro-
posed in the Treaty.

But if the Committees submitting this report are in harmony
upon this point with the view of the Senor President, they regret
not to be able to follow it in so far as he recommends the Decla-
ration that we recognise the validity of the arbitral sentence.
The said Declaration states that *'* * * by the tenor of what
has been provided and established by the respective laws and
treaties and the declarations made by the parties, the dispute
as to boundaries * * * ^^as settled by the sentence * * *."
If instead of saying "* * * and the declarations made by the
parties * .* *," it had been written "* * * and the decla-
rations made after the Award by the parties * * *," it is evi-
dent that wc would at any time be able to allege that our ac-
quiescence in the Award was conditional ; but the wording used
is liable to be construed, perhaps forcibly, in the sense that those
declarations were prior to the delivery of the Award.

Moreover, Panmna could argue that if, notwithstanding the
signing of the Declaration, the efficacy of the Award of M.
Loubet was left a matter of opinion, there would be no reason for
such Declaration. To avoid a new complication it would be

r)08

preferable that the Declaration take the same fate as the Treaty,
all the more when it is clear that the representative of Costa
Rica, if he subscribed the Declaration, did so only with the un-
derstanding that the Boundary Treaty was desirable for the
interests of the Republic and was to be accepted here. Other-
wise the Declaration would never have been signed.

The Convention for setting landmarks, if the Treaty fails, no
longer has any reason for its existence.

Summing up, the Committees are of opinion that the three
agreements at Panama should be allowed to lapse.

National Palace, San Jose, May 14, 1907.

Carlos M. Jimenez.
RiCARDo Jimenez.
Gregorio Martin.
Federico Faerron.

TOB. ZUNIGA MonTUFAR.

Felix Mata Valle.''

Doc. 439 Congress in Secret Session Decides to Allow the Con-
vention and Declaration as to boundaries and the Lou-
bet Award to Lapse, Oct. 24, 1911.

The undersigned Secretary of State in the Department of For-
eign Affairs of the Republic of Costa Rica, Certifies:

That in virtue of the report made to the Constitutional Con-
gress by the joint Committees of Foreign Affairs and Legisla-
tion, concerning the Conventions between Costa Rica and Panama
as to boundaries and for the erection of landmarks and the
Declaration regarding the validity of the Loubet Award, all of
which were signed in the city of Panama' on March. 6, 1905, by
the plenipotentiaries of the two countries, it was in secret session
decided to allow the said Conventions and Declaration to lapse.

Given in the city of San Jose, on the twenty-fourth day of
October, 1911.

Manuel Castro Quesada.
A seal reading :
"Secretaria de Relaciones Exteriores.
Republica de Costa Rica."

609

The Minister of Costa Rica on Special Mission to the Doc. 440
Secretary of State.

Legacion

de

Costa Rica.

Mision Especial.

Washington, December 9, 1907.
Sir:

I have the honor to confirm herewith our conversation of the
4th instant. As I have had expressed to Your Excellency the
Government of Costa Rica is animated by the best desires to
bring to an end the boundary controversy pending with the Re-
public of Panama, but various circumstances have opposed them-
selves until the present to prevent the accomplishment of this so
desirable result ; and it is to be believed that the present situation
will continue indefinitely, if the good and impartial offices of
Your Excellency's Government, who has shown such marked evi-
dences of sympathy and interest as well for Costa Rica as for
Panama, do not come to the aid of both countries with the object
of adjusting the difference.

As Your Excellency was good enough to express to me, the
importance to the Government of the United States of the deter-
mination of the respective jurisdiction of Costa Rica and Panama
in the territory in dispute, with respect to questions arising be-
tween American citizens in regard to better title to those lands no
less than the good disposition always evinced by Your Excel-
lency's Government in favor of the friendly settlement of any
differences between the sister states of the American Continent,
cause me to hope that this time it will also give us the benefits of
its moral support to a just settlement of the question.

The Minister of Costa Rica in Washington, Sefior Don Joaquin
Bernardo Calvo, has kept Your Excellency informed of the dif-
ferent phases which the boundary question has assumed since
His Excellency the President of France, Monsieur Emile Loubet,
the Arbiter chosen to adjust it, pronounced his Award.

Minister Calvo in a note dated November 26, 1906, transmitted
to Your Excellency copy and translation into English of the three
instruments signed in Panama, looking to the final settlement of

610

the pending boundary question between the two countries. With
these papers he also sent copy of a note addressed by the Min-
ister of Costa Rica in Paris, Senor Don Manuel Maria Peralta,
to the Secretary of Foreign Relations of the French Republic,
Monsieur Delcasse, dated September 29, 1900, and of the answer
to the same, dated November 25 of the same year, concerning the
interpretation given by Costa Rica of the Award which His Ex-
cellency President Loubet issued on the eleventh of same month
of September, 1900. In the second of these notes the fact is
stated that the Arbiter in the absence of precise geographic data,
was able to fix the boundary line only by means of general indi-
cations, and it is also asserted that it will correspond to the two
Republics to proceed to the material determination of their re-
spective frontiers, the Arbiter deferring, moreover, to the spirit
of conciliation and good understanding which inspired the two
Governments, of Colombia and Costa Rica, then, as now inspire
those of Costa Rica and Panama.

Lately, in view of the modifications, by the way, unacceptable
to Costa Rica, which under the modest title of **aclaraciones,"
(explanations) the Assembly of Panama introduced in the second
of the three instruments mentioned, modifications which brought
practically about the failure of the Treaty in both countries.
Minister Calvo expounded to Your Excellency in an interview
held on the 2()th of last June, the views of the Government of
Costa Rica on this subject, expressing besides the objections
existing against the Treaty of Panama and against the French
Award. These objections being of such a tiature that, if pre-
sented, would undoubtedly cause a complete invalidation of said
sentence.

In this occasion Mr. Calvo also manifested the good will of
my Government to arrive at a final and satisfactory solution of
the question, if not directly, by proposing to the Government of
Panama to submit to the arbitration of the Chief Justice of the
United States whatever refers to the interpretation of said
Award.

Your Excellency was kind enough to express to Mr. Calvo that
the way suggested by my Government was found to be acceptable,
in case no other more direct one could be found, and that, there
being no objection to the nomination of the proposed Arbiter

the Department under Your Excellency's able direction would,
with great pleasure, co-operate to obtain the acceptance of the
Chief Justice of the United States, or of any of the Associate
Justices of the Supreme Court, should the former because of any
circumstances not be able to accept the nomination.

Consistent with the foregoing and again referring to the inter-
view of the 4th instant, already mentioned, I desire to request
Your Excellency's good offices with the Government of Panama
to the desired end. My Government who appreciates greatly the
tokens of consideration received from the illustrious Government
of ^Washington, is confident that through its wise and disinter-
ested co-operation the Republic of Costa Rica will be able to carry
to a happy end the fixing of the dividing line with her sister Re-
public of Panama, thus making closer still, if possible, the
friendly relations which happily unite those two countries.

Be pleased. Sir, to accept the assurances of my highest and
most distinguished consideration.

Luis Anderson.
His Excellency Elihu Root, Secretary of State.

Case Adjudged in the Supreme Court of the United States, doc. 441
American Banana Co. v. United Fruit Co.

October, 1908.i

Mr. Justice Holmes delivered the opinion of the court.

This is an action brought to recover threefold damages under
the Act to Protect Trade against Monopolies. July 2, 1890, c.
647, §7, 26 Stat. 209, 210. The Circuit Court dismissed the
complaint upon the motion, as not setting forth a cause of action.
160 Fed. Rep., 184. This judgment was affirmed by the Circuit
Court of Appeals, 166 Fed. Rep., 261, and the case then was
brought to this court by writ of error.

The allegations of the complaint may be summed up as fol-
lows: The plaintiff is an Alabama corporation, organized in 1904.
The defendant is a New Jersey corporation, organized in 1899.
Long before the plaintiff was formed, the defendant, with intent
to prevent competition and to control and monopolize the ba-

* United States Reports, vol. 213, p. 353. New York, 1909.

612

nana trade, bought the property and business of several of its
previous competitors, with provision against their resuming the
trade, made contracts with others, including a majority of the
most important?, regulating the quantity to be purchased and the
price to be paid, and acquired a controlling amount of stock in
still others. For the same purpose it organized a selling com-
pany, of which it held the stock, that by agreement sold at fixed
prices all the bananas of the combining parties. By this and
other means it did monopolize and restrain the trade and main-
tained unreasonable prices. The defendant being in this ominous
attitude, one McConnell in 1903 started a banana plantation" in
Panama, then part of the United States of Colonibia. and began
to build a railway (which would afford his only means of ex-
port), hotli in accordance with the laws of the United States of
Colombia. He was notified by the defendant that he must either
combine or stop. Two months later, it is believed at the defend-
ant's instigation, the governor of Panawia recommended to his
national government that Costa Rica be allowed to administer the
territory through which the railroad was to run, and this although
that territory had been awarded to Colombia under an arbitration
agreed to by treaty. The defendant, and afterwards, in Septem-
ber, the government of Costa Rica, it is believed by the induce-
ment of the defendant, interfered with McConnell. In Novem-
ber, 1903, Panama revolted and became an independent republic,
declaring its boundary to be settled by the award. In June, 1904,
the plaintiff bought out McConnell and went on with the work,
as it had a right to do under the laws of Panama. But in July,
Costa Rican soldiers and officials, instigated by the defendant,
seized a part of the plantation and a cargo of supplies and have
held them ever since, and stopped the construction and operation
of the plantation and railway. In August one Asttia, by ex parte
proceedings, got a judgment from a Costa Rican court, declar-
ing the plantation to be his, although, it is alleged, the proceed-
ings were not within the jurisdiction of Costa Rica, and were
contrary to its laws and void. Agents of the defendant then
bought the lands from Astua. The plaintiff has tried to induce
the government of Costa Rica to withdraw its soldiers and also
has tried to persuade the United States to interfere, but has been
thwarted in both by the defendant and has failed. The govern-

613

ment of Costa Rica remained in possession down to the bringing
of the suit.

As a result of the defendant's acts the plaintiff has been de-
prived of the use of the plantation, and the railway, the plantation
and supplies have been injured. The defendant also, by outbid-
ding, has driven purchases out of the market and has compelled
producers to come to its terms, and it has prevented the plaintiff
from buying for' export and sale. This is the substantial damage
alleged. There is thrown in a further allegation that the de-
fendant has "sought to injure" the plaintiff's business by offering
positions to its employes and by discharging and threatening to
discharge persons in its own employ who were stockholders of
the plaintiff. But no particular point is made of this. It is con-
tended, however, that, even if the main argument fails and the
defendant is held not to be answerable for acts depending on the
co-operation of the government of Costa Rica for their effect, a
wrongful conspiracy resulting in driving the plaintiff out of busi-
ness is to be gathered from the complaint and that it was entitled
to go to trial upon that.

It is obvious that, however stated, the plaintiff's case depends
on several rather startling propositions. In the first place the
acts causing the damage were done, so far as appears, outside the
jurisdiction of the United States and within that of other states.
It is surprising to hear it argued that they were governed by the
act of Cbngress.

No doubt in regions subject to no sovereign, like the high seas,
or to no law that civilized countries would recognize as adequarem
such countries may treat some relations between their citizens as
governed by their own law, and keep to some extent the old
notion of personal sovereignty alive. See The Hamilton, 207 U.
S., 398, 403 ; Hart v. Gumpach, L. R. 4 P. C. 439, 463, 464 ;
British South Africa Vo. v. Companhia dc Mozambique (1893),
A. C. 602. They go further, at times, and declare that they will
punish any one, subject or not, who shall do certain things, if
they can catch him, as in the case of pirates on the high seas.
In cases immediately affecting national interests they may go
further still and may make, and, if they get the chance, execute
similar threats as to acts done within another recognized juris-
diction. An illustration from our statutes is found with regard

614

to criminal correspondence with foreign governments. Rev.
Stat., §5335. See further Commonwealth v. Macloon, 101 Mas-
sachusetts, 1 ; The Sussex Peerage, 11 CI. & Fin. 85, 146. And
the notion that English statutes bind British subjects everywhere
has found expression in modern times and has had some startling
applications. Rex v. Sawyer, 2 C. & K. 101 ; The Z Oliver em,
Swabey, 96, 98. But the general and almost universal rule is that
the character of an act as lawful or unlawful must be determined
wholly by the law of the country where the act is done. Slater v.
Mexican National R. R. Co., 194 U. S. 120, 126. This principle
was carried to an extreme in Milliken v. Pratt, 125 Massachu-
setts, 374. For another jurisdiction, if it should happen to lay
hold of the actor, to treat him according to its own notions rather
than those of the place where he did the acts, not only would be
unjust, but would be an interference with the authority of
another sovereign, contrary to the comity of nations, which the
other state concerned justly might resent. Phillips v. Byre, L. R.
4 Q. B. 225, 239; L. R. 6 Q. B. 1, 28; Dicey, Conflict of Laws
(2d ed.), 647. See also Appendix, 724, 726, Note 2, ibid.

Law is a statement of the circumstances in which the public
force will be brought to bear upon men through the courts. But
the word commonly is confined to such prophecies or threats
when addressed to persons living within the power of the courts.
A threat that depends upon the choice of the party affected to
bring himself within that power hardly would be called law in
the ordinary sense. We do not speak of blockade running by
neutrals as unlawful. And the usages of speech correspond to
the limit of the attempts of the lawmaker, except in extraordinary
cases. It is true that domestic corporations remain always within
the power of the domestic law, but in the present case, at least,
there is no ground for distinguishing between corporations and
men.

The foregoing considerations would lead in case of doubt to a
construction of any statute as intended to be confined in its
operation and effect to the territorial limits over which the law-
maker has general and legitimate power. **A11 legislation is
prima facie territorial." Bx parte Blain, in re Sawers{, 12 Ch.
Div. 522,528; State v. Carter, 27 N. J. (3 Dutcher) 499; People
v: Merrill, 2 Parker, Crim. Rep. 590, 596. Words having uni-

615 ■

versal scope, such as "Every contract in restraint of trade,"
*'Every person who shall monopolize," etc., will be taken as a
matter of course to mean only every one subject to such legis-
lation, not all that the legislator subsequently may be able to
catch. In the case of the present statute the improbability of
the United States attempting to make acts done in Panama or
Costa Rica criminal is obvious, yet the law begins by making
criminal the acts for which it gives a right to sue. We think it
entirely plain that what the defendant did in Panama or Costa
Rica is not within the scope of the statute so far as the present
suit is concerned. Other objections of a serious nature are urged
but need not be discussed.

For again, not only were the acts of the defendant in Panama
or Costa Rica not within the Sherman Act, but they were not
torts by the law of the place and therefore were not torts at all,
however contrary to the ethical and economic postulates of that
statute. The substance of the complaint is that, the plantation
being- within the de facto jurisdiction of Costa Rica, that state
took and keeps possession of it by virtue of its sovereign power.
But a seizure by a state is not a thing that can be complained of
elsewhere in the courts. Underhill v. Hernandez^, 168 U. S. 250.
The fact, if it be one, that de jure the estate is in Panama does
not matter in the least : sovereignty is pure fact. The fact has
been recognized by the United States, and by the implications of
the bill is assented to by Panama.

The fundamental reason why persuading a sovereign power
to do this or that cannot be a tort is not that the sovereign cannot
be joined as a defendant or because it must be assumed to be act-
ing lawfully. The intervention of parties who had a right know-
ingly to produce the harmful result between the defendant and
the harm has been thought to be a non-conductor and to bar
responsibility, Allen v. Flood (1898), A. C. 1, 121, 151, etc., but
it is not clear that this is always true, for instance, in the case of
the privileged repetition of a slander, Blmer v. Fessenden, 151
Massachusetts, 359, 362, 363, or the malicious and unjustified
persuasion to discharge from employment. Moran v. Dunphy,
177 Massachusetts, 485, 487. The fundamental reason is that it
is a contradiction in terms to say that within its jurisdiction it is
unlawful to persuade a sovereign power to bring about a result

61C

that it declares by its conduct to be desirable and proper. It does
not, and foreign courts cannot, admit the influences were im~
proper or the results bad. It makes the persuasion lawful by its
own act. The very meaning of sovereignty is that the decree of
th.e sovereign makes law. See Kawananakoa> v. Polyhank, 205
U. S. 349, 353. In the case of private persons it consistently
may assert the freedom of the immediate parties to any injury
and yet declare that certain persuasions addressed to them are
wrong. See Angle v. Chicago, St. Paul, Minneapolis and Omaha
Ry. Co., 151 U. S. 1, 16-21; Fletcher v. Peck, 6 Cranch, 87, 130,
131.

The plaintiff relied a good deal on Rafael v. Vcrelst, 2 Wm.
Bl. 983 ; lb. 1055. But in that case, although the ISTabob who im-
prisoned the plaintiff was called a sovereign for certain pur-
poses, he was found to be the mere tool of the defendant, an
English Governor, That hardly could be listened to concerning
a really independent state. But of course it is not alleged that
Costa Rica stands in that relation to the United Fruit Company.

The acts of the soldiers and officials of Costa Rica are not
alleged to have been without the consent of the government and
must be taken to have been done by its order. It ratified them,
at all events, and adopted and keeps the possession taken by
them; O'Reilly de Carnara v. Brooke, 209 U. S. 45, 52; The
Paquete Habana, 189 U. S. 453, 465 ; Dempsey v. Chambers,
154 Massachusetts, 330, 332. The injuries to the plantation and
supplies seem to have been the direct effect of the acts of the
Costa Rican government, which is holding them under an ad-
verse claim of right. The claim for them must fall with the
claim for being deprived of the use and profits of the place. As
to the buying at a high price, etc., it is enough to say that we have
no ground for supposing that it was unlawful in the countries
where the purchases were made. Giving to this complaint every
reasonable latitude of interpretation we are of opinion that it
alleges no case under the act of Congress and discloses nothing
that we can suppose to have been a tort where it was done. A
conspiracy in this country to do acts in another jurisdiction does
not draw to itself those acts and make them unlawful, if they
are permitted by the local law.

Further reasons might be given why this complaint should not

617

be uphejd, but we have said enough to dispose of it and to indi-
cate our general point of view.

Judgment affirmed.
Mr. Justice Hari^an concurs in the result.

The Minister of Costa Rica on Special Mission to the Doc. 442
Secretary of State.

Legacion

de

Costa Rica.

Mision Especial.

Washington, D. C, November 21, 1908.
Mr. Secretary:

On various occasions I have had the honor of explaining to
Your Excellency the state of the boundary question pending be-
tween the Republics of Costa Rica and Panama; and of soliciting
the mediation and impartial good offices of Your Excellency's
Government in order to procure a satisfactory solution of the
present situation, which unfortunately constitutes a cause of
unrest in both countries, to the impairment of their reciprocal
interests and of the feeling of good will and amity which has
always united the Costa Ricans and Panamanians.

On the 19th of December last, the Department of State, in
answering my note of the 9th of that month, saw fit to accede
to my request in terms that evoked the gratitude of my Govern-
ment, which for a moment contemplated the immediate realiza-
tion of the fervent desire to see its only pending controversy of
an international character closed and settled forever. But the
Presidential Campaign which began shortly afterwards in Pan-
ama, forestalled the opening of any negotiations whatever.

It is the belief of my Government that the present would, per-
haps, be a propitious time for entering into negotiations with
Panama through the medium of the Legation of that Republic
in Washington, and with the just and impartial mediation of
Your Excellency's Government, which, therefore, Costa Rica
now solicits anew, invoking besides other considerations the re-
peated proofs of the sincere and cordial friendship of the United
States towards the sister Republics of Costa Rica and Panama,

618

and most especially the marked interest which Your Excellency
evinces in everything that tends to the just and honorable settle-
ment of any differences between the countries of the American
Continent.

In most respectfully making the foregoing request in con-
formity with special instructions from my Government, I avail
myself of this opportunity of renewing to Your Excellency the
assurance of my highest and most distinguished consideration.

Luis Anderson.
To His Excellency Elihu Root, Secretary of State, Washington,

D. C.

B0C.443 The Acting Secretary of State to Minister Anderson.

In reply refer to File No. 2491/40.

Department op State,
Washington, December 1st, 1908.
Excellency :

I have the honor to acknowledge the receipt of your note of
the 21st ultimo, in which, referring to the Department's note of
December 19, 1907, you request the use of the good offices of
this Government to bring about a settlement of the boundary dis-
pute between Costa Rica and Panama.

In reply I have the honor to say that the Government of the
United Slates is anxious that the boundary dispute between
Costa Rica and Panamm may be satisfactorily and speedily set-
tled, and it will cheerfully extend its impartial good offices and
mediation in order to facilitate the adjustment of the contro-
versy.

The Department notes with pleasure the statement in Your
Excellency's note to the effect that the attitude of the United
States has met with the approval of your Government.

Accept, Excellency, the renewed assurance of my highest con-
sideration.

Alvey a. AdeE,

Acting Secretary.
His Excellency Seiior Don Luis Anderson, Envoy Extraordinary
and Minister Plenipotentiary of Costa Rica on Special Mis-
sion, Washington, D. C.

Minister Anderson to the Secretary of State. Doc.

Mision Especial.
Legacion
de
Costa Rica.

Washington, D. C, December 4, 1908.
Mr. Secretary:

I have the honor to acknowledge the receipt of Your Excel-
lency's kind note of the 1st instant, (File No. 241/40), in which,
replying to mine of the 21st ultimo, you were pleased to tell me,
in terms that evoke the gratitude of my Government to a high
degree, that Your Excellency's own distinguished Government
has seen fit to accede to the request to which my said note refers,
and that the Government of the United States is anxious that
the boundary dispute between Costa Rica and Panama may be
satisfactorily and speedily settled, and it will cheerfully extend
its impartial good offices and mediation in order to facilitate the
adjustment of the controversy.

My Government, Mr. Secretary, is confident that the happy
intervention of that of Your Excellency in this delicate matter,
is the surest means of reaching a just and honorable solution
which Costa Rica so much desires; and it is very pleasing for
me to assure Your Excellency of the profound gratitude with
which my Government receives this new evidence of friendship
on the part of the United States.

I am sure that the sister Republic of Panama, which I con-
sider equally interested in removing forever the only cause of
disagreement between the two countries and in seeing her fron-
tiers determined with certainty, will join in the sentiments
which I am so happy to express.

Be pleased, Excellency, to accept the renewed assurances of
my highest and most distinguished consideration.

Luis Anderson.
His Excellency Elihu Root,
Secretary of State,

Washington, D. C.

620

Doc. 445 The Minister of Costa Rica on Special Mission to the

Secretary of State.

Legacion de

Costa Rica. Mision Especial,

Washington, D. C, December 7, 1908.
Excellency:

I have the honor to acknowledge the receipt of the esteemed
note of the 5th instant, in which Your Excellency is pleased
to again refer to my communication of the 21st ultimo and
to the desire of my Government, so frequently disclosed in
the various audiences Your Excellency has had the goodness
to grant me, to see the boundary . dispute between Costa Rica
and Panama satisfactorily adjusted through the impartial good
offices and friendly mediation of the Government of the United
States.

Your Excellency is pleased to inform me of a suggestion of
His Excellency Mr. Arias, Minister of Foreign Affairs of
Panama^, to His Excellency Mr. Squiers, Minister of the United
States to that Republic, when, in response to my note of De-
cember 9, 1907, and graciously deferring to the request of
Cosia Rica, the Department, of State began to use its friendly
good offices to bring Panama to the so much desired settle-
ment of the boundary dispute. The solution proposed by Mr.
Arias, Your Excellency adds, might be made the basis of an
arrangement between Costa Rica and Panama satisfactory to
both' countries.

Before entering upon the consideration of !the suggestion
of Mr. Arias, allow me, Mr. Secretary, to again express the sen-
timents of profound gratitude with which Costa Rica regards
the interest which the Government of Washington has been
pleased to take in this troublesome matter, and the pleasure
with which my Government is disposed to listen to the wise
council of Your Excellency in order to reach a just settlement
of the pending controversy.

In accordance with Your Excellency's stat^ent the sug-
gestion of Mr. Arias is as follows :

"It being understood by Panama that the objection
raised by Costa Rica to the Guardia-Pacheco Treaty

621

hinged on the 'aclaraciones' made by Panama in its
ratification of the TTeaty — that if Costa Rica would
ratify the Treaty as signed, then Panama would obtain
from its Congress the suppression of the 'aclaraciones,'
or, in the event of this not being done the Minister said
that as the Loubet Award remained in force by the
very nature of the arbitration, that the

*said Award be made effective and the location of the
frontier therein specified be undertaken at once though
a landmark convention identical to that forming the third
part of the Guardia-Pacheco Treaty wherein the Umpire
is to be appointed by His Excellency the President
of the United States. All of the within to be stipu-
lated according to the mutual convenience of the
parties.' "
In the first place, and with respect to the Guardia-Pacheco
Treaty, I have to state that Costa Rica has absolutely disre-
garded said agreement; because it has considered and does con-
sider it as insubsistent, inasmuch as the modifications introduced
in it under the name of "aclaraciones" by the Congress of
Panama are equivalent, in the true theory of International Law,
to a rejection of said Guardia-Pacheco Treaty on the part
of that Republic. That Treaty being thus disapproved is null
and void, and it would not now be proper to revive it, prescinding
from the "aclaraciones," as suggested by Mr. Arias, but to
enter upon new negotiations.

With regard to the other alternative of the suggestion of
Mr. Arias concerning the hov^it Award, I consider it very
appropriate, and I believe that my Government would not de-
cline to accept it, provided that an undertaking was previously
reached between Costa Rica and Panama with respect to the
interpretation that should be given to said Arbitral Award, and
that the exact direction of the frontier line on the Atlantic side
be fixed in a well defined manner.

This prerequisite act is absolutely indispensable; because, even
though the frontier line that the Award designates on the Pacific
side from Punta Burica to about Cerro Pando is clear and un-
mistacable, the same is not true of the line on the Atlantic side,
with respect to which, the terms of the decision are vague and

62:

render necessary an undertaking as to the points through which
the frontier must pass. At the same time I have to state that
said previous agreement of the parties- is all the more urgent
since, according to one of the interpretations given to the Lou-
bet Award, the frontier line would, to the detriment of the
territorial rights of Costa Rica, surpass the claims of Colombia
in the litigation ; and if such interpretation were to prevail as
to the true meaning of the decision, it would absolutely deprive
the Award of any legal force or effect.

Such, Mr. Secretary, is my opinion with respect to the sug-
gestion of Mr. Arias of which Your Excellency has been pleased
to inform me; and if, as is to be hoped, Panama were disposed
to enter into the previous understanding which Costa Rica
so justly suggests, this will be the surest means of reaching a
happy conclusion of the matter.

With the sole desire of stating to your Excellency precisely
the position of Costa Rica in the controversy, I take the liberty
of enclosing a memorandum which I beg Your Excellency to
consider as a part of this note.

Accept, Excellency, the renewed assurance of my most dis-
tinguished consideration.

Luis Andersox.

1
Doc. 446 'l^egacion

^ij^fo^ta Rica.

Memorandum.

^'^ 7h!& Arbitral Award rendered by his Excellency the Presi-
Wiit 6^f France, on September 11, 1900 (Enclosure ''A"), which
■ifiotil'<J Have put an end to the old and at times irritating dispute
ti^i'-'Bb'tmdaries between Costa Rica and Colombia (now Pan-
liiway, "^fixing a line that should permanently and clearly divide
kht t«¥ii^6¥y of the first from that of the second," as was graphi-
^^dt[y''i^pT6sstd in the Conver/aun of Arbitration concluded be-
tween the two countries on December 25, 1880 (Enclosure "B"),
fl^Md'^li^?"^'unfbrtunately, fulfill its purpose; and today, after
^^^i^ iM^'^idv^ years since that judgment was pronounced,
"ftie ^tfferb'slfei liotititries, each maintaining its former possession,
■tiW' uf^Ml'Ao'^fe^ -their frontier, and are far removed from an

623

agreement to determine what the intention of the eminent Judge
was within the exact scope of his jurisdiction. This is, in
fact, the case even though I am happy to say that Costa Rica
acknowledges with great respect the good will, rectitude and
learning of the High Arbitrator.

Articles second and third of the Convention signed January 20,
1895 (Enclosure "C") read as follows:

"The territorial limit which the Republic of Costa Rica
claims on the Atlantic side extends as far as the island
Bscudo de Veragua, and the river Chiriqui (Calobebora), in-
clusive ; and on the Pacific side, as far as the river Chiriqui
Vie jo, inclusive, to the East of Punta Biirica.

"The territorial limit which the United States of Colombia
claim extends, on the Atlantic side, as far as Cape Gracias a
Dios, inclusive; and on the Pacific side, as far as the mouth
of the river Golfito in Golfo Didce.

"The Arbitral Award shall confine itself to the disputed terri-
tory that lies within the extreme limits already described, and
cannot affect in any manner any rights that a third party, not
taken part in the Arbitration, may set up to the ownership of
the territory comprised within the limits indicated."
' "Later, and by virtue of a Treaty signed November 4, 1896,
(Enclosure "D") the question was submitted to the arbitration
of His Excellency the President of France, and Costa Rica
and Colombia through their respective attorneys formulated, not
generally and vaguely, as in the Convention of 1886, but in a
concrete and well defined manner, the extent of the rights they
alleged; i. e., the line that each desired sanctioned by the Emi-
nent Judge,

Thus, Colombia in a petition dated on December 8, 1898,
through its lawyer, Hon. Francisco Silvela, reduced its claims
to clear and precise terms, and set out its demands for a frontier
line in this manner :

"'By virtue of all the foregoing, the Republic of Colombia
formally rejects the claims of Costa Rica, and demands from
the eminent impartiality of the Arbitrator that he fix the frontier
as follows :

"Leaving the mouth of the River Golfito in Golfo Dulce, on
the Pacific side, it proceed Northward along a meridian, which,

624

crossing the river Goto whose waters empty into the Pacific,
and cutting the rivers Lari and Co en, tributaries of the Tiliri
or Sigsavda whose waters flow into the Atlantic, shall reach
this latter {Tiliri or Sigsaula) at a point situated at about 9**
33' Nlorth latitude. From the point of intersection of said merid-
ian with the river Tiliri or Sigsaula, a point whose geographical
coordinates are 9° 33' North latitude, 85° 31' 30" longitude
West of the Meridian of Paris, approximately, a right line
shall be drawn so as to terminate at the mouth of the river
Sarapiqui in the river San Juan or Desaguadero, (10° 43' North*
latitude, and 86° 15' longitude West of the Meridian of Paris)."

"Such is the dividing line which the Republic of Colombia
asks in the present suit." (Enclosure *'E"; Map line.)

The Arbitrator decided the litigation concerning the bound-
aries in these terms:

"The frontiers between the Republics of Colombia and Costa
Rica shall be formed by the spur of the mountain range that
runs from Cape Mona, on the Atlantic Ocean, and on the North
closes 'the Valley of the Tarire or Sixola River; thence along the
ridge that divides the water-shed between the Atlantic and
Pacific, to about the ninth parallel of latitude; it shall then fol-
low the line of the water divide between the Chiriqui Viejo and
the affluents of Golfo Duloe, so as to come out at Punta Burica
on the Pacific.

"As regards the islands, groups of islands, keys, banks, sit-
uated in the Atlantic Ocean, near the coast, East and Southeast
of Mona Point, these islands, no matter what their names and
extent may be, shall form part of the territory of Colombia.
Those that are situated to the West or Northwest of said Point
shall belong to the Republic of Costa Rica.

"With regard to the islands farther distant from the main-
land and included between the Mosquito Coast and the Isthmus
of Panama, called Mangle Chico, Mangle Grande, Cayos de
Alburquerque , San Andres, Santa Catalina, Providencia, Bscudo
de Veragua, as well as all other islands, keys, and banks, be-
longing to the ancient Province of Cartagena, under the name
of Canton de San Andres, it is understood that the territory
of this islands, without any exception, belongs to the United
States of Colombia.

625

"On the Pacific Coast, Colombia shall likewise possess, be-
ginning from the islands of Burica, and therein comprised these,
all the islands situated to the East of the Point of the same
name, those situated to the West of this point belonging to Costa
Rica/' (Enclosure "A.")

Aside from the fact that this decision awarded to Colombia
islands under the dominion and occupation of Nicaragua, con-
trary to the stipulations of article third of the Convention of
January 20, 1886, which gave rise to the corresponding protest
from the latter, who was not a party to the Arbitration; the
terms of the award are not sufficient to detennine the frontier
on the Atlantic side with certainty, nor does it in some points
conform to the nature and topographical conditions of the terri-
tory. Therefore, as soon as the Award became known, Costa
Rica requested an explanation of the Arbitrator; and, assuming
as a premise that the Award could not grant to Colombia terri-
tory that it did not claim, which would mean a violation of the
Arbitral Submission, stated to him the way in which it inter-
preted the Award. (Enclosure "F.")

To such representations on the part of Costa Rica, His Excel-
lency Mr. Delcasse, Minister of Foreign Affairs of France, re-
plied under date of November 23, 1900, saying:

"In the absence of precise geographical data the Arbitrator
was able to fix the frontier only by general indications ; I under-
stand then, that there would be difficulties in fixing it on a map.
But it is not doubtful, as you have observed, that, in conformity
with articles 2 and 3 of the Treaty of Paris of January 20, 1886,
this boundary line must be traced within the limits of the terri-
tory in dispute, which limits are set forth in the text of said
articles.

"It is according to these principles that it will correspond
to the Republic of Colombia and Costa Rica to proceed to the
material determination of their frontiers, and the Arbitrator at
this point defers to the spirit of conciliation and good under-
standing which up to now has inspired the litigant Govern-
ments." (Enclosure "G.")

Later, and as the Government of Colombia through its Lega-
tion in San lose, urged that of Costa Rica to proceed to the
execution of the 'Arbitral Award, the Department of Foreign

626

Relations of Costa Rica, under date of July 27, 1901, set out
its interpretation of the Arbitral Award, stating positively that:

"Any interpretation different from that which Costa Rica has
given, and which, infringing on indisputed rights, would sur-
pass the demands of Colombia in the litigation, would viciate the
binding force of the Award." (Enclosure "H.")

This clear and definite declaration of the attitude of Costa
Rica with respect to the Award of His Excellency Mr. Loubet,
was the last word with Colombia in this very important matter.

In passing I must say that such attitude was confirmed before
the Department of State, in a note of the Minister of Foreign
Relations of Costa Rica, addressed to the American Legation
in San Jose, in reply to one of April 27, 1906, regarding the
claim of Mr. H. L. McConnell and the American Banana Com-
pany.

In this note the Minister of Foreign Relations of Costa Rica
says :

"The Representation to the Arbitrator and said note (Refers
to Enclosure "F" and "H") which are in essence nothing but
the expression of the dissent of Costa Rica with respect to certain
details intimately related to the Award, the scope and efficacy of
which they might affect, show with entire certainty that the Award
has been far from being unconditionally accepted, as a final
settlem^ent of the dispute over boundaries."

Shortly after Panama separated from Colombia, negotiations
were begun between Costa Rica and the new Republic ; and on
March 6, 1905, the Guardia-Pacheco Treaty was signed; but
the Congress of Panama introduced into said agreement already
burdensome to Costa Rica, changes, that meant new losses of
territory for the latter, couched in such terms as to make it
unacceptable. The same having thus been unapproved and
therefore inoperative, the question of boundaries returned to
the status it had when Costa Rica addressed the note to Colombia,
to which I have already referred. (Enclosure "H.")

It now becomes necessary, therefore, as His Excellency Mr.
Delcasse said, in his note of November 23, 1900, "that the liti-
gant Republic, animated with the spirit of conciliation and good
understanding, with which up to the present they have been

627

inspired, should proceed to the material determination of their
frontiers."

My Government desires nothing else than to obtain such a
laudable result, and is, therefore, disposed to enter forthwith
upon the consequent negotiations under the friendly mediation,
of the Department of State, to determine first of all:

"What interpretations must be given to the Loubet Award and
through what points the frontier line which it establishes must
run."

Thus the controversy would be terminated, and Costa Rica
would be disposed to carry out the decision without delay; but
if contrary to what is to be desired, it should appear in the
course of the negotiations that the Loubet Award suffers from
defects, which, according to the principles of International Law,
would impair its validity, it will be necessary, according to the
Convention of 1880, to submit the whole boundary dispute to a
new arbitration; and in such case, Costa Rica will always be
ready to conclude the respective Convention of Arbitration.

The Government of Costa Rica is anxious to settle this dis-
pute and in seeking the mediation of that of the United States,
in order to arrive to such a happy result, does so in the con-
viction that its spirit of justice and its profound knowledge will
be the most potent factors in the negotiations tending to obtain
it; and will greatly contribute to removing forever the only
cause of disagreement between two friendly sister nations.

i| » y :

628

Doc. 447 The Minister of the United States to the Secretary of

State of Panama.

1. Enclosure with Despatch No. 410.

No. 166. December 21, 1908.

Your Excellency:

Referring to Legation note No. 78, January 14, 1908, and Mr.
Arias' esteemed reply No. 40/11, February 18, 1908, respecting
the boundary Treaty between Costa Rica and Panama, I have
the honor again to bring this important matter to Your Excel-
lency's attention. The Government of Costa Rica has solicited
the good offices of my Government in procuring a satisfactory
solution of the long pending question, which is the cause of
unrest in both countries, imparing their reciprocal interests and
feeling of good will and amity which have always united the
two people.

My Government expressly directs me to state to Your Ex-
cellency that the United States would be happy to extend its
impartial good offices and mediation to Panama and Costa Rica,
in the hope that the boundary dispute which has existed for
many years may be settled to the satisfaction of each of the
contending parties, within the very near future.

I avail myself of the opportunity to again assure Your Ex-
cellency of my highest esteem and most distinguished considera-
tion. H. G. Squiers.
To His Excellency,

Jose Augustin Arango,
Secretary of State,

Pauaina, Republic of Panama.

Doc. 448 The Acting Secretary of State to Minister Anderson.

Department of State,
Washington, December 26, 1908.
Excellency :

Referring to previous correspondence concerning the disputed
boundary between Costa Rica and Panama, I have the honor to
inform you that the Department is in receipt of a telegram, dated

629

the 24th instant, from the American Minister to Panama, in
which he says that he is informed by the Panaman Minister
for Foreign Affairs that the Government of Panama accepts
in principle the submission of the boundary question to the
impartial arbitration of the Chief Justice of the United States,
but would like to know what questions are to be submitted.

The telegram adds that the Government of Panama is in-
clined to adhere to the line as fixed upon by the Loubet Award
and Article three of the Constitution.

Accept, Excellency, the renewed assurance of my highest con-
sideration. ROBj.^^ B^^Q^^

^^. ^ Acting Secretary.

His Excellency

Seiior Don Luis Anderson,

Minister of Costa Rica on Special Mission,

Washington.

The Minister of Costa Rica on Special Mission to the Doc. 449
Secretary of State.

Ijegacion de

Costa Rica. , Mision Especial,

Washington, D. C, December 28, 1908.
Mr. Secretary:

I have the honor to acknowledge the receipt of your note dated
the 26th instant in which you were pleased to inform me that
the Department received a telegram from the American Minister
to Panama, conveying the information that the Government of
that Republic accepts in principle the submission of the bound-
ary question between Costa Rica and Panama to the impartial
arbitration of the Chief Justice of the United States, but would
like to know what questions are to be submitted.

In reply, with the object to join the desire of His Excellency,
the Minister of Foreign Affairs of Panama, I have the honor to
say:

As I have expressed to Your Excellency the Award of His
Excellency Mr. Loubet, the President of the French Republic, did
not decide the boundary question between Costa Rica and Colom-

630

bia (now Panama), by "fixing a line that should permanently
and clearly divide the territory of the first from that of the
second," as it was graphically expressed in the Convention con-
cluded between the two countries on December 25, 1880, by vir-
tue of which the High Judge pronounced his decision — the
Sentence is both vagtie and indefinite, and its meaning, more-
over, was abandoned to an ulterior understanding between the
litigant Governments. The question having thus been left open,
the interested countries remained without having been able to
reach an agreement ; but on the contrary, the Award in what it
refers to the boundary line on the Atlantic side offered ground
to various interpretations, among them to that given by Colom-
bia, which goes beyond the limit of the disputed territory, a
pretension, by the way, that, if it would prevail, would dispose
of all the legal force of said Award, as it would bring forth
the defect of ultra petita, which, as it is well known, would
cause the invalidation of any sentence of this nature.

In view of the foregoing, I believe that it would be advisable
to submit the whole boundary question to a decision to be given
in clearer and more definite terms than the Loubet Award, thus
determining the rights of each of the two countries ; but, as
Panama according to the despatch of His Excellency Mr. Squiers,
which Your Excellency deigned to communicate to me, is in
clined to adhere to the boundary line as fixed upon by the Lou-
bet Award and Article 3 of the Constitution of that Republic,
I beg leave to suggest that the points to be submitted to a new
arbitration, which Costa Rica desires and Panamva accepts in
principle, be as follows:

I. Whether the Loubet Award is free from defects that, ac-
cording to the principles of International Law, impair its legal
force.

II. If, considering that the Award is not thus defective, to
determine what its meaning is, and through which points the
frontier line should be drawn.

Be pleased, Mr. Secretary, to accept the renewed assurance
of my highest and most distinguished consideration.

Luis Anderson.

His Excellency Elihu Root,
Secretary of State.

631

The Minister of Foreign Relations of Panama to the Doc. 450
United States Minister.

Departme;nt oe Foreign Relations,
No. 57/11. Panama, December 28, 1908.

Senor Minister:

Referring to Your Excellency's esteemed note of the 21st
instant, No. 166, in which Your Excellency informs me that the
Government of Costa Rica has solicited the good offices of Your
Excellency, for the purpose of securing a satisfactory solution
of the pending boundary question with Panama.

At the same time I note with much pleasure that the Gov-
ernment of the United States has kindly offered its friendly
services, with the hope that the controversy respecting limits
will be terminated to the satisfaction of the parties interested.

My Government highly appreciates the offer which has been
made by the American Nation through Your Excellency for
a prompt and happy solution of this important matter, and I
am especially pleased to repeat in writing what I have already
stated orally to Your Excellency; that my Government has
resolved to very soon establish a Legation in San Jose de Costa
Rica for the purpose of settling this question in a friendly
manner.

At the same time it affords me great pleasure to state to
your Excellency that the Panamanian Government is animated
with a desire respecting the suggestion of Your Excellency of
submitting the settlement of this matter to the able and impartial
arbitration of the Chief Justice of the Supreme Court of the
United States, which it accepts in principle, and being under
the obligation, as my Governrnent is, to adhere to the terms of
the award rendered by President Loubet in September, 1900,
and also a compliance with the provisions of Article III, of
the National Constitution being obligatory upon the Republic
of Panama, my Government desires to know before coming to
a conclusion relative to arbitration, the points to be considered
by the Tribunal of Arbitration.

632

I avail myself of the opportunity to again assure Your Excel-
lency of my highest esteem and most distinguished consideration.

J. A. Arango.
To His Excellency

Herbert G. Squiers,

E. E. and M. P. of the U. S. A.,
Present.

Doc. 451 The Acting Secretary of State to Minister Anderson.

Department of State,
Washington, January 6, 1909.
EXCE1.1.ENCY :

I have the honor to acknowledge the receipt of your note ot
the 28th ultimo, in which, in answer to the Department's note
of the 26th ultimo, you state the questions in the boundary
dispute between Costa Rica and Panama which your Government
desires to have submitted to a new arbitration.

In reply I have the honor to say that your note has been com-
municated to the American Minister to Panama, in substance,
by telegraph, and, in copy, by mail.

Accept, Excellency, the renewed assurance of my highest con-
sideration. AlvE,y a. Adee,

Acting Secretary. '
His Excellency

Senor Don Luis Anderson,

Minister of Costa Rica on Special Mission,
Washington.

Doc 452 "^^^ Under-Secretary of Foreign Relations of Panama to
the Minister of the- United States of America in the
same Republic.

Department 'of Foreign Relations,

Panama, January 9, 1909.
Mr. Minister:

I am pleased to acknowledge the receipt of the kind com-
munication, dated the 2nd of the present month, to which Your
Excellency was pleased to annex a copy of a cable despatch

633

relating to the controversy as to boundaries between Panama
and Costa Rica, addressed by the Department of State of the
United States of America to Your Excellency, in response to a
prior despatch of your Legation.

As I have had the honor of stating to Your Excellency, orally,
my Government declines to submit the point to a new decision
and is resolved to accredit a Legation in San Jose de Costa
Rica, to the end that — in a friendly manner — a final settlement
may be arrived at between the two Republics of this important
matter. However, if after having exhausted all the proper
resources of such negotiations, the result desired should not
be secured, then my Government will accept with pleasure the
good offices of that of Your Excellency, and thereafter will
be pleased to submit to the learned decision of the Honorable
Chief Justice of the United States Supreme Court any and
all the points that could give rise to disagreements in fixing
the division line between the two countries, with reference to
the Loubet Award.

I renew to Your Excellency the assurance of my high appre-
ciation and distinguished consideration and take pleasure on
this occasion to subscribe myself your obedient servant.

Under-Secretary in charge of the Department,

J. M. Fernandez.
To His Excellency, Herbert G. Squiers,

Minister of the United States of North America.

The Secretary of State to Minister Anderson.

Department of Stat^
Washington, January 9, 1909.
Excellency :

Referring to the Department's note of the 6th instant, I have
the honor to inform you that the Department is in receipt of ^
a telegram, dated the 8th instant, from the American Minister
at Panama, in which he says that the Government of Panama
declines to submit to arbitration either point in the question of
the boundary dispute between Costa Rica and Panama, before
every effort to settle with Costa Rica directly has been exhausted ;

634

that Mr. Porras, late Minister to Brazil, is expected to leave
soon for Costa Rica; and that Mr. Porras's mission will be to
settle the boundary dispute.

Accept, Excellency, the renewed assurance of my highest con-
sideration. Elihu Root.

His Excellency

Senor Don Luis Anderson,

Miniser of Costa Rica on Special Mission,
Washington.

Doc. 454 The Secretary of State to the Minister of the United

States at Panama.

No. 150.

Copy AM.

File No. 2491-54, 56. January 23, 1909.

Herbert G. Squiers, Esquire,
American Minister,
Panama.
Sir:

Your despatch No. 416, of the 12th instant, in relation to
the Costa-Rican-Panaman boundary controversy, has been re-
ceived. You report the result of your action upon the De-
partment's telegraphic instructions of December 31st, proposing
points to be submitted to a new arbitration, and enclose copy
of the reply of the Ministry for Foreign Affairs. It is therein
stated that Panama declines to submit the matter to a new deci-
sion at this time, that it is intended to send to Costa Rica a
mission in order that the two Republics may arrive at an amicable
settlement, and that, in the event of a failure to arrive at such
a settlement, after exhausting all proper efforts, Panama will
then be pleased to accept the good offices of the United States
» and to submit the question to the Chief Justice of the United
States.

For three years and more this Government has repeatedly
and urgently shown its earnest desire and expectation that the
conflicting claim.s of Panama and Costa Rica in regard to their

635

common boundary should be set at rest. The interest of the
United States in seeing the. dispute settled has been continu-
ously manifested, and the grounds of our interest clearly set
forth. At the time of Panaman independence there were im-
portant American interests on the border, upon the Sivola river,
to which rival American citizens were claimants. The deter-
mination of their conflicting claims was and still is dependent
upon the issue of the question of sovereign title to the terri-
tory and sovereign jurisdiction over controversies arising therein.
The situation thus arising has been from the outset most em-
barrassing and vexatious to the United States and this embar-
rassment and vexation must continue so long as the determina-
tion of sovereign title is in suspense.

This Government welcomed with gratification the institution
of negotiations between Panama and Costa Rica looking to a final
fixation of their common boundary. It put forward every
friendly effort toward the ratification of the treaty signed by
them March 7, 1905. The consummation of that treaty was
indefinitely deferred because of the amendment introduced in
the Panaman Act of ratification. Again our efforts were put
forth to effect a renewal of negotiations on conventional lines.
Thereupon Costa Rica proposed arbitration. The United States
supported this proposal as having become apparently the only
manner of bringing about the settlement of a controversy the
continuance of which bore so heavily on American interests.
The acceptance of the arbitration in principle by Panama on
December 24th last was hailed by us with a feeling of relief as
a hopeful augury of a speedy disposition of the question. The
communication now made to you by Sefior Fernandez holds Pan-
am^a's acceptance in abeyance by contingently deferring the re-
sort to arbitration to await the uncertain outcome of a proposal
to reopen direct negotiations for adjustment of the dispute by
mutual agreement. This step is disappointing, because tend-
ing to excite our apprehension that this fresh resort to direct
negotiations may prove- as ineffectual as previous efforts in that
direction, and may turn out to have merely dilatory results so
far as a final settlement is concerned, and that an agreement
may be found as remote as at the beginning of the dispute.

All this constrains the Government of the United States to

636

the conclusion that the conditions existing for years and still
existing are such that they force the United States in justice
to its own citizens to treat the defacto line as the line to the
north of which Costa Rica has jurisdiction and to the south of
which Panamia has jurisdiction is recognized; in other words,
to hold that, inasmuch as the territory northward of the defacto
line is left by Panama within the actual jurisdiction and con-
trol of Costa Rica, Panama is stopped by her own act from
objecting to the United States treating it as Costa Rican terri-
tory, and looking to Costa Rica to remedy the annoying and
embarrassing situation caused to this Government and to its
citizens by the absence of responsible jurisdiction in that Quarter.

You will make the proposition of the United 'States in this
regard clear to the Panaman Minister for Foreign Affairs by
reading this instruction to him and handing him a copy.

I am, sir, your obedient servant,

EuHu Root.

Doc. 455 The Secretary of State to Minister Anderson.

De:partment of State,
Washington, February 16, 1909.
Sir:

Referring to previous correspondence concerning the disputed
boundary between Costa Rica and Panama, I have the honor to
inform you that the rights of American citizens to property situated
within the disputed districts are deeply involved, and that each
succeeding year renders it more important to the United States
that a permanent status be established in the territory in dis-
pute between Costa Rica and Panama., in order that the just
rights of American citizens be recognized and safeguarded.

Negotiations have been- transferred to Costa Rica, and the
Department earnestly hopes that the boundary dispute may be
arranged to the satisfaction of Costa Rica and Panama. Should
however, an adjustment of the controversy be delayed or no
adjustment made in the near future, the Government of the
United States will be constrained to the conclusion that the
conditions existing for years and still existing are such that they
force the United States in justice to its own citizens to treat

637

the de facto line as the line to the North of which Costa Rica
has jurisdiction and to the South of which Panama jurisdiction
is recognized; in other words, to hold that, inasmuch as the
territory north of the de facto line is left by Panama within the
actual jurisdiction and control of Costa Rica, the United States
must in the interests of its citizens treat it as Costa Rican terri-
tory and look to Costa Rica to remedy the annoying and em-
barrassing situation caused to the United States and its citizens
by the absence of responsible jurisdiction in that quarter.

Accept, Sir, the assurance of my most distinguished considera-
tion.

Robert Bacon.
Seiior Don Luis Anderson,

Minister of Costa Rica on Special Mission,
Washington.

Minister Anderson to the Secretary of State.

Lkgacion de
Costa Rica.
Misiox Especial.

Washington. D. C, February 23, 1909..

Mr. Secretary:

I have the honor to acknowledge receipt of Your Excellency's
comnninication of the Kith instant (File Xo. 2491), wherein,
with reference to the pending negotiations for the final settle-
ment of the boundary questiqn between Costa Rica and Panama,
Your Excellency deigns to express the importance to the United
States of the establishment of a permanent status in the terri-
tory in dispute in order that the just rights of American citi-
zens established therein be recognized and safeguarded. Your
Excellency adds that the negotiations having been transferred to
Costa Rica the Department earnestly hopes that the boundary
■dispute may be arranged to the satisfaction of both parties, and
that "should, however, an adjustment of the controversy be de-
layed, or no adjustment made in the near future, the Govern-
ment of the United States will be constrained to the conclu-
sion that the conditions existing for years and still existing are
such that they force the United States in justice to its own citi-

638

zens to treat the de facto line as the line to the north of which
Costa Rica has jurisdiction and to the sonth of which Panaman
jurisdiction is recognized ; in other words to hold that, inasmuch
as the territory north of the dc facto line is left by Panmna
within the actual jurisdiction and control of Costa Rica, the
United States must in the interest of its citizens treat it as
Costa Rica territory and look to Costa Rica to remedy the an-
noying and embarrassing situation caused to the United States
and its citizens by the absence of responsible jurisdiction* in that
quarter."

My Government, which appreciates fully the importance of
the good offices of that of the United States toward a just solu-
tion of the boundary dispute with Panama, regrets that it should
not have been possible at the present time to arrive by this means
at the immediate settlement that it desires so much, but it hopes
at the same time that the negotiations which are about to be
initiated in San Jose dc Costa Rica, through the Legation that
Panama' will send there with that purpose, will bring forth an
understanding that will obliterate forever the only difference
that has existed between the friendly and sister Republics of
Costa Rica and Panama.

If, contrary to what is expected, the definite settlement should
be delayed, it pleases me to state solemnly to Your Excellency
that the interests of the citizens of the United States in all the
disputed territory over which Costa Rica exercises its jurisdic-
tion will have, as they have at all times had, the ample and most
efficient protection granted by our laws. To this effect, I deem
it opportune to tell Your Excellency, as I have had occasion to
inform the. Department of State, that the line which defines the
present territorial jurisdiction of Costa Rica to the south, is:
''The River Sixola from its outlet on the Atlantic up to its junc-
tion with the River Yurquin : thence following in almost a
straight line the watershed, to end in Punta Burica on the Pa-
cific."

This is the status quo that has been maintained for many years
and that the Convention of December 25, 1880, ratifies. In
said Convention it is expressly agreed between Costa Rica and
Colombia that while the boundary question and the designation
of frontiers are not decided the status quo will be maintained.

I 639

This fact, together with the actual control exercised by Costa Rica,
constitutes the title with which my country maintains its sov-
ereignty over the territory northward of the frontier line above
set forth. My Government accepts with real gratification the
statement contained in the last part of Your Excellency's note,
because, as such sovereign, it takes upon itself, unreservedly,
all the responsibilities inherent to the exercise of jurisdiction;
and the Government of Your Excellency can, therefore, rest
assured that the Government and the Courts of Justice of Costa
Rica will give all the necessary and effective protection to the
just and legitimate interests that citizens of the United States,
or of any other nation, may have in that territory.

Before closing this communication, which terminates the pres-
ent negotiation, I wish to express once more to Your Excellency
the deep appreciation of the Costa Rican Government, and my .
own, for the kind deference and good will with which the De-
partment of State has been ready to cooperate towards the satis-
factory solution of the boundary question between Costa Rica
and Panama, and for the repeated proofs of personal considera-
tion with which Your Excellency has been kind to oblige me.

Be pleased, Mr. Secretary, to 'accept the assurances of my
highest consideration and esteem.

Luis Anderson.
The Honorable Robert Bacon,
Secretary of State,
Washington.

The Acting Secretary of State to Minister Anderson. q^^. ^^^

Department of State,
Washington, March 11, 1909.

Serial No.
Sir:

I have the honor to acknowledge the receipt of your note of
the 23d ultimo, in which, acknowledging the receipt of the De-
partment's note of the 16th ultimo, you express the hope of
your Government that the negotiations about to be initiated in
San Jose de Costa Rica between the governments of Costa Rica
and Panama, will result in the definite settlement of the bound-

640

ary dispute between the two countries ; and you state that, should
the settlement be delayed, the interests of American citizens in
all the disputed territory over which Costa Rica exercises juris-
diction will, meanwhile, have the amplest and most efficient pro-
tection granted by the laws of Costa Rica.

Accept, Sir, the renewed assurance of my highest considera-
tion. Huntington Wilson,

Acting Secretary.
Sefior Don Luis Anderson,

Minister of Costa Rica on Special Mission,
Washington.

Doc. 458 The Minister of Panama to the Secretary of State in the
Department of Foreign Relations of Costa Rica.

Legation of the
Republic of Panama.

No. 37. ' San Jose, May 29, 1909.

Excellency :

In the very moments in which I await with the greatest anxiety
the necessary instructions from my Government for the settle-
ment of the boundaries between your friendly country and my
own, which have been delayed in their arrival by the afflictions
of the Government of Panama, in the death of Ex-President
Amador and Secretary Arango, I feel very deeply to have to
begin my labors with the enlightened Government of Your Ex-
cellency with a protest by order of my Government. In fact
I have just received a cablegram from the new Secretary of
Foreign Relations of Panama, Sefior Don Samuel Lewis, in
which he states to me textually the following:

"Governor Bocas del Toro informs arrival today, passing by
there for Sixola of Garro, who goes invested Inspector Depart-
ment of Treasury and Military Commandant of that region on
left bank of river. Five subordinate employees accompany him.
Government Panama amazed such procedure under present cir-

641

cumstances. Communicate thus to that Government. Lewis."
The present case is one it seems to me of suspension between
Pana/ma and Costa Rica of all those acts which could amount
to an effective occupation or taking possession of a territory
as to which the parties are disputing. The valley of the Sixola,
disputed for a long time by Colombia, has been acquired by
Panama which is its heir in this particular, by virtue of a de-
cision spontaneously sought by both nations and to the execu-
tion of which the honor of both is pledged. Costa Rica claims
it for other reasons, by occupation and colonization and inter-
ests which, it says, it has therein. I have come to believe, there-
fore, saving the better opinion of Your Excellency, that it is
not just, until these matters are definitely settled, that Costa
Rica should do any acts upon which — precisely by pretending
that it has done them since long time ago — a basis may be laid
for seeking a modification of the Award.

Panama has on the right bank of the Sixola, from its mouth
where its first village is located, up to the Yurquin, in fourteen
others which existed before the Arbitral decision was pronounced,
a population which has no room enough and which it would
have been possible to establish or spread out, with officials, politi-
cal, administrative, judicial and fiscal, on the left bank of the
river, where Costa Rica does not have more than a dozen known
inhabitants, nor any possession or cultivation except that of
Federico Alvarado, in front of the Panaman village of Cuabre.
And it has not done so, out of considerations of friendship for a
neighboring and fraternal people and in the hope, without loss
or waste, of a friendly solution which should define for all time
and in perfect direct accord the indisputable rights of both.

Permit me. Your Excellency, to believe that the case will not,
lend itself to any interpretation distinct from this which I have
endeavored to give to it, because if there be conceded to Costa
Rica the right of proceeding to take possession of territory and
colonizing or establishing officials therein, it would have to be
admitted that Panama could do likewise; and with such an ad-
vance by each party there might be disturbances and unfortunate
conflicts.

I beg Your Excellency most earnestly to take note of this
protest, which I make with much regret, in the name of my

642

Government, and that Your Excellency will have the goodness
to submit to the enlightened Government of which Your Excel-
lency is so important a member, the desire of my own that the
employees headed by Senor Garro, for an Inspectorship of the
Department of the Treasury shall retire from the left bank of
the Sixola, leaving things thereafter as they were before the
appointment of that gentleman.

I reiterate to Your Excellency the assurance of my most dis-
tinguished consideration and remain Your Excellency's most
obedient servant, Belisario Porras,

E. E. and M. P. of Panama.
To His Excellency,

The Secretary of Foreign Relations.
P.

643

The Secretary of State in the Department of Foreign Re-
lations to the Minister of Panama.

Department of Republic of Costa Rica,

Foreign Relations San Jose, June 5, 1909.

Mr. Minister:

I have the honor to acknowledge the receipt of the courteous
note of Your Excellency, dated May 29th last.

Your Excellency may be assured that if Your Excellency has
deeply felt the opening of your diplomatic labors with a protest,
it has been no less painful for the Government of Costa Rica
that such protest was based upon an act which it never sus-
pected could have given rise to it, especially as it considers such act,
and cannot do otherwise, as strictly legitimate and entirely in
harmony with its rights and the official declarations of Panama
in the matter. My Government feels that only a misunderstand-
ing of this act on the part of the Panaman Government could
have led it to instruct Your Excellency to make the protest which
has been submitted to this Department. It cherishes the firm
hope that at the proper time, when once there shall have come
to your knowledge the motives that led Costa Rica to establish
on the left bank of the Sixola a Sub-inspectorship of the De-
partment of the Treasury and a Military Command, there will
disappear whatever apprehension as to this act may still exist
in the mind of the Government of Panama, with which that of
Costa Rica keenly desires to maintain the most cordial friend-
ship, as it is natural should prevail between two neighboring and
fraternal nations.

The appointment of a Sub-inspector of the Treasury and Mili-
tary Commandant in the place called Guavito, on the left bank
of the River Sixola, had for its object to carry out a contract
made by my Government with the United Fruit Company. That
Company, as Your Excellency surely knows, is constructing a
railway bridge over the said River Sixola at the aforesaid point
of Guavito; and it cannot be unknown to the knowledge of Your
Excellency that the opening of a railway which will facilitate
the coming of travelers and merchandise to our territory in a
district which lacks political and fiscal authorities could not

644

possibly be permitted by my Government, without previously
taking all those precautions and administrative measures that
would tend to guarantee the rights and interests of the Nation.
In accord with the contract celebrated between the Depart-
ment of the Treasury and Commerce and the United Fruit
Company, of which I have the honor to enclose to Your Ex-
cellency a copy, that Company is authorized to introduce by our
frontier with Panama merchandise destined for the stocking
of the stores and commissary offices that it may establish on the
left bank of the Sixola; that is to say, in territory subject to
the jurisdiction of Costa Rica, in conformity with the status
quo in force as Panama has in a perfectly explicit manner rec-
ognized.

Now then, the United Fruit Company have been conceded
the right to bring in merchandise at Guavito and the Govern-
ment of Costa Rica could not, without disregarding its most ele-
mental attributes, refrain from placing on the frontier a fiscal
authority charged with the obligation of enforcing our laws
as regards the Treasury. And if it at the same time invested
that official with the character of Military Commandant, there
was in that no other purpose than to give him the necessary
force to make his orders respected and keep order in a place
so distant and where it is probable that soon there will be formed
the nucleus of a population.

The Government of Costa Rica, Mr. Minister, has not felt
for one moment the least doubt in regard to the full right with
which it has acted in this matter; but in case it may have had
any it would have been quickly dissipated by the considera-
tion of Resolution No. 28 of the Department of Government
and Foreign Relations of Panama, dated August 2, 1904, pub-
lished in the Official Gazette of the Republic on the 23rd day of
the same month and year, which Your Excellency knows and
which among other things states as follows:

"Although by the Arbitral Award, pronounced by the
President of the French Republic, Gandokin (in the Sixola
region) forms part of the Panaman territory, that Award
has not yet been carried out and while that is not done
the Government of this Republic does not exercise juris-
diction in that locality, it being situated within the limits

645

of the territory, the dispute over which gave rise to
the arbitration and because the statu quo agreed so re-
quires. So that the Costarican Government is the pos-
sessor of the locality referred to, in the same way that that
of Panama is the actual possessor of a part of the Cos-
tarican territory on the Pacific. The execution of the
Award will give to each State the possession of the terri-
tory that belongs to it and the statu quo will thereupon
cease; but until this occurs Gandokin will remain under
the jurisdictional authority of Costa Rica/'
After a declaration so conclusive as well as in harmony with
the sound principles of international law, the Government of
Costa Rica could not suppose that that of Your Excellency would
make any objection to an act that in no way exceeds the scope
of the exercise of its jurisdiction over a territory which is found
under conditions like that of Gandokin or Gandoca; that is to
say, on the left bank of the River Sixola, which separates us
from the Republic of Panama up to the intersection with the
Yurquin or Zhorquin. Indeed, Mr. Minister, this important
Resolution of the Government of Panama confirms, if it were
necessary, the perfect and full right which supports us in the
exercise of our jurisdiction in the territories situated to the
north of the de facto line always respected by Costa Rica and
Colombia as the division between the two Republics, since the
controversy as to boundaries was started between them. This
line the Government of Your Excellency has recognized in your
turn, as is very clearly shown by the Resolution cited of August
2, 1904.

Costa Rica has proceeded in this case, as in all others, with
entire good faith. This is demonstrated by the very fact that
the Sub-inspector made his journey by way of Bocas del Toro,
in such a manner that the Panaman authorities could not but
be aware of it. There was not, therefore, on the part of my
Government any intention to do anything prejudicial to Panama
and much less to alter in any sense the respective situation of
the two Republics, so far as relates to their territorial boundary.
The Government of Costa Rica appreciates too much the high
spirit of justice and equity which animates that of Your Ex-
cellency not to hoi>e that when it knows the reasons that it has

> 646

had for establishing the Sub-inspection of the Treasury and
MiHtary Command of Guavito it will withdraw any objection
it may have thought necessary to make on this point.

I close, Mr. Minister, with the most fervent wishes that the
sister Republics of Costa Rica and Panama may soon reach a
perfect understanding and satisfactory solution of the annoying
controversy as to boundaries.

I take this opportunity to reiterate to Your Excellency the
expression of my high and distinguished consideration.

F. Fernandez Guardia.

To His Excellency, Sefior Doctor don Belisario Porras,

Envoy Extraordinary and Minister Plenipotentiary of
Panama. S. D.

Doc. 460 The Minister of Panama to the Secretary of State in the
Department of Foreign Relations of Costa Rica.

Legation of the Repub-
lic of Panama.

No. 41. San Jose, June 3, 1909.

Excellency :

Having instructions from my Government to solicit from the
respected Government of Costa Rica information as to what has
been the fate, of the Guardia-Pacheco Treaty , celebrated on
March 6, 1905, I have the honor to address you for that purpose
the present letter.

That Treaty, in effect on March 6, 1905, bearing the name of
the Plenipotentiaries that celebrated it, on one part Don Santiago
de la Guardia, Secretary of State in the Department of Govern-
ment and Foreign Relations of the Government of Panama,
and on the other part Don Leonidas Pacheco, Envoy Extraordi-
nary and Minister Plenipotentiary of Costa Rica, must be ratified
by the Congresses of Panama and Costa Rica so that the ex-
change (of ratifications) may thereafter be made within three
months after the last of the ratifications.

I ought to state to Your Excellency that although the rati-
fication of the treaty mentioned was made with a slight modi-

b47

fication by the Assembl}- of Panama, my Government knows noth-
ing as to what has been done by the Congress of Costa
Rica. It is not known in Panama whether the Treaty was sub-
mitted to its deliberations, whether or not it was taken up,
whether it approved it or whether it rejected or disapproved of it.

It was a happy opportunity for putting an end to the old
boundary question, first discussed between Colombia and Costa
Rica and later between Costa Rica and my country, because,
notwithstanding the public recognition of the Loubet Award,
which put an end to it, the treaty referred to had for its object
the making of concessions to Costa Rica.

The Award, in effect, had been recognized by the same learned
Plenipotentiary of Costa Rica, Don Leonidas Pacheco, the very
6th day of March, 1905, as an irrevocable decision, firm and
obligatory. In the Declaration of that day and year, of which
two of the same tenor were signed and sealed in Panama, the
Plenipotentiary of Panama, Don Santiago de la Guardia, and
that of Costa Rica, Don Leonidas Pacheco, both with full powers
from their respective Governments, declared in their name :

''^' * " that the dispute regarding territorial limits was
settled by the judgement that in the respective arbitral proceed-
ing His Excellency, the President of the French Republic, was
pleased to pronounce at Rambouillet on the 11th of September,
1900."

The frontier being fixed by this High Judge by means of
general indications, the Plenipotentiaries of the two Nations
judged that

'<* * * there remained only the material determina-
tion of the same subject with the mutual accord dictated
by that spirit of conciliation and good understanding with
which the countries had been up to that time inspired."

The Guardia-Pacheco Treaty which was signed following this
declaration, had for its object to set forth the bases of the ma-
terial determination of the frontier, making concessions to Costa
Rica, and showed that the spirit of conciliation and good under-
standing, to which allusion had been made, certainly inspired
the nesfotiators at least.

648

The Declaration regarding the validity and obligatory force
of the Award did not require the ratification of the respective
Congresses. Moreover, it was not required by the constitu-
tions of the two countries, and on the other hand the arbitral
agreement of November 4, 1896, signed by the Plenipotentiaries,
Don Ascencion Esquivel and Don Jorge Holguin, says in the
final part of Article 4 :

"The arbitral decision, whatever it may be, shall be held
as a perfect and obligatory Treaty between the High
Contracting Parties and shall not admit of any recourse.
Both parties bind themselves to its faithful fulfillment,
and renounce any claim against the decision, pledging
thereto the National honor."

This exemption from ratification rested, then, on what was
agreed and upon the character of the Award. The Arbitral
Tribunal having acted, in virtue of a bilateral agreement of the
parties to the controversy, and the agreement under which the
point was fixed that was to be decided, the name of the judge
and the time of the decision, having been a true synallagmatic
and aleatory contract, it was not conceivable that it could be
broken because of the unexpected character of the sentence.
The accord was based upon the freedom of consent and the
reciprocity of obligations and it was celebrated knowing the
decision was uncertain, such uncertainty being pirecisiely the
determining factor which urged the action of the parties at the
moment when they exchanged their promises.

The Guardia-Pacheco Treaty, on the contrary, required the
ratification of the respective Congresses, and the Assembly of
Panama on its part did so, proving in the same way as the ne-
gotiators how keen and sincere throughout the country was the
spirit of fraternal conciliation in favor of Costa Rica.

What the Honorable Congress of Costa Rica may have done,
my Government does not know. In Panama they have come
to believe that, notwithstanding the four years that have already
elapsed since the celebration of the Treaty, they have not had
occasion to submit it here to the consideration of the Honorable
Congress. It would be very ficitious to do it now, while it is

649

actually in session, and obtain by such approval the ending of
a difference which, as has been said, is the only one between
these two neighboring and sister countries, who more than any
other should, under every consideration, live united, support-
ing and defending each other with decided loyalty.

I take advantage of this opportunity to offer to Your Ex-
cellency the assurance of the high consideration with which
I have the honor to be your very humble servant.

Be)usario Porras/
E. E. and M. P. of the Republic of Panama.

To His Excellency,

The Secretary of State,

in the Department of Foreign Relations. P.

The Secretary of State in the Department of Foreign Re- Doc. 461
lations to the Minister of Panama.

Department of Foreign Relations.
Republic of Costa Rica.

San Jose, June 15, 1909.
Mr. Minister:

I have had the honor to receive the courteous note of Your
Excellency, dated the 3rd of the current month, in which in obe-
dience to the instructions of your Government, the desire
is manifested to know what has been done in this Republic with
the Pacheco-Guardia Treaty of March 6, 1905, concluded by
Plenipotentiaries of Costa Rica and Panama, with the laudable
purpose of defining amicably the frontier between the two
countries.

Your Excellency adds that the said Treaty had in view the
making of concessions to Costa Rica, notwithstanding the pub-
lic recognition of the Loubet Award and that expressly made
by the Plenipotentiary of Costa Rica in the Declaration which
was signed at the same time as the Treaty and Convention. As
to such Declaration, Your Excellency affirms that it did not
require legislative ratification, not only because the constitu-
tions of the two countries did not require it in that case, but

650

because the decision in consequence of the Arbitral Convention
is endowed with the force of a perfect and obligatory Treaty
by paragraph 4 of the agreement of 1896.

Your Excellency suggests, lastly, the idea that the Congress of
Costa Rica, now in session, take up the Pacheco-Guardia Treaty,
in order to thereby secure, with its approval, the ending of the
boundary difference, the only one that intervenes between the
two neighboring and sister peoples, who more than any others
should from every consideration live united, mutually supporting
and defending each other with decided loyalty.

May I be permitted, Mr. Minister, before answering the vari-
ous points discussed in your courteous communication, to repeat
to Your Excellency, and through your respected medium to the
Panaman people, that my Government eagerly desires that the
old and troublesome territorial dispute may be settled between
the two countries in a friendly manner and with the spirit of
cordiality and benevolence proper between sister Nations, which
have lived together since ancient times in perfect harmony, now
maintaining the most sincere relations and invited by the bonds
of blood, history and destiny to march united in the future.

As regards the fate of the Pacheco-Guardia Treaty in Costa
Rica, I regret exceedingly to say to Your Excellency that it
has not been ratified by the Constitutional Congress. In this
respect I think it necessary to record the fact, stated and recog-
nized in the note of Your Excellency, that the Assembly of
Panama, in approving it, introduced various additions and
changes under the name of clarifications (aclaracioncs). Such ad-
ditions, whether they may be characterized as slight modifica-
tions, according to the view of Your Excellency, or as sub-
stantial alterations, according to the opinion of my Government,
are to be necessarily considered as an indirect form of disap-
proval, since in accord with an incontrovertible principle of
international law, to approve conditionally or to modify a treaty
amounts to a disapproval of it.

Many opinions of writers of great authority on the subject
of treaties might be cited in this case. It is sufficient to draw
the attention of Your Excellency to that of Rivier, where it is
conclusively stated, in speaking of the ratifications of treaties^
as follows :

651 i

"The ratification cannot be partial but must apply to
all the stipulations of the treaty. It cannot be modified
and must be absolute, pure and simple. A conditional
ratification is equivalent to a rejection." (Principes du
Droit des Gens, t II, p. 79.)

My Government, notwithstanding the disapproval expressed
by the Assembly of Panama and although disagreeing with the
changes introduced by it in the Treaty, submitted the matter to
the Congress of 1907. The Committee of Foreign Relations
reported against the ratification, and the Chamber, after various
important discussions, resolved that any decision was useless,
since the approval of the Treaty by the Assembly of Panama
implied, by its form, a tacit rejection of it. Therefore, the Gov-
ernment of Costa Rica has since then considered the invalidity
of the Pacheco-Guardia Treaty as a point beyond all doubt and
in this sense has made various declarations, not only in mes-
sages of the President of the Republic but in annual Reports of
this Department of State.

As to the other particulars which are referred to in the note
of Your Excellency, I deem it of great interest, in order to ex-
plain the attitude of my Government, to make a statement of
some important antecedents, which may perhaps not be known
to Your Excellency, having occurred while our boundary ques-
tion was debated with the Government of Colombia.

The Award of President Loubet having been delivered, the
Plenipotentiary of Costa Rica, on September 29, 1900, addressed
to M. Delcasse, Minister of Foreign Affairs of the Republic of
France, a communication in which he established before the High
Judge the interpretation that was given on the part of my Gov-
ernment to the frontier line. Our Minister, Senor Peralta, pre-
sented the following version of the paragraph mentioned :

"The frontier between the Republic of Colombia and
that of Costa Rica shall be formed by the spur of the
Cordillera that starts from Cape Mona, on the Atlantic
Ocean, and closes on the North the valley of the River
Tarire or Sixola, near the mouth of that river; follow-
ing with a direction Southwest-west along the left bank

of that river, to the junction with the river Yurquin or
Zhorquin (called also Sixola^, Culebras or Dorados) to
meridian R2°, 50', West of Greenwich, 85° 10' West of
Paris and 9° 33' of North Latitude). Here the frontier
line will intersect the river course of the Tarire, on the
left bank of the Yurquin, and will follow in a southerly
direction the division range of the waters between the
basins of the Yurquin on the East and. the Uren on the
West ; thence by the division range of the waters be-
tween the Atlantic and the Pacific to near the 'ninth de-
gree of Latitude; thence following the division line of
the waters between the Chiriqui Viejo and the tributaries
of the Dulce Gulf, and terminating at Punta Burica."

Minister Delcasse, on November 23rd of the same year re-
plied to Seiior Peralta as follows:

"* * * the Arbitrator has not been able to fix the
frontier except by means of general indications; I deem
iherefore that it would be inconvenient to trace them upon
a map. But there is no doubt, as you have observed,
that in conformity with the terms of Articles 2 and 3
of the Convention of Paris of January 20, 1886, this
frontier line must be traced within the limits of the terri-
tory in dispute, as they are found to be from the text
of said Articles. It is according to these principles that
the Republics of Colombia and Costa Rica will have to
proceed to the material determination of their frontiers,
and the Arbitrator relies, in this particular, upon the
spirit of conciliation and good understanding which has
up to this time inspired the two interested Governments."

Later (July 27, 1901) this Department of State said to that of
Foreign Relations of Colombia^'.

"* * * Costa Rica listens with special pleasure to
any proposition tending to bring to an end this ancient
quarrel and accepts indiscriminately, either by formal
agreement or through a simple exchange of despatches,

653

that there shall be established the basis under which the
demarcation shall be carried out, provided that previously
and in the usual form both parties have come to an un-
derstanding respecting the points the solution of which
is the obligation antecedent to the operation of setting
up landmarks. I refer, Mr. Minister, to the exact di-
rection of the dividing line on the Atlantic side."

And the note to which I refer adds:

*<* * * as Your Excellency will very well under-
stand, any interpretation different from that which Costa
Rica has given and which impairing its indisputable
rights shall go beyond the claims of Colombia in the liti-
gation, will take away the force of the Award."

This despatch was never answered by the Government of
Colombia. Then came the separation of Panama and negotia-
tions were opened with the Republic Your Excellency so worthily
represents. The fruit of these was the Declaration, the Bound-
ary Treaty and the Convention for setting up landmarks, which
the Plenipotentiaries of both countries signed on the 6th of
March, 1905, at Panam,a.

In the preliminary declaration of the Treaty both Plenipoten-
tiaries recognized that * * *

"* * * by the tenor of what is provided and es-
tablished in the respective laws and treaties and the of-
ficial declarations made by the parties, the dispute regard-
ing territorial limits * * * vvas settled by the judg-
ment (Loubet Award) * * * and in virtue of which,
the frontier being fixed by the High Judge by means
of general indications, the material determination of the
same is left subject to the mutual accord prompted by
the spirit of conciliation and good understanding by
which up to now the two interested Nations have been
inspired."

The above declaration recognizes effectively that the contro-

654

versy between Costa Rica and Panama was definitively concluded
by the decision of President Loubet; but the text notes, with
exquisite care that tMs is understood by the tenor of the official
declarations made by the Parties, The Plenipotentiary of Costa
Rica would not have been able to subscribe a declaration re-
ferring to this point, without making the reservation that my
Government had already presented before the High Judge and
before the Government of Colombia. In other words, Minister
Pacheco would not have been able to recognise the force of
the Loubet Award, excepting with the understanding that the
division line, under the general indications stated in the deci-
sion pronounced at Rambouillet, should follow the general di-
rections determined in the note addressed to M. Delcasse on
September 29, 1900, for the contrary would deprive the sentence
of any force.

Such a declaration, made with specific reserve and which was
indispensable in order to maintain a consistent theory on the
part of the Government of Costa Rica, was not signed by the
Plenipotentiaries as an isolated document and entirely separate
from the others. In the intention of the Plenipotentiaries the
three documents were and formed a single Treaty and there-
fore required legislative ratification.

Regarding this conclusion, permit me Your Excellency to in-
voke the authority that should be unimpeachable, that of the
same Assembly and Executive of Panama. What was, in fact,
said in the law passed by that Assembly on January 25, 1907, and
approved on the following day by His Excellency, President
Amador ? The text reads :

"The boundary Treaty between the Republic of Panama
and that of Costa Rica is approved, which was celebrated
ad referendum in this city by the Plenipotentiaries Gen-
eral Don Santiago de la Guardia and Licenciado Don
Leonidas Pacheco, March 6, 1905, which consists of a
Declaration, a Convention of Boundaries and a Conven-
tion for the setting up of Landmarks, the text of which
is as follows:"

After reading the above approbative law. Your Excellency can

655

do no less than to recognize with me that the Declaration can-
not in any way be separated from the Treaty and Convention and
that therefore it has no value unless it be approved by the respec-
tive Congresses.

Referring now to the affirmation contained in the important
note that I have the honor to answer, that the Treaty of March
6, 1905, had in view the making of territorial concessions to
Costa Rica, I beg to inform Your Excellency that one of the
principal reasons that the Congress of Costa Rica had for not
approving it, was precisely the fact, that by that agreement a
cession was made of a part of the territory adjudicated to us
in the Loubet Award (that which is comprized between Punta
Burica and the River Golfito) without obtaining any advantage
on the Atlantic side, since according to the interpretation of
Costa Rica the line should pass exactly by the points that are
stated in the Treaty.

To consent to such a definition of the frontier, would be
equivalent on the part of Costa Rica to proclaiming in the most
evident manner that it was not right in claiming that the divi-
sion line should follow the general direction set forth in the note
of September 29, 1900; because notwithstanding it leaves the
line on that side as it was. in its opinion, established 1)y the
Award, it appears to cede on the Pacific side, without any com-
pensation, that which without any dispute the sentence attributes
to us.

Costa Rica not gaining anything on one hand and giving away
on the other, it is Panama that the Treaty favors and not Costa
Rica. So that if it was the purpose of the negotiators to make
territorial concessions, it must be confessed that the result did
not correspond to the purpose.

My Government, in conclusion, holding as it does that the
Pacheco-Guardia Treaty is invalid and desiring as it does earn-
estly desire that the dispute about the frontier should be promptly
terminated, is ready to negotiate with that of Panama, either
for a new Treaty to define the dividing line, or for an Arbitral
Convention to decide what must be the correct interpretation
and if being necessary what is to be the force of the Loubet
Award.

Such arbitration has already been happily accepted in prin-

656

ciple by the Government of Your Excellency, in case the direct
negotiations between the two interested Governments do not
succeed, in order to reach in a friendly manner a solution satisfac-
tory to both countries. And as there exists on the part of my
Government the best disposition for a settlement of this trouble-
some matter, with that spirit of fraternal conciliation which
should be felt by Nations bound by so many and such ancient
ties, I cherish the hope that within a very short time, when
Your Excellency has been pleased to communicate to this De-
partment of State that you are ready to open negotiations, we
shall be able to close forever this already long chapter of terri-
torial discussions.

In the meantime, I am pleased to reiterate to Your Excellency
the assurance of my greatest consideration and very distinguished
appreciation.

R. Fernandez Guardia.
To His Excellency

Senor Doctor Don Belisario Porras,

Envoy Extraordinary and Minister Plenipotentiary of
Panama. S. D. .

Doc. 462 The Minister of Panama to the Secretary of State in the
Department of Foreign Relations.

Legation of the
Republic of Panama.

No. 44. San Jose, June 7, 1909.

Mr. Secretary:

On Saturday afternoon I had the honor to receive the courte-
ous communication of Your Excellency, dated the 5th of the
present month, answering my protest-note of May 29th last.

As Your Excellency will remember, my communication was
in obedience to the orders of my Government, received by cable,
and therefore now, considering the response of Your Excellency
as a contradiction of the arguments which were set forth in my
note, it is my duty, in expectation of new orders which may be
sent to me, to confine myself to acknowledging the receipt ad
referendum of the contra-protest of Your Excellency. With the

657

expectation of very shortly receiving said orders, I hasten to
prepare — in order to send it to my Government — a copy of the
communication of Your Excellency, as well as of the contract
of the Department of the Treasury with the United Fruit Com-
pany, of which Your Excellency was pleased to also send me a
copy.

In the meantime, permit me to request Your Excellency, in
order to hasten the conclusion of this incident concerning the
establishment by the Government of Costa Rica of an Inspector-
ship of the Treasury and Military Command on the left bank
of the Sixola, that you will be pleased to make me acquainted
with the agreement, called the statu quo, existing between Costa
Rica and Panama (with which I am sorry to state I am not ac-
quainted) and which, according to Your Excellency, explains
the perfect right that Costa Rica has to exercise jurisdiction in
the territories situated on the North of the de facto line, which
is. Your Excellency adds, "the left bank of the River Sixola,
which actually divides Costa Rica from the Republic of Panama,
up to the intersection of the Sixola with the Yorquin or Zhor-
quin" ,

I reiterate to Your Excellency the assurance of the most dis-
tinguished consideration with which I have the honor to sub-
scribe myself your obedient servant,

BkJvISArio Porras,
E. E. and M. P. of Panama.
To His Excellency

the Secretary of State in the Department of Foreign Re-
lations. E. S. D.

The Secretary of State in the Department of Foreign Re- dqc. 463
lations to the Minister of Panama.

Department of

Foreign Relations. Republtc o? Costa Rica,

San Jose, June 22, 1909.

Mr. Minister:

I have the honor to acknowledge to Your Excellency the
receipt of your courteous note of June 7th instant, by which

658

I am informed that Your Excellency is expecting new instruc-
tions from your Government in regard to the matter that led
to the protest which you addressed to this Department of State
on the 29th of May last.

Your Excellency adds that in order to hasten the termination
of the incident originating in the establishment of a Sub-inspec-
tion of the Treasury and of a Military Command at Guavito,
on the left bank of the Sixola, you desire to be acquainted with
the agreement in force, called the statu quo, between Costa
Rica and Panama, which explains the perfect right that Costa
Rica has to exercise jurisdiction in the territories situated on
the north of the line de facto, which now serves as a frontier
line for the two Republics.

Out of respect to the desire expressed by Your Excellency,
I am pleased to state to you that the jurisdictional statu quo
existing between Costa Rica and Panama does not have for its
basis any special agreement called statu quo. It is founded
upon the treaties concluded between the Federal Republic of
Central America and that of Colombia and afterwards between
Costa Rica and the United States of Colombia.

As regards the line de facto, on the Atlantic side it is as follows :

The River Sixola to its junction with the Yurquin or Zhor-
quin (called also Sixola, Culebras or Dorados) ; the Yurquin
to its watershed.

I take this opportunity to reiterate to Your Excellency the
testimon> of my great consideration.

R. Fernandez Guardia.

To His Excellency Senor Doctor Don Belisario Porras, Envoy
Extraordinary and Minister Plenipotentiary of Panama.
S. D.

659

The Minister of Panama to the Secretary of State in the Doc. 464.
Department of Foreign Relations.

Legation of the

Republic of Panama.

No. 65.

San JosEi. July 28, 1909.
Mr. Secrktary :

When I received on Saturday the 5th of June your esteemed
communication of that day, in response to my protest-note of
May 29th, concerning the establishment of a Sub-inspectorship
of the Treasury and Military Command at Guavito, on the left
bank of the Sixola, I had the honor to state to Your Excellency
that in the expectation of receiving new orders from my Govern-
ment I only acknowledged the receipt ad refcrendwn of the com-
munication mentioned.

I deemed it a case for urgency and immediately sent a copy
of the said note of Your Excellency to my Government. The
latter, after having weighed with due care the reasons that
Costa Rica held for taking possession, in the manner indicated,
of a territory which was not in its possession before but which
had been adjudicated to Panama hy an arbitral sentence, for
the fulfillment of which the national honor was pledged before-
hand by both countries, I have not deemed it proper that I should
withdraw the objections that it was necessary for me to make
in the matter referred to. On the contrary it instructed me to
maintain and to strengthen it with new and more powerful
reasons.

In the letter mentioned, in which I made such statement to
Your Excellency, I requested from Your Excellency that, in
order to hasten the termination of this incident, concerning the
establishment by the Government of Costa Rica of the Sub-
Inspectorship of the Treasury and Military Command mentioned
on the Sixola, you would be pleased to inform me regarding the
statu quo between Costa Rica and Panama, for I confessed with
shame and regret that I did not know to what Your Excellency
referred. Your Excellency believed it gave full right to Costa
Rica to exercise provisional authority and jurisdiction on the
said left bank of the Sixola and answered me as follows :

660

''Out of respect to tbe desire expressed by Your Ex-
cellency, I am pleased to state to you that the jurisdic-
tional statu quo existing between Costa Rica and Panama
does not have for its basis any special agreement called
statu quo. It is founded upon the treaties concluded be-
tween the Federal Republic of Central America and that
of Colombia and afterwards between Costa Rica and the
United States of Colombia/'

Your Excellency went further, indicating to me, founded on
I know not what documents, "the de facto line" on the Atlantic
side, thus :

From the mouth of the River Sixola to that of the River
Zhorquin, which Your Excellency also calls Culebras or Dorados,
and thence by the said river Zhorquin to its watershed in the
Cordillera. As to the Pacific side Your Excellency did not make
any statement.

In a note which was previously addressed by Your Excel-
lency to me, I was assured that the Government of Costa Rica
did not harbor the least doubt as to the full right with which
it acted in that matter, supported by the statit quo referred to ;
but that in case it might have had any, it would have disappeared
in view of the Resolution No. 28 of the Department of Govern-
ment and Foreign Relations of Panama, dated August 2, 1904.
This was published in the Official Gazette of the Republic on
the 23rd day of the same month and year and in it the Secre-
tary, invoking the statu quo "agreed" and considering every-
thing and bearing in mind that Gandoca forms part of the terri-
tory of Panama, conformably to the Loubet Award, that award
not yet having been executed, thought that the Government of
Panama did not exercise jurisdiction in it but that Costa Rica
did, in the same way that Panama exercised it on the Pacific
side in another part of the disputed zone.

Finally, Your Excellency alleges that the Sixola and the Zhor-
quin form the dc facto line ; alleging further that to the North
of it Costa Rica exercises of right a provisional jurisdiction and
that such de facto line has always been respected by Colombia
and Costa Rica as the division between the two Republics since
the dispute as to boundaries was started between them.

661

In order to answer these reasons, Panama also is supported
before all by "the treaties concluded, first between the Federal
Republic of Central America and that of Colombia, and later
between Costa Rica and Colombia." These treaties are in all
four, one dated 1825 between the Republics first cited, and three
of arbitration to definitely solve the question of boundaries and
are between the last two respectively of 1880, 1886 and 1896.
Of those for arbitration, the first establishes that the question
of boundaries between the parties shall never be decided by any
other means than the civilized and humanitarian one of arbitra-
tion and that until such a desired solution is arrived at the agreed
statu quo shall be preserved. The last two confirm the first.
It appears, therefore, that there was already, when they were
celebrated, conformably to these Conventions, a state of things
agreed {statu quo), and seeking what it is found in the aforesaid
Treaty of 1825, celebrated between Colombia and the Federal
Republic of Central America.

The Protocol and Articles 5 and 7 are known of that treaty,
signed by the two Representatives of the two Nations, Don Pedro
Gual and Don Luis Molina. In the Protocol it says :

"Article 5 was read and Seiior Gual was opposed to its adop-
tion as being contrary to the legitimate titles of Colombia, and
in proof of this he showed to Sefior Molina the original cedula
of November 30, 1803, in which the Coast of Mosquitos, as far
as Cape Gracias a Dios, was added to the Viceroyalty of New
Granada; and also the Decree of the Executive of July 5, 1824,
against the enterprises of unauthorized adventurers on said
Coast, without noting many other acts by which commerce with
the natives who inhabited it was regulated. He also added that
the Government of Colombia was resolved not to abandon its
rights except in the case of making mutual concessions by a
special boundary treaty, and that if Senor Molina had instruc-
tions from his Government to enter into such negotiation, he
would have no hesitancy in venturing now the idea that it was
very possible Colombia might agree in the establishment of a
dividing line, for that part, from the mouth of the River San
Juan to the entrance into the lake of Nicaragua, where a point
toward the South would be selected by which to continue mark-
ing the boundaries, until reaching the Dulce Gulf, in the Pacific

662

Ocean. In this way, he said, there would remain to Gimtemak
the largest and most populous part of the Province of Costa Rice
on the South, and ail the part of the Coast of Mosquitos fron
the North bank of the River San Juan up, and it could then hi
stipulated that the navigation of said river and Lake of Nicaragiu
were to be common to both parties. Colombia would only gair
the advantage of this navigation on the North, the fragment oi
land comprized between the interior division line, from the Lak(
toward Gulf Dulce and that of having natural boundaries foi
the greater part, which is its principal interest, in order to avoic
all disputes in the future. Sefior Molina answered that he die
not have instructions for such a negotiation. Senor Gual ther
responded that it was necessary to go, in the matter of bound-
aries, to the uti possidetis of 1810 or 1820, as might be desired
Sefior Molina having acquiesced in this, Sefior Gual chargec
himself with the preparation of the articles therefor within th(
time to make the draft."

In conformity with this part of the Protocol, there was estab
lished in Articles 5 and 7 what Your Excellency will notice :

"Article 5. Both the contracting parties mutuall}
guarantee the integrity of their respective territories
against the attempts or invasions of the subjects of th<
King of Spain and their adherents, in the same footing it
which they were before the present war of independence

Article 7. The Republic of Colombia and the Unitec
Provinces of Central America formally agree and obli
gate themselves to respect their boundaries as they an
at present, reserving the demarcation of the dividing lin<
between one or more of the States to be made in a friendly
manner, by means of a. special Convention, as soon as cir
cumstances may permit it, or whenever one or the othei
of the parties indicates to another that it is disposed tc
enter into such negotiation."

The state of things, as regards boundaries, referred to in th<
Protocol of the Convention and in Articles 5 and 7 of it, whicl
I have copied, was the statu quo that was agreed. As there wa:
no other Treaty between the Federal Republic of Central Americt

663

and Colombia, without doubt it is this Treaty to which Your
Excellency referred in stating that the statu quo under discus-
sion ''is founded on treaties concluded between the countries
mentioned." This "state of things" w^as also the principle de-
nominated uti possidetis jure of 1810 or 1820; that is to say,
that whatever Central America and Colombia held of right in
1810 or 1820 (legally held), should be considered as the bound-
aries between the two. The rule was one of equity and jus-
tice for the distribution of the territorial rights which had been
inherited and accepted for the Nation a part of which is now
Costa Rica and for that a part of which came to be Panama,
as an equally rigorous rule between these latter two. It is clear
that the "state of things" to which reference has been made is
the legal situation (estado legal) in which those Nations were
found in 1810 or 1820 ; the legal situation created by the jurid-
ical ties that bound each one of those peoples to its respective
territory, with absolute exclusion of all possession de facto, with-
out a just title, acquired by administrative errors or more or
less covert or fraudulent usurpation.

This legal or rightful situation is determined by the Royal
Cedula of November 30, 1803, by which the Coast of Mosquitos
as far as Cape Gracias a Dios was added to the Viceroyalty
of New Granada, and by the Executive Decree of July 5, 1824,
against the undertaking of unauthorized adventurers on that
coast, documents to which Senor Gual alluded in the paragraph
of the Protocol which I have copied. That cedula informed
Senor Molina, because the said Sehor Gual sent to him a certified
copy of it by the note of March 11, 1825, so that he might take
full knowledge of it. It is a clear statement, precise and con-
clusive, and reads as follows :

"The King has resolved that the islands of San Andres
and the part of the Coast of Mosquitos, from Cape Gra--
cias a Dios, inclusive, towards the River Chagrcs, be seg-
regated from the Captaincy-General of Guatemala and
dependent from the Viceroyalty of Santa Fe. I advise
by Royal Order in order that the Ministry under your
charge may issue what is proper for the fulfillment of
this sovereign resolution. (Signed) Soler.
To the Viceroy of Santa Fe,

664

So that, if after the Treaty of 1825 between Colombia and
Central America, of which Panama and Costa Rica are the heirs,
no other treaties were signed, neither between the former nor
between the two latter, which modified the state of things agreed
in it, which consisted in the rule of the uti possidetis jure of
1810 or 1820 for the- provisional demarcation of their bound-
aries, and even in the Treaties of Arbitration the only ones that
followed it, allusion was scarcely made to the statu quo agreed
upon, it is evident that between Costa Rica and Panama there
was no other statwquo until the delivery of the Award.

It is true that on April 20, 1880, Don Luis Carlos Rico, Sec-
retary of Foreign Relations of Colombia, marked out a line dis-
tinct from that considered as the interpretation of the statu quo,
but that line, the capricious work of a Secretary that could not
invalidate an existing Treaty which had been solemnly approved
and ratified, was happily not accepted by Costa Rica. The Sec-
retary stated as follows :

"In order to carry out the statu quo that both Republics
have agreed to change, until the arbitral decision is ac-
complished, my Government claims and protests that the
boundary between the two Republics during the time that
its boundary questions remain pending is that on the At-
lantic side, following the principal river bed of the Cule-
bras to its watershed and following a line along the sum-
mit of the range of Las Cruces as far as the mouth of
the River Golfito, in Diilce Gulf, in the Pacific." * * *

The provisional line continued, then, being that of the uti pos-
sidetis jure of 1810 or 1820, because Costa Rica did not accept
that of Luis Carlos Rico. But supposing, that the , simple note
of Luis Carlos Rico, notwithstanding it had not been accepted
by the Government of Costa Rica, could have annulled that uti
possidetis jure of 1810 or 1820 and could have become the line
actually in force, it must have followed by the River Culebras and
not by the Sixola, which is the one that Your Excellency endeavors
to establish. In fact, the Sixola is not the Culebras. In the last
official map of Costa Rica, which is that of Pittier, of 1903, the

665

River Culebras does not appear; but in the prior map, that of
1876, signed by Luis Friederichsen and prepared, according to
official data, in the time of General Don Tomas Guardia, the
Culebras or Dorados is shown as a river that runs to the North
of Punta Mona and empties into the sea, probably the Bstrella
of today. The Sixola is marked to the South of that point, as it
is in the map of Pittier and as it is in fact. Yet today the map
of Friederichsen continues to be the official map in the Jusgado
dclo Contencioso of this cit3^

My theory is that we can admit that there is an error in that
map and that the River Dorados or Culebras may be the Sixola,
but why would it have to be the Zhorquin or Yurqum. which is
only a tributary of the latter? In any case the line starts from
the sea, and if the Sixola empties into the sea, as it does, and it
being taken that it is the same as the Culebras, Your Excellency
would have to agree that the de facto line runs by the course of
current of that river "to its watershed," as Senor Louis Carlos
Rico says, and not by the course of the Zhorquin.

It is true that Central America, in the first place, and after-
wards Costa Rica, have been occupying the territory of which
Colombia and its heir Panama had lawful command and juris-
diction ; but such acts could not create for Costa Rica a legal con-
dition. The iiti possidetis jure of 1810 or 1820 did not refer to
acts but to law, to the legal state the old Spanish Colonies were in
at the time of becoming independent in this part of America.
How could casual or irregular acts be valid, which altered law-
ful, demarcations which had been accepted?

In some cases, as in the occupation of Bocas del Toro, by vir-
tue of concessions later than 1825, a term was put to the occupa-
tion, but not in others, it being continued notwithstanding the
representations and protests of Colombia and Panama. Hap-
pily, in international matters as in the Civil Law, the prescription
upon which a right is based supposes for its possession a just
title and good faith, and. only Panama had such just title. It
consists in the Royal Order of November 30, 1803, in the Execu-
tive Decree of July o, 1824, against the enterprises of unauthor-
ized adventurers, and in the Treaty of 1825, not yet invalidated
nor modified.

666

It is evident, then, that up to the Loubet Award there existed

the statu quo of 1H35, and as that Award has not yet been ap-
plied it said statu quo has continued in all its force. Colombia,
first, and thereafter the Republic of Panama, have exercised juris-
diction and authority over the Atlantic coast as far as Punta
Mona. The Executive Decree of Panama, No. 17, of 1903, of
November 11th, in its Article 12 indicated the powers of the
Chief of the Customs Guard (Resguardo) of Bocas del Toro,
who at the time that he exercised jurisdiction collected duties in
the territory above mentioned. By Decree No. 18 of 1903, also
of Panama, dated November 16 and published in Official Ga-
zette No. 2 of the 20th of said month and year, the Province of
Bocas del Toro was created, fixing its boundaries with Costa
Rica, including the whole of the zone over a part of which that
Republic had in fact begun to exercise its jurisdiction. Finally,
in the Report of 1906, presented to the National Assembly of
Panama by the Secretary of Government and Foreign Relations,
it appears that the Government of Panama considers the Guardia-
Pacheco line as the same as the statu quo. So that, therefore
up to 1906, Gaud oca, and with greater reason the mouth of the
Sixola, have been under the jurisdiction of the Republic of
Panama.

I acknowledge that on August 2, 1904, the Secretary of For-
eign Relations of my country issued a Resolution, by which he
intimated that Costa Rica exercised jurisdiction in Gandoca, not-
withstanding it was found within Panaman territory, since the
Loubet Award had not yet been executed which adjudicated it
to Panama; but that administrative Resolution, which did not
merit the assent of the Executive and has scarcely any appre-
ciable value, mistaken of course, did not amplify, nor reform,
nor modify the conventions, treaties and declarations made in
the mattfcr of the controversy as to boundaries, neither did it in
the least alter the value of the uti possidetis jure of 1810 or
1820, or that of the statu quo of 1825, the only rule and legal
principle, agreed and in force, in this respect between Costa Rica
and Panama.

Why, solely because of the fact that the Award had not been
carried into effect, should Costa Rica exercise jurisdiction in
Gandoca? It is a funny idea. If Costa Rica did not exercise it

667

there before the xA^ward, why after the Award was made, which
gave that territory to Panama, could she exercise it? With the
rejection of the Award by Costa Rica, and without its execution,
the territory comprized between Punta Moiia and the spur of the
Cordillera^ starting from that Point and the mouth of the Six-
ola, along all the left bank of that river, is definitively under
the jurisdiction of Panama, because the least that Panama could
acquire if the very worst happened would be that which the Rep-
resentative of Costa Rica in Paris always and entirely acknowl-
edged to it when he interpreted the Award. In fact, as appears
in the important note of Your Excellency of June 15th, Minister
Peralta presented to the Arbitrator, through M. Delcasse, the
following version of the paragraph relating to the frontier line
of the Atlantic side :

"The frontier between the Republic of Colotnbia and
that of Costa Rica shall be formed by the spur of the
Cordillera (within which are Punta Mona, Gandoca and
the whole left bank of the Sixola) that starts from Cape
Mona, on the Atlantic Ocean and closes on the North the
Valley of the River Tarire or Sixola, near the outlet of
the latter * * *."
If, then, by so many legitimate titles, since 1803, before the
Independence and afterwards, until the Loubet Award was de-
livered, Colombia first and later Panama have had lawfully the
dominion and jurisdiction over the whole left bank of the Sixola,
to the Spur of the Cordillera that starts from Punta Moyia and
closes the valley of the said River Tarire or Sixola, it is clear that
it could not be lost to Panama by an administrative resolution
of the Secretary of Government and Foreign Relations. Domin-
ion and jurisdiction are the two great attributes of sovereignty
and they can only be taken away by the constitutional authority.
Supposing that such resolution had any value, it would be con-
sidered as a mere courtesy or simple permission, as an innocent
use, not conferring any perfect right and which terminates at the
time and in the form that the sovereign may determine. I re-
frain from citing any author on this point, because the funda-
mental principle is well recognized by Your Excellency. No
State is required to consent that within its own territory an-
other power may exercise any political act (of police, judicial

668

administration, military or imjx^sing taxes). Every State is un-
der obligation to refrain from any such acts within a foreign
territory. These are well accepted principles of International
Law.

From what has been stated and in the confidence that Your
Excellency will take it into serious consideration, recognizing the
right and justice that supports Panama in the protest that it has
made through me, I am led to hope in the name of my Govern-
ment that the learned and just administration of Costa Rica
may withdraw from the left bank of the Sixola that it estab-
lished there, with an Inspectorship of the Treasury and Military
Command. The acquiescence of the Government of Costa Rica
in this would be the most patent proof of the sentiments of fra-
ternity which it holds for Panama and the most transcendent act
in the arrangement of the boundary dispute which would assure
without doubt its definitive settlement for all time.

Be pleased, Your Excellency, to accept the sincere testimony
of my most earnest esteem and believe me your very obedient
servant,-

Belisario Porras,
E. E. and M. P. of the Republic of Panama.

To His Excellency the Secretary of State in the Department of
Foreign Relations.

Doc. 465 The Secretary of State in the Department of Foreign Re-
lations to the Minister of Panama.

Department of
Foreign Relations.

Republic of Costa Rica.

San Jose, August 13, 1909.
Mr. Minister:

I have had the honor to receive the courteous note of July
28th last, in which Your Excellency, with new instructions from
your enlightened Government, insists upon the request to Costa
Rica to withdraw the Sub-inspection of the Department of Treas-
ury and Military Command established recently in GuaiHto, on

669

left bank of the River Si.vola : and with the purpose of strength-
ening the reasons previously invoked you consider at length the
statu quo agreed between Costa Rica and Colombia.

In this matter Your Excellency has been pleased to set forth
some propositions, of which the principal are as follows :

1. In order to contradict the right that Costa Rica has to exer-
cise jurisdiction and authority upon the left bank of the Sixola,
which according to my previous notes is no other than the pos-
session in fact agreed between both countries until the definitive
delimitation should be made, the Government of your Excellency
relies upon the Treaty of 1825, according to which the Central-
American Federation, of which Costa Rica formed a part, and
the original Republic of Colombia, accepted as a principle for the
definition of their respective frontiers, the iiti possidetis of 1810
or 1820;

2. The River Culehras is not the River Sixola:

3. Panama, and previously Colombia, exercised jurisdiction on
the Atlantic coast as far as Punta Mona;

4. Panama considers the line of the Pacheo-Guardia Treaty
as the same as that of the statu quo:

5. If the Sixola is the River Culcbras, why should it be the
Yurquin ?

The discussion being thus systematized, may I be permitted to
present to Your Excellency the reasons that my Government has
to disagree with Your Excellency in regard to all and every one
of said points.

First.

As regards the first point, I must state to Your Excellency
that Costa Rica has never refused to recognize, as a basis for
deciding^the territorial disputes with its neighbor on the South,
the legal state of things as they were at the time of the emanci-
pation of our two countries. It was so admitted in the Treaty of
1825 and afterwards before the Arbitrator.

But the liti possidetis or jus possidendi which is invoked by
both Costa Rica and Panama, as well as by most of the Republics
that formerly constituted the Spanish Colonies in America, to
serve as a basis for determining their respective frontiers, — a
right which is called at other times the jurisdictional statu quo

670

or "state of things," — is one thing, and quite another and dis-
tinct thing is the possession in fact or the line de facto agreed
upon by the countries to be respected as the provisional frontier
while their litigation is pending as to a definitive dividing line.

For this reason, in my note of June oth last, I duly noted the
difference between the jurisdictional statu quo defined in the
treaties and the line de facto as to which no treaty whatever
exists.

As both countries are agreed that the question of territory
must be decided or ought to be decided in accord with the legal
situation (estado Ici^al) of the dominion and jurisdiction prior
to independence, and to convince Your Excellency that a line
really exists which marks the possession in fact or provisional, I
will recite recent Colombian documents and even those of Pana-
ma which so provide and recognize, notwithstanding Costa Rica
duly made protests against what it has considered to be unau-
thorized invasions of its territory.

(a) May 21, 1870, the President of the State of Panama,
General Correoso, in a letter addressed to the President of Costa
Rica, said : "The Captain of the Port of Moin, it is asserted, is
doing the same, invading the Colombian village of Sixoula,
situated on the eastern side of that river * =^ *." And farther
on adds : "* * * without any one having disputed up to the
present time the boundaries fixed as the limit of both countries
by the Spanish Govenmient, in the Atlantic the river Culebras,
also called Doraccs or Dorces * * *."

(b) October 20, 1871, the Plenipotentiary of Colombia in
Costa Rica, commenting upon some events th,at had occurred in
Sixola and Changuinola said to the Secretary of Foreign Rela-
tions of the latter Republic:

"A person called Santiago Mayas or Mayay, entitling, himself
an agent of the Government of Costa Rica, has pretended to
exercise acts of jurisdiction in the village of Changuinola, which
as Your Excellency knows, is located to the West of the River
Doraces, the boundary betiveen this Republic and that of Colom-
bia, as the Government of the latter maintains. Colombia has
at all times been in possession of Changuinola); and although
Costa Rica also thinks that it has a right to the territory in which
that village is situated, such possession ought to be respected.

671

not only because by Art. 7 of the Treaty celebrated between old
Colombia and Centred America on March 15, 1825, the two Re-
publics were obligated to respect their boundaries, as they then
were, but also because it is in the interest of both, in order to
avoid complaints and reciprocal claims, to recognize their re-
spective possessions in the condition in which they are now found,
as long as their boundaries are definitively fixed."

That is a document which puts in clear relief, not only the uti
possidetis but also the statu quo de facto..

(c) The Minister of Foreign Relations of Colombia, Sefior
Rico, in a note addtessed to this Department of State on April
20, 1880, said:

"In virtue of the uti possidetis of 1810, and with a solid basis
of authentic and irrefutable documents, the boundaries of Co-
lombia extend upon that side as far as Cape Gracias a Dios,
comprising all the Coast of Mosquitos on the Atlantic, and to
the River Golfito on the Pacific; but for the purposes of the
statu quo, which both Republics have agreed not to alter, whilst
the arbitral decision may not be carried out, my Government
alleges and protests that the marking of the boundary between
the two Republics, during the time that their questions concern-
ing limits continue pending, is the following: Upon the Atlantic
side, the main channel of the River Culebras to its sources, con-
tinuing by a line along the crest of the range of Las Cruces to
the mouth of the River Golfito in the Gulf of Duke on the
Pacific."

(d) The previous note of Senor Rico, which Your Excellency
claims has no authority because it is contrary to the Treaty of
1825, is rather a confirmation of the same. But this is not the
only document that my Government can call upon in this matter.
There is another from a higher source, which confirms it and
strengthens it. The proclamation of President Niiiiez, of Sep-
tember 6, 1880, reports to the Nation that the Senate of Pleni-
potentiaries approved the following conclusions:

"1. Colombia has, under titles emanating from the Spanish Gov-
ernment and the uti possidetis of 1810, a perfect right of do-
minion to, and is in possession of, the territory which extends
toward the North between the Atlantic and Pacific oceans to the
following lines : — From the mouth of the River Culebras upon

672

the Atlantic, going upstream, to its source from thence a line
along the crest of the ridge of Las Cruces to the origin of the
River Golfifo; thence the natural course of the latter River to its
outlet into the Gulf of Duke in the Pacific."

(e) There is more yet. The Government of Costa Rica hav-
ing proposed to that of Colombia the fixing, by common accord,
of a provisional frontier line, while the Spanish Government had
not pronounced its arbitral decision, the Under-Secretary of
State in charge of the Ministry of Foreign Relations of Colom-
bia, Don Marco Fidel Suarez, addressed to this Department the
note of March 16, 1891, of which I have the honor to send Your
Excellency a copy as it does not appear in the publications in
regard to the boundary dispute.

In this note Sefior Suarez states as follows:

''On April 8, 1889, the Minister of Foreign Relations of
Costa Rica addressed to the Minister of the same branch
of the Republic a note in which he recognizes that
Si.vaola< has long been subject to the jurisdiction of Co-
lombia; so both parties interested are agreed in acknowl-
edging that the one has actual possession in a certain
point of the litigated zone. So, then, the provisional and
transitory boundary can not be to the East of the Sixaola,
for that would be to disturb the actual possession that
Costa Rica acknowledges in Colombia, and lose sight in
the ,act of settlement of the purposes which impose that
settlement. As to the part West of the Sixaola^, although
Colombia insists, in accord with the Additional Conven-
tion signed in .Madrid by the Plenipotentiaries of this Re-
public and of Costa Rica on January 20, 1886, that its
rights on the Atlantic extend to Cape Gracias a Dios, it
does not complain if its actual possession be restricted,
fixing the transitory limit nearer than that terminal. — The
Republic, then being guided by especial sentiments of
conciliation, proposes that the provisional frontier shall
be the River Horaces, from its outlet in the Atlantic to
its sources thence following the Cordillera of Las Cruces
to the River Golfito and thence along the River Golfito
and thence the River Golfito to its outlet in Duke Gulf/*

673

(f) The resolution of the Government of Your Excellency,
which I cited in my note of June 5th of the current year, is an
explicit recognition of the line de facto respected by Costa Rica
and Colombia and which Panama must respect while definitive
delimitation is not made.

This situation of fact has not only been respected by our two
countries, but has also been recognized in a categorical manner
by the Government of the United States of America, as a rule
for judging of the rights and protection for the interests of its
citizens. The Under-Secretary of the Department of State, Mr.
Robert Bacon, in a note of February 16th of this year 1909,
communicated to my Government and to that of Your Excel-
lency, says as follows:

"Should, however, an adjustment of the controversy be
delayed or no adjustment made in the near future, the
Government of the United States will be constrained to
the conclusion that the conditions existing are such that
they force the United States in justice to its own citizens
to treat the de facto line to the North of which Costa
Rica has jurisdiction and to South of which Panaman
jurisdiction is recognized; in other words, to hold that,
inasmuch as the territory North of the de facto line is
left by Panama within the actual jurisdiction and control
of Costa Rica, the United States must in the interests of
its citizens treat it as Costa Rican territory and look to
Costa Rica to remedy the annoying and embarrassing sit-
uation caused to the United States and its citizens by the
absence of responsible jurisdiction in that quarter."

Besides, the existence of a provisional boundary line in no
way changes the rights of the parties, and my Government does
not believe that its own rights are injured in any way by the cir-
cumstance of Panama finding itself in possession of a territory
that belongs to it. In the same way, the possession that Costa
Rica may have of any territory whatever, which the Republic of
Panama can with right legitimately claim, does not injure that
right, since the possession de facto does not contradict the legal
statu quo or agreed uti possidetis.

674
Second.

Your Excellency affirms that the River Sixola is not the
Culebras and in making that assertion relies upon the map of
Friederichsen of 187G, in which a River Culebras or Dorados
appears to the North of Punta Mona.

I must, therefore, inform your Excellency that in Costa Rica
there is no official map. Various private ones exist and all are
used, according to the caprice of convenience of the person who
needs one.

Upon this point I will add that the names Culebras or Dorados
are not known in Costa Rica and that they are exclusively Co-
lombian. And in Colombia itself it has been at times believed
that one is the River Dorados or Doraces and another the River
Culebras, until they have at last come to the point of considering
Culebras as being the same as Dorados and that the two are one
and the same river.

I will cite in support of my allegation some documents of Co-
lombian and Panaman origin :

(a) The Government of Colombia at one time claimed as the
line of possession a river called Doraces, Dorces[, or Dorados,
and the Senate and House of Representatives, in approving one
of the plans for settlement of boundaries in 1857 stated and
explained that the river so named in the Treaty is the first one
that is met with at a short distance to the South-east of Punta
Car eta.

(b) In the plan of settlement, presented in 1865, by the Plen-
ipotentiary of Colombia, Seiior Valenzuela, to Doctor Don Jose
Maria Castro, Plenipotentiary of Costa Rica, it was repeated
(Art. IV, Clause 3) that the River Dorados, Dorces or Doraces
is the first river that is met with toward the south-east of Punta
Careta, vulgarly called Punta Manas.

(c) Senor Fernandez Madrid, in his celebrated report of 1852,
in speaking of the necessity of obtaining exact data for the fixing
of the frontier says that it was so much more indispensable inas-
much **as some of the persons who have visited them (the coasts)
recently declare that among their inhabitants the names, so com-
monly used, of River Culebras and Punta Careta are not known,
the former being called there the River Sixaula and the latter

675

Punta del Mono, without their being- in the other designations
any similarity whatever with those that we know here."

(d) The President of the State of Panama, General Correoso,
in the letter already cited of 1870, recognizes as the boundary
with Costa Rica the River Culebras, called also Horaces or
Dorces.

(e) In the documents communicated to my Government by
Sefior Pradilla, Minister of Colombia^, in 1871, there appears a
paper written to the Prefect of Colon by a Senor R. Iglesias, in
which it says: "* * * then the Sixaiila is the same river
Culebra that marked the boundaries with Costa Rica in the time
of the former Colombia * * *."

(f) Lastly, from the notes of Rico and Suarez, before cited,
it is clearly deduced that the rivers Horaces and Culebras are
the same as the River Sixola.

Further it may be said, that as for Cosa Rica no other name
has ever existed of those mentioned except that of Sixola, and
that in our historical geography we have never known any other
River Culebras than the actual Calobebora or Chiriqui: while
for the Government of Panama it appears to be well demon-
strated ^that the River Dorados is the same as Culebras (letter
of General Correoso, notes compared of Rico and Suarez) ; that
the River Culebras is the Sixola (report of Fernandez Madrid,
paper of Iglesias communicated by Pradilla), and that said river
Culebras or Dorados is the first river that is found a short dis-
tance to the South-east of Punta Mona, which is no other than
the one we call the Sixola.

Third.

Your Excellency asserts that Colombia first and afterwards
the Republic of Panama exercised jurisdiction and command
over the Atlantic Coast as far as Mona Point.

I do not pretend to contradict Your Excellency so far as refers
to the coast that draws away, toward the South-east, from the
mouth of the Sixola, but I have to deny the fact so far as re-
gards the section of coast comprised between the mouth of that
river and Punta Mona, in which no Colombian or Panaman au-
thority has ever exercised any command.

As proof of the assertion of Your Excellency two decrees are

676

cited of the Executive of Panama, both of November, 1903, the
terms of which are not known to this Department of State ; but
even supposing that there was specifically given by them authority
to the fiscal Customs Officer and that Punta Mona was indicated
as a boundary of the Province of Bocas del Toro, that only shows
that in Panama there had been legislation about this matter ; but
it does not in any way show that it in fact any command has been
exercised in the district of Sixola-Punta Mona, which neither
Colombia nor Panama have held up to this moment.

The theory of Your Excellency is controverted by your own
Government in the resolution of August 2, 1904, posterior to the
Executive decrees mentioned and cited in my despatch of June
5th last. In that resolution the Government of Your Excellency
recognized in a clear and conclusive manner that it did not exer-
cise jurisdiction in Gandoca or Gandokin, notwithstanding the
adjudication of the Award of President Loubet.

In regard to this Your Excellency adds that the said resolu-
tion of August 2, 1904, did not obtain the approval of the Excel-
tive and that you deem it contrary to the treaties, conventions and
declarations made relative to the controversy as to boundaries.
Permit me. Your Excellency, to repeat that said resolution did
not involve any negation of the uti possidetis or of the statu quo.
It is purely and simply the recognition of an incontestable truth,
which is that notwithstanding the Arbitral Award, each country
maintains jurisdiction over the territory that it possesses, adju-
dicated to the other claimant, whilst the decision is not executed.
Such a resolution in no way affects, either the rights of Costa
Rica or those of Panama.

Even Your Excellency can do no less than confess this truth,
when saying that it is true "that Central America, in the first
place, and afterwards Costa Rica have been occupying the terri-
tory of which Colombia and its heir Panamc^ had lawful com-
mand and jurisdiction."

If all the documents relating to the boundary dispute are ex-
amined carefully, it will be seen that in no case nor at any time
did Colombia or Panama ever exercise effective authority to the
North of the River Sixola. On the contrary, there will be found
numerous proofs that what was accepted by both parties was to
take as the boundary point the mouth of that river.

• 677

The same cannot be said in respect to the possession of Costa
Rica to the South of the month of the Sixola, for Your Excel-
lency knows too well that it was but in 1836 that this Republic
was despoiled in a violent manner of its possession in Bocas del
Toro, over which Central America and the State of Costa Rica
governed at that time. Nevertheless, that dispossession was not
carried out without a protest on our part and even Panama ad-
mitted in a certain way that which we considered our right.

In fact, as Your Excellency knows, in 1841, when Panama was
separated from New Granada, it made a Treaty with Costa Rica
which was signed in its name by Don Pedro de Obarrio. One of
the clauses of that agreement reads as follows :

**The State of Costa Rica reserves its right to claim
from the State of the Isthmus the possession of Bocatoro,
upon the Atlantic Ocean, which the Government of New
GraMda had occupied, trespassing the division line lo-
cated in the Escudo de: Veraguas/'

For all the reasons stated, my Government does not make any
claim by reason of the fact that Panama holds territory that is
adjudicated to us and belongs to us, because it understands that a
momentary possession is one thing and a definitive right is an-
other.

Your Excellency argues that if Costa Rica did not exercise
jurisdiction before the Arbitral Award, in Gandoca, how could
it exercise it after the Award which gave that territory to
Panama. Your Excellency, further qualifies as funny the view
that because the Award has not yet been executed Costa Rica
must exercise jurisdiction over the territory of Gandoca.

Notwithstanding the profound respect that I have for any
opinion of Your Excellency, I am compelled to state to you that
the expressions cited have filled my Government with great sur-
prise. In fact, Mr. Minister, not only before the Award but
subsequent thereto Costa Rica has been in full possession of the
territory of Gandoca and has exercised command over it, in the
same way that Pattama has done so at Punta Burica. It is true
that the execution of the Award would bring as a result that Costa
Rica would enter into possession of Punta Burica and Panama of
Gandoca; but it is also true that the Award has not been executed
and that so far as it is not executed each country maintains pos-

y "^ * 678 •

session and command of the territory which it is holding and
which in virtue of the Award may have been adjudicated to the
other.

And if the Award has not been carried out, it has only been
from difference of interpretation of its terms, which must be
previously settled in order to be able to judge of its efficacy.
From the beginning Costo Rica has understood it in the form
which Minister Peralta stated it to the Arbitrator and which
Your Excellency has quoted in part. Therefore, my Government
is ready, when it shall be so understood, to deliver the territory
oi Gaiidoca and to take back that of Punta Burica. Both Re-
publics will in the meantime have a proper and legal right to
maintain the possession or de facto line agreed upon as a pro-
visional boundary.

Fourth.

One affirmation contained in the courteous note of Your Excel-
lency, and which my Government cannot allow to pass without
correction, is that "the Government of Panama considers the
Guardia-Pacheco line as the same as the statu quo line."

Your Excellency is well aware that the Pacheco-Guardia
Treaty has no value whatever, since it was not approved by our
two Governments. Consequently, the line that the Plenipoten-
tiaries admitted cannot be held as that of the statu quo, whether
the expression is taken to mean a line in fact or as a legal line.

It cannot be the former, because the line of the possession is
different, since Costa Rica is found to be holding the territory
comprised between Punta Mona and the River Sixola; neither
can it be the second, because Costa Rica is legally entitled to the
territory comprised between Golfito and Punta Burica.

Fifth.

Lastly, Your Excellency asks: Even supposing that the River
Dorados or Culebras may be the Sixola, why should it be the
Yurquin, which is only a tributary of it, the one it was sought to.
designate up to its sources as the line of the statu quo?

I am extremely pleased to respond to the interrogation of
Your Excellency.

67^

Supported in my former citations, I must suppose that Your
Excellency has no further doubt that the River Dorados or Cule-
hras is the same as the Sixola. That point is incontrovertible.
This river being, as it is, the Sixola, the line must follow the
course of the Yurquin. I base this on the following reasons:

1. The River Sixola does not exist as a river that flows from
any Cordillera. This river is formed by the Tarire, the Coen,
the Lari, the Sipurio and the Yurquin, the latter being the near-
est to the coast. The last part of all these waters, collected to-
gether, is what is properly called the River Sixola. Now, then,
as what Costa Rica and Colombia proposed to do was to indicate
a line which should coincide, "in so far as possible with the line
separating the actual possession of Colombia and Costa Rica, so
that upon the determining of the same, the present condition of
things will not be disturbed," as the note of Sefior Suarez frankly
explains, it was not possible to take other waters above, since
there is no River Sixola, but those nearest to the sea, that is to
say, those which are found going up to a mountain and these
waters are no others than those of the Yurquin.

2. Because if this was the idea of both parties,- they could not
have taken any of the other rivers, since Costa Rica having
villages, such as Sipurio and Indian hamlets (Uren\, Coen,
Cabecar, Bribri, Tunsula, etc.) both on the banks of the Sipurio
as well as of the other rivers that form the Sixola, that would
have been contrary to the purposes of both Nations in fixing
their provisional boundaries.

3. Because Costa Rica has exercised and does exercise au-
thority and jurisdiction throughout the region to the North of
the proper River Sixola and to the West of its tributary the Yur-
quin, which runs toward the South-east.

This and no other has always been the understanding of the
line and in conformity to it the possession has been regulated.
Even before the Award was delivered, the well known geographer
Pittier, in notes upon the geography of Costa Rica, published in
the Review Tour du Monde, in 1892, stated as follows :

"The frontier of the statu quo, which may be consid-
ered as imposed by the Government of Bogota, inasmuch
as it lies very far from the boundary that Costa Rica
claims, goes up the River Golfito, a small tributary of

680

Dulce Gulf, thence follows the hills of Las Cruces, be-
tween the basins of the River Coto de Terraba and the
Chiriqui Viejo\, until it reaches the summit of the great
Cordillera, and thence goes down the northern watershed
by the Rivers Yurquin (Zhorquin) and Sixola."
It would be possible for me to further adduce numerous rea-
sons in refutation of the arguments of Your Excellency, relative
to the various points discussed in your note of July 28th last,
which I have the honor to answer; but I consider what I have
stated as quite sufficient to bring to the mind of Your Excellency
the conviction that the Government of Costa Rica notwithstand-
ing the sentiments of cordial friendship which it feels toward that
of Panama, cannot accede to those desires touching the with*
drawal of the Sub-inspection of the Treasury and Military Com-
mand from Guavito.

I will in closing, Mr. Minister, urge upon Your Excellency as
strongly as may be the desirability of reaching as quickly as pos-
sible a definitive accord in regard to the boundary dispute be-
tween our two countries. The very matter that has led to this
correspondence indicates the urgent necessity of closing forever
this chapter of controversies, which my Government ardently de-
sires to avoid, in deference to the good harmony that should ex-
ist between two neighboring peoples, bound by powerful ties of
race, history and friendship.

I am pleased to reiterate to Your Excellency the testimony of
high and distinguished consideration with which I am your very
obedient servant.

R. Fernandez Guardia.

To His Excellency Senor Doctor Don Belisario Porras, Envoy
Extraordinary and Minister Plenipotentiary of Panama.

681

The Minister of Panama to the Secretary of State in the Doc. 46^
Department of Foreign Relations.

Legation of the

Republic of Panama.

No. 73.

San Jose, August 14, 1909.
Mr. Se:cre;tary:

Upon being invested by the Government of Panama with the
high office of Envoy Extraordinary and Minister Plenipotentiary
before the Government of Your Excellency, I was instructed,
among other things, to ascertain what concessions of lands had
been made on the part oi Costa Rica, how and to whom, before
and since the decision of M. Loubet, within the boundaries of
the Award. In Panama, as a matter of fact, there was a vague
rumor of such concessions, and during the first months of my
stay in this capital I became convinced that assuredly many had
been made. I obtained a map of the locality, which was the
object of my examination and I took personally in the Juzgado
de lo Contencioso a note of all the adjudications. As a result of
my investigations I learned that, excepting the Maritime mile,
which has not been sold to anybody, and with exception of cer-
tain parcels of marsh lands, which are not cultivatable, the Gov-
ernment of Your Excellency has conceded or alienated by the
system of favors (sistema de gracias) accorded to the Municipali-
ties for their progress, all the lands on the left bank of the Six-
ola, between that river and the spur of the Cordillera that termi-
nates in Piinta Mona, for one part, and the mouth of said river
and the point on its bank called Cuabre, to the banana enterprise
called "Northern Railway Company," or to the "United Fruit
Company," and to private foreigners and citizens of the country.
• After the date of my investigations, which was about the mid-
dle of May, new lots of lands were denounced in the zone indi-
cated ; but at that time such lots only included eighteen and com-
prized 15,624 hectares, distributed as follows :

Hectares,

1. United Fruit Co 6,000

2. Arnoldo Andre 765

3. Pradilla and Chacon 765

682

4. Arturo Volio Jimenez 800

5. Arturo Volio Jimenez 1,200

6. Pacheco and Rodriguez 975

7. A. Pacheco 300

8. Francisco de P. Gutierrez 1,000

9. Jorge Orozco Casorla 705

10. Guillermo Coronado and M. Saenz 350

11. Fabio Baudrit G 250

3 2. Jorge Orozco Casorla 174

13. J. J. Rodriguez 610

14. Maximo Fernandez A. and Isaac Munoz M 310

15. Federico Tinoco Iglesias 500^

16. Tobias and Isaac Zufiiga M 550

17. S. E. Stewart 200

18. Guillermo Coronado J. and Isaac Zuniga M 170

My Government, having in view my report of these acts, has
instructed me to make to the Government of Your Excellency
the due protest against such sales and concessions of lands. The
cablegram, giving me this order, signed by the Secretary of For-
eign Relations, Don Samuel Lewis, is dated the 10th of the pres-
ent month and reads thus :

"Concessions lands territory in dispute imply acts of
sovereignty that Costa Rica cannot exercise. Protest
them."

In compliance with this order and with the right and law that
my country relies upon in this particular, I come to Your Excel-^
lency with the greatest respect and at the same time with the
greatest regret at having to make hear again, for another act, my
voice of protest, for the purpose of establishing things as they
should be, as far as may be practicable for me and possible for the
rectitude, wisdom and good judgment of Your Excellency.

Before the Loubet Award, to which Costa Rica and Colombia
submitted in advance without any right to further claim or ap-
peal, so as the boundary question be forever ended, it is evident
that the vast territory comprized for one part between the Bscudo
de Vcragnas, River Calobebora and the Chiriqui Viejo, to the
East of Piinta Burica, and on the other Cape Gracias a Dios and
the River Golfito in the Didce Gulf, were, like things that are dis-

683 I

puted, in a state of suspension as regards dominion, and the ter-
ritory was one over which neither of the parties could consider
itself sure of exercising in the future full sovereignty. But after
that decision the situation changed and each party came to know
with certainty what each received in justice by that Award, —
that of which it is undisputably the master now and the territory
to which its control and jurisdiction extends. The decision com-
mences thus :

"The frontier between the Republics of Colombia and
Costa Rica shall be formed by the spur of the Cordillera
that starts from Pimta Mona on the Atlantic Ocean and
closes on the North the valley of the River Tarire in the
River Sixola * * *,"
So that on the Atlantic side Panama is the heir in that part of
Colombia and not Costa Rica; it is the sovereign of the territory,
comprized between the spur of the Cordillera that leaves Punta
Mona, on one side, the coast as far as the mouth of the Sixola,
on the other, and this river, up-stream as far as the point on its
left bank where the adjudication or sales of lands have been
made. Panama is the sovereign there, with all the more reason
because that district was included in the interpretation that His
Excellency, Senor Don M. M. de Peralta, representative of Costa
Rica, gave to the Lou bet Award; so that if my Government had
accepted that interpretation, — which is the least that could be
accorded to it, — the territory adjudicated by Costa Rica to pri-
vate individuals would always belong to my country in full sover-
eignty and proprietorship.

I am bold enough to suggest, — and I beg that Your Excellency
will be pleased to excuse me, — that Costa Rica has proceeded
in making those concessions, deceived doubtless by a sort of
mirage which must have been produced in its mind by the tenancy
or provisional possession it has in that part of the territory. Your
Excellency has communicated to me the theory of Costa Rica
in regard to the statu quo or de facto line, affirming that such
line starts at the mouth of the Sixola and goes up-stream of that
river as far as the intersection of the Yurquin or Zhorquin.
Consequently, it considers that all the territory to the North of
the said river, that is to say, on its left bank, is in the tenancy of
provisional possession of your country; and exercising in it cer-

684

tain acts of sovereignty, such as those of pure conservation, has
insensibly come to imagine that it has a right to exercise all
others.

My Government has instructed me not to accept that statu quo,
— but taking it as certain and valid, the character that Costa Rica
has in the territory above mentioned is that of a sovereign, de
facto, in contraposition to the sovereignty de jure that Panama
has. That is equivalent to saying that the character of Costa
Rica is that of a mere holder or usufructuary of the territory
until the Award is in that respect executecj ; — while that of
Pa}iama is that of a naked proprietor, the true owner of it. As
holder Costa Rica owes the essential duty of conserving the prop-
erty, not destroying it nor ceding it to anybody, but delivering it
over to its successor without committing any act that will impair
the rights of the sovereign de jure or proprietor. It is only for
the latter to ceBe, to sell or to transfer. Dominion comprehends,
among other rights, that of transfer and alienation; and such
right of transfer and alienation comprehends in its turn the power
to modify, to change or even to destroy in whole or in part, as
well as to alienate or turn over to another the whole or a part,
because such rights inhere solely in the proprietorship and not
in a mere tenancy or simple possession.

I have admitted that Costa Rica is in the territory of which
we are treating, in the position of a usufructuary, with a right to
the fruits and the benefits of the territory during the period of
its tenancy, and, therefore, it is not admissible that it can in any
manner sell, adjudicate, destroy or impair the substance of the
usufruct. The civil laws, treating of usufruct, go so far as to
impose upon the usufructuary the obligation of giving bond, if he
abuses or causes a deterioration in the property or allows it to
be destroyed for want of repair. It also imposes upon him the
duty of responding in damages for the injuries caused by his
fault. In international matters, these principles, although less
strict, do not depart from the primal idea of the conservation of
the property. It is a doctrine generally admitted of the law of
nations, that from dominion and command the power emanates to
make laws regarding the acquisition, enjoyment, alienation or
transfer of the properties existing within the territory of the
State. It is also upon these that the law of the State is based,

685

where the property is found, which governs in whatever con-
cerns the sale or transfer of real estate.

Therefore it appears to me as conclusive that Costa Rica has
not been able to act as a sovereign de jure, selling or conceding
lands there where it was in reality only a sovereign de facto, a
simple holder of the territory and mere usufructuary. It would
be such holder and usufructuary even in the case that the said
territory had not been yet adjudicated to Panama by the Loubet
Award, as it has been, according to the interpretation of Costa
Rica, and if on the contrary things would be found in the state
they were before that decision ;-^that is to say, it would be con-
clusive that Costa Rica would not have been able to cede or to
transfer to any corporation or private individual, even under the
extreme supposition that Panama had not yet the title that it has
by a sentence that is unappealable, giving to it full proprietor-
ship.

For the reasons stated, which appear to me incontestable, I
hope that Your Excellency will accept the protest that I make to
the enlightened and just Government of Your Excellency, against
the concessions or sales of lands on the left bank of the Sixold
and in all of the zone comprized between that river and the spur
of the Cordillera that ends in Pmita Mona at the sea and rec-
ognize the right that supports my country in this point.

I beg Your Excellency to believe in the interest I take in ar-
riving as quickly as possible at a definitive accord in relation to
the boundary dispute between our two countries. Such an accord
would be for me the greatest source of pride and satisfaction;
but obedient to the orders of my Government and deeming it of
capital importance in the first place to rectify certain accessory
points in the principal question debated, I am obliged with re-
gret, as Your Excellency will not doubt, to begin with that part
of it.

I have the greatest satisfaction in reiterating to Your Excel-
lency the testimony of my highest and distinguished consideration
and remain your obedient servant.

B^USARIO PORRAS,

E. E. and M. P. of the Republic of Panama.
To His Excellency the Secretary of Foreign Relations.

686

Doc. 467 The Secretary of State in the Department of Foreign Re-
lations to the Minister of Panama.

Department of
Foreign Relations.

Repubuc of Costa Rica.
San Jose, September 22, VM)\).
Mr. Minister:

I have had the honor to receive the courteous note of August
14th last, in which Your Excellency is pleased to communicate to
me that upon investing him with the high office of Envoy Ex-
traordinary and Minister Plenipotentiary in this Republic, the
Government of Panama instructed you, among other things, to
ascertain what concessions of land Costa Rica had made, how
and to what persons, before and after the decision of President
Loubet, within the limits indicated by the Award. Your Excel-
lency states in continuation the results of your laborious investi-
gations in that matter, and thereupon, following the instructions
of your Government, presents to that of my country a protest
against such concessions or sales of lands.

Notwithstanding the reasons upon which that protest is based
appear to Your Excellency incontestable, and with all the respect
due to your opinions, I am under the necessity of stating to you,
much to my regret, that the Government of Costa Rica does not
consider them just.

May I be permitted to commence by observing that all the
argument of Your Excellency starts from an incorrect premise,
which is that after the decision of the President of the French
Republic, "each party came to know with certainty what each re-
ceived in justice by that Award, that of which it is undisputably
the master now and the territory to which its control and juris-
diction extends."

If said Award had been accepted as a whole and without ob-
jection by the parties interested, the prior affirmation would be
proper; but Your Excellency can do no less than agree with me
that the fact is quite different. Costa Rica has not accepted it,
except in a conditional way, and as for that, while there is no
accord with Panama it can be said that there is no Award, both
parties keeping the same position they had prior to the delivery

687

of the decision. And as thiis position can be no other than that
established by the agreed statu quo or de facto Hne, the evident
1 esult is. that Costa Rica exercises complete sovereignty over the
territory situated to the North of the River Sixola and conse-
quently has been able to and can dispose with full right of the
lands situated in that region.

In this respect Your Excellency states that your Government
has instructed you not to accept that statu quo. Besides the sur-
prise caused my Government by this unexpected declaration, as
concerning to an agreement already explicitly accepted by Pana-
ma, in a public and official document, I must express to Your
Excellency that CostO' Rica considers that Panama being the heir
of the rights of Colombia over the territory in dispute, has also
inherited its obligations, and that therefore it cannot repudiate
those obligations without ipso facto renouncing those rights. Re-
lying upon this argument and in deference to the harmony that
should exist between the two countries, the Government of Costa
Rica maintains the entire and unquestionable force of the statu
quo, agreed with Colombia and accepted by Panama.

In order to demonstrate that my Government did not have the
right to make sales and concessions of lands in the disputed ter-
ritory, which is under the dominion of Costa Rica and has been
adjudicated to Panama by the Award, Your Excellency endeavor
to discriminate between the sovereignty de facto, which in your
opinion is all that Costa Rica exercises in the territory, and the
sovereignty de jure, which according to your own view belongs
only to Pornanm. Following this reasoning, Your Excellency con-
siders Costa Rica as a mere holder or usufructuary of the terri-
tory, while the Award remains unexecuted.

The question stated by Your Excellency in this form was fully
debated by my Government and that of the United States of
America in 1906, on account of the claim set up by Mr. H. L.
McConnell, of which Your Excellency is informed.

The Government at Washington sustained at that time the
same theory as Your Excellency, with like or similar arguments.
I cannot, therefore, better respond to the allegations of Your
Excellency than by repeating what Costa Rica then sent to the
United States. That response was, without doubt, considered a
good one then, if we are to judge from the contents of the note

68S

addressed on February 16th of the present year, by Mr. Robert
Bacon, Assistant Secretary of the Department of State, to our
Minister in Washington on Special Mission. I have already had
the pleasure of transmitting to Your Excellency a part of it, on
the 13th of August last past, and now I take pleasure in sending
to you a copy of it.

Sefior Don Luis Anderson, the Secretary of State in the De-
partment of Foreign Affairs of this Republic, stated to the Charge
d'Affairs of the United States, under date of May 26, 1906, as
follows :

"My Government feels that the difference between the
sovereignty de jure and the sovereignty de facto does not
in the present case support the theory that is advanced in
the important despatch of Your Honor. It thinks that
the difference exists, but it is not based on the attributes
that go to make one or the other, but it arises out of their
origin and their cause and from the real title under which
these are exercised. Both the former and the latter afford
authority for the exercise of the same and identical powers
to carry out the acts that sovereignty in general comprizes.
They differ only in that one is made effective by incon-
testable law, with undoubted title, — while the other is the
result of an act that is done with sufficient reasons to
make itself respected by virtue of an effective occupation,
ample in itself to respond before other Nations for the
acts that are performed. The conqueror who by his own
ambition makes himself master of a territory and sub-
jects it to his will, governing it in accordance with his
needs and inclinations, or even the victorious revolutionist
who succeeds sufficiently to make his government re-
spected and maintain order, without doubt exercises a
sovereignty de facto ; so that as regards the character and
scope of their powers they do not differ in any way from
sovereignty de jure. But of Costa Rica and Panama,
exercising their sovereignty animo domini in the disputed
zone in virtue of a legitimate title, as the Arbitral Con-
vention is, it cannot be said that they have only a mere
de facto sovereignty ;— and even if it was, it has already

()89

been seen that it is not in its scope and character of less
efficiency than a sovereignty de jure."

In the same note cited, the Secretary of State, Senor Ander-
son add^: —

"On the other hand, in the view of the undersigned, the
principles which define and regulate private property are
not at all applicable to national sovereignty, in order to
deduce therefrom that whoever is not a definitive sover-
eign cannot alienate. Proprietorship, from the point of
view of public international law, or in other words, the
eminent domain of the sovereign, consists, as Your Honor
well knows, in the power of always maintaining subject
to the authority of the laws a portion of the territory,
with full and ample power of decreeing expropriations
and of transferring by sale or by any other title the lands
comprised within the public domain ; also in that of levy-
ing taxes, and in a word that of doing one and all of
the acts that sovereignty comprises within itself. Pro-
prietorship, thus considered, is surely not transferable
in the present case. No act of Costa Rica which went
to the extent of placing a part of the disputed territory
beyond the reach of the laws of Panama, when that Re-
public, by virtue of the Loubet Award or of pending
treaties, incorporates into itself territory held in whole
or in part by Costa Rica today, for reasons which the De-
partment of State has very well stated, would be either
regular or valid. But adjudications of lands which at
this very day are ruled by our laws, and tomorrow may be
subject without any hindrance to the laws of Panama, con-
stitute acts which if civil will subject them to the property
law, but not if international, where the law which is the
sovereign itself takes on a higher significance, more abso-
lute and transcendent. It is not possible that they are pro-
hibited for whoever holds, governs and administers a sec-
tion of territory.

"The alienation of lands to private parties, which under
civil law constitutes a renunciation or abandonment of

690

dominion, under public law where the dominion has, as
it may be said, a different scope, is clearly an act of ad-
ministration or usufruct; and I assume that it is in this
sense that the Department of State considers Costa
Kica the usufructuary of the territory in controversy with
the Republic of Panama. The method of securing the usu-
fruct of that territory can only be by ceding the lands
which are the subject of private activity, by sale or do-
nation or other means, levying taxes and seeing that the
laws are complied with. These are all acts which do not
harm the eminent domain, the right to make effective
the authority of the legitimate master at any time and
in any form. The substance being saved, as the Ro-
manists say, the act is one of pure usufruct.

**If the question was that of ceding to a foreign country
a part of the territory that may tomorrow be that of Pana-
ma or Costa Rica, if such part were recognized as and de-
clared an independent State, then indeed the sovereignty
would be harmed, it would be an attempt against the emi-
nent domain of that Republic; and the act would be irregu-
lar and void. While it is not so, the act is regular and
valid."

The litigation between the United Fruit Company and the
American Banana Company, of which Mr. McConnell was said to
be the Manager, was determined in the month of October, 1908,
by the Supreme Court of the United States, against the latter.
Among the learned considerations stated by that High Tribunal,
in delivering its opinion, is the following, to which Your Ex-
cellency will permit me to call your special attention :

"The fact, if it be one, that de jure the estate is in
Panama, does not matter in the least ; sovereignty is pure
fact. The fact has been recognized by the United States,
and by the implication of the bill is assented to by Pan-
ama/'

I am pleased to reiterate to Your Excellency the testimony of
my high and very distinguished consideration.

R. Fernande;z Guardia.

6^1

To His Excellency,

Senor Doctor Don Belisario Porras,

Envoy Extraordinar)' and Minister Plenipotentiary of
Panama.

The Secretary of State to Minister Anderson. I>oc 466

Department of State,
Washington, February 2, 1910.

Sir:

I have the honor to inform you that, for several reasons, the
Department of State deemed it advisable not to delay further
the sending of a telegram to our Legation at Panama in refer-
ence to the proposed boundarj^ arbitration of your country with
Panama. Accordingly, the Department telegraphed yesterday,
February 1st, instructing our Charge d' Affaires at Panama to
call the attention of the Government of Panama to the fact
that the Departments telegram to him, of December 7th and
its instruction of December 18th. mad^ it clear that there was
no intention to limit the boundary issue betw^een Costa Rica and
Panama to the mere interpretation of the Loubet award : that
the United States Government thinks, and has said, and ncn^'
repeats that the crucial matter to be submitted to arbitration is
the resf)ective contentions of the two Republics, as to the true
boundary line: that by the foregoing statement of the real issue
this Government merely indicates its friendly opinion and dis-
claims any desire to influence the free agreement of the two
RepuJblics or the course of the proposed arbitration ; that the
responsibility for the arbitration and for the success or failure
of the pending negotiations must rest with the t\%'o Republics.
But that this Government nevertheless deems it proper to say
that in view of all the facts, it has felt some d^;Tee of surprise
upon learning the tenor of the powers of the Special -Minister
of Panama, which are not full powers as designated in certain
passage thereof, but powers restricted to the negotiation of a pro-
tocol founded upon the strict acceptance first and above all by
both countries of the Lx)ubet award, and further hampered, it
seems, by special instruction which limit his freedom and in-
dependence of action? That this Government respectfully but

693

earnestly represents that such are not full powers, are not ade-
quate to the task in hand, and are not equivalent to the unre-
stricted powers of the Special Minister of Costa Rica, and there-
fore should be amplified by telegraph to secure progress in the
negotiations. That this Government further feels that its own
attitude, assumed before the Special Minister of Panama was
accredited, shows that it believed full powers were needed and
were confidently awaited in order to settle the real and broad
question as to the true permanent boundary, and that the un-
availing negotiations with Costa Rica for nearly ten years last
past had made it clear beyond peradventure that this long-stand-
ing controversy cannot be settled by insisting on a mere inter-
pretation of the Lou bet award. That during the said period
Costa Rica has insisted that the Loubet award was void in part
at least on the ground of ultra petit a or impaired or vitiated
by ambiguity and uncertainty, and that this contention was not
in violation of the original agreement of submission which con-
templated an award within the defined limit of the claims and
not technically void f©r uncertainty. That this Government
represents further and suggests that, considering these facts,
the terminal points of the Loubet award should now be finally
agreed to as accepted by both parties, namely, Punta Burica and
Punta Mona, and that the boundary drawn from one to the other
should be submitted and determined without restriction in the
light of the Loubet award as well as in the light of all the alle-
gations, contentions, evidence, and arguments submitted by both
parties. That admitting, as all must do, a moral obligation flow-
ing from the Loubet award, the question submitted by this Gov-
ernment to the Panama Government is whether, considering the
long practical deadlock of this controversy and the past un-
yielding attitude of both Governments, it is not now most im-
portant and indeed necessary to dwell upon and emphasize the
moral and practical importance of peace and good neighborhood
and the amicable settlement of a historic controversy which has
been and this Government feels will evidently continue to be
rendered impossible in case the acceptance of the Loubet award
be insisted upon.

That, finally, this Government feels itself entitled to urge the
importance of a prompt, practical and final settlement of the

693

matter by reason of the large property interests of its citizens
located in the disputed territory, which are unfavorably affected
by the ambiguous and unsettled status of the boundary ques-
tion, and by reason of its guaranty under the treaty of 1903
with Panama of the independence of that Republic, which gives
it the right to know as speedily and definitely as may be the
true boundaries and the exact extent of the territory the inde-
pendence of which it has guaranteed.

Accept, Sir, the renewed assurance of my highest considera-
tion. P. C. Knox.

Senor Don Luis Anderson,
. Minister of Costa Rica on Special Mission.

Conference Between the Ministers of Costa Rica and Doc. 465

Panama;

Washington, February 14, 1910.

Questions put by Dr. Anderson, at the conference be-
tween the Special Minister of Costa Rica, Dr. Luis An-
derson, and the Special Minister of Panama, Dr. Belisa-
rio Porras, at which were also present the Minister of
Panama, Mr. C. C. Arosemena, and, on behalf of the
State Department, Messrs. Dawson, Hoyt and Doyle.

Question 1. Mr. Anderson: In order to make clear the posi-
tion of Panama and Costa Rica regarding this question, I beg
Dr. Porras to reply to the following questions : As soon as the
Arbitral Award of His Excellency President Loubet was made
known to the Government of Costa Rica, this Government has-
tened to make clear to the Arbitrator the way in which it under-
stood such Award. This interpretation of the Arbitral sentence
was communicated to the Governrpent of Colombia in a note of
the Secretary of Foreign Relations of Costa Rica dated the 27th
of July, 1901. This note, due to the civil war of Colombia and
the independence of Panama which followed soon after, was left

694

without an answer. Does the Government of Panama accept the
interpretation given by the Government of Costa Ricaf

By Dr. Porras: Answer: Panama has its interpretation which
is Colombia's interpretation.

Q. 2 : Mr. Anderson : As the Government of Colombia never
has made an official interpretation of the Award, would you
kindly tell me the way in which the Government of Colombia
did interpret or in which the present Government of Pa/iiama
does interpret the sentence?

By Dr. Porras: Answer: Starting from Cape Mona there is
a spur of the mountain which goes to meet the central mountain
range. This spur of the mountain closes on the north the valley
of the Sixola River. The interpretation which Panama give^ to
the Loubet Award is from Cape Mona following the water-shed
of this spur which separates the waters which empty in the
Sixola from those which run toward the north to empty into
the River Bstrella. The line then follows along the central moun-
tain range to near the 9th parallel, and from that point towards
the south to Punta Biirica, along the crest of the mountain range
which separates the waters which go to the Gulf Dulce on one
side and those which go to the River Chiriqni Vie jo on the other,
provided that this line will in no way go beyond Colombia's
maximum claim.

Q. 3 : Dr. Anderson : Can you show on the map what is the
meaning of the line that you have already described?

By Dr. Porras: Answer: No, because Mr. iVnderson's maps,
as he has said, if I (Dr. Porras) am not mistaken, are not cor-
rect and because when I desired to establish the existence of the
mountain spur which starts from Punta Mona in accordance
with the map which has been exhibited here, Mr. Anderson de-
clared that such a spur does not exist, and in the map it is shown.

(Mr. Anderson presents the map drawn by Mr. B. W.
Palmer in which he thinks that such a spur has not been
marked, and calls attention to the fact that this is the
only map that has been made use of in this conference.
If a reference to the inaccuracy of the maps has been
made, it is regarding those old Colombian maps such
as the one of Ponce de Leon and the one of the Panama

695

Canal Company, but 1 (Dr. Anderson) think that the
one of Palmer which I now present is one of the most
accurate and correct that has been drawn of those lands.)

Q. 4 : Mr. Anderson : I beg Dr. Porras, as he has said that
the way in which he interprets the Loubet Award is provided
that it does not go beyond the maximum claim of Colombia, to
say what is that maximum claim of Colombia^

By Dr. Porras : Answer : A straight line drawn from the
mouth of the Golfito River to Cape Gracias a Dios.

Q. 5 : Mr. Anderson : What value does Dr. Porras give, then,
to the demand made before the Arbitrator by the Honorable
Francisco Silvela, the lawyer representing Colombia in the arbi-
tral proceedings?

By Dr. Porras: Answer: The value of an argument of a
lawyer.

Mr. Anderson thinks that the following words of Silvela,

"By reason of the above, the Republic of Colombia
formally rejects the pretensions of Costa Rica, and claims
through the high impartiality of the Arbitrator that he
shall fix the frontier line as follows: etc."

could not be considered as an argument but as mere demand to
substitute and remedy the vagueness of the Convention of Paris.

Q. 6 : Mr. Anderson : Will Dr. Porras please say if the line
that follows the ridge of the mountains from the 9th degree
about to Punta Burica is accepted by Colombia as the true mean-
ing of the Award, to which Costa Rica agrees there is no question
regarding that portion of the territory?

By Dr. Porras : Answer : That from Costa Ricas Representa-
tive's interpretation in Paris, nine days after having been noti-
fied of the Award, Panama accepts not only the part of the line
Mr. Anderson has described, but also that part of the line which,
starting from Punta Mona, follows the spur of the mountain to
a point on that line of the Loubet Award, and that Panama ac-
cepts those two parts of the Hne because they are in accord with
its own interpretation and also the Loubet Award.

Q. 7 : To this Dr. Anderson replies that the interpretation that

696

was submitted by Costa Rica to the Arbitrator was the expres-
sion of the sacrifice that Costa Rica was ready to make in order
to bring an end to the question, decHning to make any claim
against the Award. Does Minister Porras accept, in behalf of
his Government, such interpretation in the whole?

By Dr. Porras : Answer : No.

Q. 8 : Dr. Anderson : What does Dr. Porras propose in order to
bring about a settlement of the question?

By Dr. Porras : Answer : Dr. Porras has had the honor to
address the State Department stating that, in a very short time, he
will be ready to make a proposal regarding this matter which
he hopes will be acceptable to the Minister of Costa Rica.

Doc. 470 The Minister of Panama on Special Mission to the Secre-
tary of State.

(Copy J.) Legation of Panama,

Washington, February 20, 1910.
Your ExceivLEncy :

Referring to the various conferences which I have had with
Your Excellency and with the Special Minister of Costa Rica
concerning the proposed arbitration of the differences between the
two countries respecting the boundary between them, under the
friendly auspices of Your Excellency's Government, I regret
that any disagreement should have arisen between Panama and
Costa Rica.

As I have already informed Your Excellency, my Government
is constitutionally unable, even were it disposed to consent to
the annulment of the Loubet Award and the resubmission of
the whole question to a new arbitrator. Such a course would,
moreover, be productive of no practical result since the condi-
tions, which compelled President Loubet to describe the bound-
ary in terms so general as to have given rise to the differences
which followed it, would make it equally impossible for any
other arbitrator to be more precise and definite.

The result of a second arbitration of the whole question, were
it possible, must necessarily be to give rise to new discussions
of exactly the same character as those which have arisen under

697

the Loubet Award, and differing from them only in the name
of the arbitrator whose award is discussed.

In order that it should be possible to ascertain definitely the
boundary line, there must be a survey and examination of the
line and the territory through which it runs, made authorita-
tively by engineers commissioned for that purpose, the result of
whose labors will leave no room for doubt as to the topography
of the country or the true course of the boundary line.

Such a commission of delimitation, fixing and marking the
boundary as they proceeded, and thus every possible question
arising upon the subject would be finally, authoritatively and
conclusively determined at one and the same time.

With a view of this end, and with the sincere desire of reach-
ing an amicable settlement of the subject, and of showing by
every means in its power its warm appreciation of the media-
tion of Your Excellency's Government, my Government has au-
thorized me to propose the following method of procedure :

A commission shall be appointed of four engineers, one to be
named by the President of the Republic of Panama, one by the
President of the Republic of Costa Rica, and the other two by the
President of the United States. The latter two shall be citi-
zens and residents of the United States, civil engineers in private
practice and in every respect independent and impartial and
without personal interest as respects either the Republic of
Panama or Costa Rica, or any affair in either of said countries.

These four engineers shall proceed, by actual survey upon
the ground, to lay out and mark the boundary line between the
two Republics in accordance with the Loubet Award, and bear-
ing in mind the limitation of that Award expressed in the letter
of M. Delcasse to Senor Peralta, Minister of Costa Rica at Paris,
of November 23, 1900, that this boundary line must be drawn
within the confines of the territory in dispute as determined
by the Convention of Paris between the Republic of Colombia
and the Republic of Costa Rica of January 20, 1886.

Should the commission be unable to agree upon the true loca-
tion of any portion of said line, or should either the Republic of
Panama or the Republic of Costa Rica be dissatisfied with the
decision of said commission with respect to the location of any
part of said line, the questions thus prising shall be submitted

698

to the Chief Justice of the Supreme Court of the United States,
who shall decide, as final arbitrator, the true location of such
part of said line under and in accordance with terms of the Lou-
bet Award. In any case of such inability of the commission of
engineers to fix any part of said line, or dissatisfaction of either
of the Republics with any part of the line as located by said
commission, the commission shall prepare a full and accurate
map from their own original independent surveys of the entire
region through which that portion of said line in question runs,
which shall be submitted to said arbitrator, with their report
and the questions arisen thereon, for his decision, and in every
such case, the line as finally fixed by said arbitrator shall be
deemed the true line, and his determination of the same shall
be final, conclusive and without appeal, and .the Commission
should proceed to make the line in accordance therewith.

The expenses of such arbitration shall be borne by the two
Republics equally.

Your Excellency will observe that an acceptance of this propo-
sition by the Republic of Costa Rica will lead to a speedy ^and
absolute termination of all differences between the two Re-
publics concerning the boundary between them. It will make
impossible any further question as to the location of that line, and,
if the Commission be authorized to mark the line as so de-
termined by suitable monuments, will obviate even the necessity
of a new commission of delimitation.

The proposition, in fact, differs from the proposition made by
Sefior Pacheco, then Secretary of Foreign Affairs of Costa Rica,
by his letter of July 27, 1901, to Sefior Marroquin, then Minister
of Colombia to Costa Rica, only in that Sefior Pacheco proposed
that an interpretation of the Award should precede the delimi-
tation, while under this proposal the delimitation and arbitra-
tion proceed together and the arbitration will be based upon an
accurate knowledge of the geographical facts involved, which
knowledge is essential to an accurate judgment by the arbitrator
of the points which may arise.

It is obvious that in the absence of this definite information
no arbitrator could decide any such points. The same difficulty
which made it impossible for President Loubet to define the line
so exactly as to avoid dispute would make it equally impossible

69f

for the new arbitrator to do so. But by the proceeding sug-
gested, the new arbitrator will have before him all the data which
can be required, and will be able to interpret the award of Presi-
dent Loubet with full knowledge of the actual situation.

It is, therefore, the logical, reasonable and proper course that
the survey of the line and the country through which it runs
should precede the arbitration, and this modification of the
former proposal of Costa Rica involves no essential change, but
only a useful and necessary modification of the procedure by
which the results contemplated by that proposal shall be attained.

My Government is confident that in this way the amicable set-
tlement of all differences between the Republics of Panama and
Costa Rica, which it is no less desirous than is Your Excellency's
Government to attain, may be reached in an equitable, reasonable
and honorable way, and it trusts that its proposition may meet
with approval of Your Excellency's Government and with that
of Costa Rica.

Accept, Mr. Secretary, the renewed assurances of my highest
consideration.

Belisario Porras.
Hon. P. C. Knox,

Washington, D. C.

Plan of Arrangement suggested by the Secretary of State j^^^ -^
of the United States, March 1, 1910.

Identic memorandum, handed to Sefior Don Luis Ander-
son, Envoy Extraordinary and Minister Plenipotentiary of Costa
Rica on Special Mission, and Dr. Belisario Porras, Envoy Extra-
ordinary and Minister Plenipotentiary of Panama on Special
Mission, at the conference held at the Department of State, on
March 1, 19:^0, at three P. M.

The Secretary of State has given the most studious attention
to the respective attitudes of the Governments of Costa Rica
and of Panama, as revealed by a long correspondence and as

700

finally crystallized in the specific proposals received respectively
on February 2nd and February 25, supplemented by the very
important statements made orally at the conference of the 25th
and 26th ultimo.

The Secretary of State is well aware of the desires of Costa
Rica, that the proposed arbitration shall be as broad as possible.
He is equally sensible of the considerations which impel the
Government of Panama to insist upon the Loubet Award as a
basis for the definitive determination of the boundary. It was a
source of great satisfaction to take note of the fact that both
parties are in practical agreement as to the boundary line from
the Pacific Ocean to a point beyond Cerro Pando on the Central
Cordillera. The fact that difficulties to overcome are thus con-
fined to the determination of the line thence to the Atlantic,
caused the Secretary of State to entertain the gratifying hope
that, in view of the conciliatory and candid spirit animating the
two Governments, it would surely be a matter of no great diffi-
culty to reach a satisfactory solution.

Animated by this hope and in response to the desire of both
Governments that the United States should lend its good offices
in connection with the proposed arbitration, the Secretary of
State has arrived at a theory which, in his judgment, should
form a basis substantially satisfactory and entirely considerate
of the respective contentions.

The Secretary of State, therefore, suggests that the compromis
stipulate the acceptance of the line to the extent above mentioned,
as free from doubt, and, continuing, state the question to be ar-
bitrated as the following:

"What is the boundary between the Republics of Costa
Rica and Panama under and most in accordance with the
true interpretation and correct intention of the Loubet
Award, in the light of all the historical, geographical,
topographical and other facts and circumstances surround-
ing it, as well as under the established principles of inter-
national law."

The Secretary of State also deems it important, in the interest
of justice and for the avoidance of future disputes, that the arbi-

701

tration convention contain some such stipulation as the following :

"All valid titles to land or other valid rights of property
in the disputed territory, granted or created by either Re-
public, or by the Republic of Colombia, either before or
after the rendition of the Loubet Award, shall be recog-
nized and protected in case the result of this arbitration
shall be to transfer the locus of such titles and rights and
the sovereignty over the same from the Republic grant-
ing or creating the same to the other Repubhc."

As to the very interesting and able suggestion of the Panama
Government, that the question should be solved by a joint sur-
veying and arbitrating commission, which should refer to the
actual arbitrator all questions of difference between them or be-
tween their respective Governments, the Secretary of State has
given to this proposal the sympathetic analysis which its impor-
tance made appropriate, bearing in mind, however, the fact that
the arbitrator would naturally call for a survey in all cases when
he found a necessity for more precise topographical informa-
tion, the Secretary of State has deemed more practical that the
arbitrator should proceed and himself call for all data which
he might find relevant to the question before him, and that, an-
ticipating this possibility, the protocol should instead contain a
provision whereby the two Governments would agree to share
the expense of a surveying commission appointed by the arbi-
trator, if the latter should require such survey at any stage of
his consideration of the question.
Department of State,

Washington, March 1, 1910.
2491—123.

702

Doc. 472 The Minister of Costa Rica on Special Mission to Secre-
tary of State.

Washington, D. C, March 14, 1910.
Mr. Secretary:

As I have already had the honor of verbally saying to Your
Excellency, my Government received with satisfaction the very
timely suggestions set out by Your Excellency in the identic
memorandum, delivered on March 1st, to the undersigned and to
Honorable Dr. Porras, Minister on Special Mission of Panama.
My Government considered that a protocol of submission, in
which the clauses indicated by Your Excellency should be solely
and simply included, was a sure means of justly and honorably
settling the differences concerning the boundary between Costa-
Rica and Panama, although such a protocol could not take into
account, in their entirety, the claims of Costa Rica. Panama,
however, saw fit to make some observations concerning said
memorandum, which, having been considered by the Depart-
ment of State, and discussed at various conferences with the
representatives of that Republic and the undersigned, gave rise
to a draft convention, which, after it had been examined and
fully modified on Friday last, at the request of the representa-
tive of Panama, was presented to the final consideration of both
Republics by the Assistant Secretary of State, the Honorable
Huntington Wilson, at the conference held on Saturday, the
12th instant, with the favorable recommendation of the De-
partment of State.

Anxious as my Government is of terminating this ancient
controversy and constantly desirous to show to Your Excellency
in the most obvious manner the high appreciation in which it
holds your timely and impartial mediation ; no less than its
profound gratitude for this service, also accepted the draft of
the protocol, such as was agreed to in the conference of Friday
and presented by the Assistant Secretary of State at the con-
ference on the day following.

If, contrary to what is to be hoped, the representatives of
Panama desire still to make new changes in the draft protocol,
my Government would find itself compelled to believe that the
sister Republic of Panama does not desire to enter into an agree-

703

ment to which with such good will and impartial spirit Costa
Rica invited it in deference to their reciprocal interests and the
friendship which at all times has united the Costa Ricans and
the Panamans. In such case my Government will have, as an
inevitable necessity, to insist upon the objections which exist
against the Loubet Award, and which beyond all doubt vitiate its
binding force.

I ask Your Excellency once more to be pleased to accept the
expression of my most distinguished consideration.

Luis Anderson.
The Honorable

Philander C. Knox,

The Secretary of State.

Arbitration Treaty Between Costa Rica and Panama.

Washington, March 17, 1910.
The Republic oi Costa Rica and the Republic of Panama, in
view of the friendly mediation of the Government of the United
States of America, and prompted by the desire to adjust in an
adequate manner their differences on account of their boundary
line, have appointed Plenipotentiaries as follows:

Costa Rica, His Excellency Senor Licenciado Don Luis
Anderson, Envoy Extraordinary and Minister Plen-
ipotentiary on Special Mission,

Panama, His Excellency Senor Dr. Don Belisario Por-
ras, Envoy Extraordinary and Minister Plenipo-
tentiary on Special Mission,

who, after having communicated their respective full powers,
and found them to be in good and due form, have agreed upon
the following:

CONVENTION.

Article I.

The Republic of Costa Rica and the Republic of Panama,
although they consider that the boundary between their respec-

Doc 473

7Q4

tive territories designated by the Arbitral Award of His Ex-
cellency the President of the Republic of France the 11th of
September, 1900, is clear and indisputable in the region of the
Pacific from Punta Burica to a point beyond Cerro Pando on
the Central Cordillera near the ninth degree of North latitude,
have not been able to reach an agreement in respect to the in-
terpretation which ought to be given to the Arbitral Award
as to the rest of the boundary line ; and for the purpose of set-
tling their said disagreements agree to submit to the decision of
the Honorable the Chief Justice of the United States, who will
determine, in the capicity of Arbitrator, the question : What is
the boundary between Costa Rica and Panama under and most
in accordance with the correct interpretation and true inten-
tion of the Award of the President of the Republic of France
made the 11th of September, 1900.

In order to decide this the Arbitrator will take into account
all the facts, circumstances, and considerations which may have
a bearing upon the case, as well as the limitation of the Loubet
Award expressed in the letter of His Excellency Monsieur Del-
casse. Minister of Foreign Relations of France, to His Excel-
lency Senor Peralta, Minister of Costa Rica in Paris, of Novem-,
ber 23, 1900, that this boundary line must be drawn within the
confines of the territory in dispute as determined by the Con-
vention of Paris between the Republic of Costa Rica and the Re-
pubHc of Colombia of January 20, 1886.

Artici.e: n.

li the case shall arise for making a survey of the territory,
either because the Arbitrator shall deem it advisable or because
either of the High Contracting Parties shall ask for a survey (in
either of which cases it shall be made), it shall be conducted
in the manner which the Arbitrator shall determine upon, and
by a commission of four engineers, one of whom shall be named
by the President of Costa Rica, a second by the President of
Panama, and the two others by the Arbitrator. The persons
selected by the 'Arbitrator shall be civil engineers in private prac-
tice, in every respect independent and impartial, and without

70S

personal interest of any kind as respects either Costa Rica or
Panama, and not citizens of either of said countries.

Said Commission shall make detailed reports, with maps of
the territory covered by their survey or surveys, vi^hich reports
and maps, v^ith the data relating thereto, shall be returned to the
Arbitrator and copies thereof shall be communicated to the High
Contracting Parties.

Article. III.

If, by virtue of the award of the Arbitrator, any portion of
the territory now administered by either of the High Contract-
ing Parties shall pass to the jurisdiction and sovereignty of the
other, the titles to lands or other real property rights in said
region granted by the Government of the former, prior to the
date of this Convention, shall be recognized and protected just
as if they had issued from the other of them.

Article IV.

One month after the ratifications of this Convention are ex-
changed, the representatives of the two governments, or of either
of them, shall make request of the Chief Justice to accept the
position of Arbitrator.

Within four months from the date when the Chief Justice shall
communicate to the signatory Governments, through their re-
spective Legations in Washington, his willingness to accept the
position of Arbitrator, each said Government through its rep-
resentative shall present to the Arbitrator a complete exposi-
tion of the question and of its pretentions, together with the
documents, allegations and proofs upon which it rests them.

If any survey shall be directed, as provided in Article II, said
period of four months shall begin from the delivery to the Ar-
bitrator and to the High Contracting Parties of the reports,
maps and data of the Commission of Survey herein before pro-
vided for.

Within the period of six months after the Arbitrator shall so
communicate the same, answers thereto shall be made, and such
answers shall be limited to the subjects treated of in the allega-

706

tions of the opposite party. The Arbitrator may, in his discre-
tion, extend any of the foregoing periods.

The cases and the proofs sustaining the same shall be pre-
sented in duplicate and the Arbitrator shall deliver a copy to the
representative of each Government.

Should the High Contracting Parties be unable to produce
original documents, they may submit authenticated copies of
same.

Article V.

The Chief Justice shall make his decision within three months
following the closing of the arguments.

Article VI.

The compensation and expenses of the Arbitrator, including
the expenses of any survey and delimitation which may be made,
shall be equally borne by the High Contracting Parties.

Article VH.

The Award, whatever it be, shall be held as a perfect and com-
pulsory Treaty between the High Contracting Parties. Both
High Contracting Parties bind themselves to the faithful execu-
tion of the Award and waive all claims against it.

The boundary line between the two Republics as finally fixed
by the Arbitrator shall be deemed the true line, and his deter-
mination of the same shall be final, conclusive and without ap-
peal.

Thereupon a Commission of Delimitation shall be constituted
in the same manner as provided in Article H with respect to
the Commission of Survey, and shall immediately thereafter
proceed to mark and delimitate the boundary line, permanently,
in accordance with such decision of the Arbitrator. Such Com-
mission of Delimitation shall act under the direction of the Ar-
bitrator, who shall settle and determine any dispute as to the same.

707

Article VIII.

The present Convention shall be submitted for the approval
of the respective Congresses of the Republics of Costa Rica and
jt^anama, and ratihcations shall be exchanged in the City of Wash-
ington as soon as possible.

In wiTwiiSS WHERiiOF the respective Plenipotentiaries have
signed tne present Convention in duplicate, and have thereunto
attixed their seals.

Done at Washington the seventeenth day of March, A. D.,
one thousand nine hundred and ten.

(I., s.) Luis Anderson.

(I.. S.) BEWSARIO PO'RRAS.

709

ADDENDA Doc. 474

Royal Order Concerning the Settlement of the Coast of

Mosquitos.

■ San Lore:nzo, November 30, 1803.i
Most Exceli.e:nt Sir : ^

The King according to what Your Excellency states as suitable
in your letter of October 22, ultimo — has been pleased to ap-
prove that the undertaking for the settlement of the Coas^ of
Mosquitos shall be helped with the grant of freedom of trade
with our colonies, freed from any import or export tax and also
with the grant that the settlers shall be free from paying the
tithe upon their harvests for twenty years, and that after the
lapse of this time they shall have to pay only a half tithe. And I
communicate the foregoing to Your Excellency by Royal Order
for your understanding and compliance.

May God guard Your Excellency many years.

Jose Antonio Caballero.

To the Viceroy of Santa Fe.

Statement Made to the Cortes by Don Jose Joaquin

Ortiz, Deputy for Panama. Doc. 475

Cadiz, April 28, I8I2.1

That important Isthmus (the Isthmus of Panama) has, from
the village of Chepo, which borders on the country of the wild
Indiang of Darien, as far as the village of Boqueron, in the juris-
diction of Chiriqui, which borders upon the Kingdom of Guate-
mala, a length of 118 leagues, and its width from North to South
varies from 50 to 12 leagues. But in the said province are to be
found all the principal fruits and products of rich America,
among them being pearls and the famous purple of ancient Lydia,
which is taken from the shellfish known as Mu^rice and Buci-
num, and from which is dyed a large portion of the cotton thread,
called caracol, that is consumed in the Kingdom of Guatemala
and othes localities, etc.

* Peralta, Limites de Costa Rica y Colombia, p. 191.
' Diario de Cortes, t. XIII, p. 143.

710

Doc. 476 Political Territorial Division of Costa Rica and Nicaragua,
According to the Plan of the Provincial Deputation
Addressed to the Ministry of Beyond the Seas.

Leon de Nicaragua, December 13, 1820.^

Exq^LLENCY:

This Provincial Deputation, complying with the Royal Orders
of August 4, 1813, February 2 and April 19, 1814, have pre-
pared the annexed explanatory plan, No. 1, having in view the
division of the territory for the appointment of political chiefs,
and considering the localities and the distribution of the inhabi-
tants over this vast country.

No. 2 contains the details of the salaries allowed to the su-
perior political chief and the subalterns, to the Deputies in the
Cortes and the secretaries and employees, according and as it was
provided by the aforesaid Royal Orders.

This body is convinced that the allowances made are very
moderate, well knowing the economy that is requisite on account
of the exhausted condition of the public treasury, but with a firm
belief that a larger amount will be obtained under the good and
intelligent management 'the present order iassures and the no-
torious lack of which has caused the sad decadence which has
been experienced and concerning which the Intendant has in-
formed His Majesty.

Under date of the 18th of last month Your Excellency was
advised of the lack of municipal funds in that province and the
serious considerations restraining our desires as regards the
important and principal point of the means to be employed and
the funds necessary to provide for the indispensable expenses of
the new institutions. Upon that date we proposed to cover them
for the moment with funds from the public treasury, which can

^ General Archives of the Indies. Shelf 100. Compartment 6. Bundle
15. Peralta — Costa Rica y Costa Rica de Mosquitos, p. 543.

rii

'easily support that short surcharge which is shown in the state-
ment herewith, the result oi which has been less than the twenty
thousand pesos therein indicated, because the political salaries
amounting to 17,960 pesos and the 6,000 for the learned judges,
it represents a charge of 23,960 pesos, but deducting in favor the
7,600 pesos to which the salaries of the Governor and Assessor
of that province and the Province of Costa Rica amount, it leaves
a result net of 18,360, from which there is still further to be de-
ducted the saving that will be made in the compensation for the
sub-delegates whose functions cease.

However, being convinced of the need of augmenting the funds
of the treasury, we suggest in that delicate matter the continua-
tion of the increased duty called reemplazo (substitute), the ob-
ject of which seems to have lapsed, and it could be collected tem-
porarily, as an expedient, until the system of the Treasury was
formed and consolidated.

This deputation is persuaded that it is indispensable to take
some progressive action in the constitutional establishment which
suffers the greatest embarrassment for the lack of the proper
authorities, officials, seriously affecting the social order. It has
the satisfaction that it was understood by the Ministry in the
Royal Order of February 2, in which it was provided that with-
out loss of time the appointments should be made, with the cor-
resp>onding allowances, we having refrained as far as possible
from taking any steps which might perhaps appear hasty and at
the same time affecting the financial system of this province,
which has been unsettled by the abolition of what was called the
superior board of the Royal Treasury and the duties of which
not having been performed or provided for have left the In-
tendant in the greatest uncertainty as to those that contest them.

We rejoice that our labors merited the approval of His
Majesty and we hope that under the auspices of Your Excellency
indulgence may be granted consistent with the good intention
which has inspired them, this body being interested in the mo<it
prompt action, and most earnestly begging that in the first ap-
pointment of new officials not the least thing be omitted, to the
end that persons be found of prudence, learning, disinterested-

712

ness and morality, qualities which are always desirable and in this
undertaking are imperative.

May God guard Your Excellency many years.

Leon de Nicaragua, December 13, 1820.

MiGUEiv Gonzalez Saravia.

JoAQ. Arechavala.

Manukl Lopez.

Domingo Galarza.

Pedro Solis.

Juan Francisco Aguilar, Secretary.

To His Excellency the Secretary of State and of the Depart-
ment of Government Beyond the Seas.

■ No. 1.

Explanatory statement of the distribution prepared by the
Honorable Provincial Delegation of Leon de Nicaragua and
Costa Rica, dividing the territory into subordinate political dis-
tricts and those which shall be continued, the first alcalde ap-
pointed reassuming the duties, according to the tenor of Art.
19, Chap. 1, and others of the Law of June 26, 1813, prepared
in execution of the Royal Order of August 4, 1813.

Central or Capital District, under the immediate charge of the
Superior Political Chief.

Inhabitants.

City of Leon 27,108

Subtiava 5,223

Nagarote and Pueblo Nuevo. ...... 1,008

Villa del Sanse and Santa Rosa. 1,089

Somotillo and Villa Nueva de Navia. .............. 3,010

Matiare 74

Villa de Managua 6,990

San Pedro Metapa • . . 4,792

. Total 49,294

713

District of Realejo, in charge of a subordinate political chief.

Vie jo 3,253

Chmcmdega 4,975

Realejo 296

Talica and Quesalguague 996

Posoltega, Posoltega and Chichigalpa . 1,544

Total 11,064

District of Nicoya, in charge of a subordinate political chief.

Nicoya 2,553

Villas of Guanacaste and Santa Cruz 906

Total 3,459

District of Granada, in charge of a subordinate political chief.

City of Granada 10,233

Town of Masaya 7,903

Dirid and Diriomo . . . t 1,903

Niquinohomo and Santa Catarina and San Juan 2,575

Nandaine 1,244

Masatepe, Nandasmo and Valley of San Marcos 4,487

Xinotega, Diriamba and Santa Teresa 3,167

Nindiri 1,408

Town of Tipitarpa 1,211

Teospete 3,800

Towns of Acoyapa, Lohago, Lobiguisca and Juigalpa. . . . 2,455

Total 40,386

District of Nicaragua, its chief town.

Town of Ri77as de Nicaragua 13,025

Village of San Jorge _ 3,053

Island of Omotepe with its three colonies 2,300

Total.' 18,378

^ 714

The Fort of San Carlos is an isolated military post, constructed
to defend the entrance of the great lake by the river and port of
San Juan, which has no other colony. It is under the command
of a military commandant and it should so continue for the
present.

District of New Segovia, in charge of a subordinate political

chief.

Inhabitants.
Tepesomoto • 3,200

Ocotal, Ciudad Vieja inocente, Jalapa and Xicaro 2,000

Tologalpa, Jalaguina and Palacagua 3,000

Telpaneca,, Condega, Pueblo Nuevo and Bsteli 2,000

Matagalpa, Village of Santisima Trinidad, city of Sebaco,

Muymuy, San Ramon, Camsapa, and Conmlapa 12,000

Xinotega and Boaco 5,000

Total 27,200

District of Costa Rica, in charge of a subordinate political chief.

City of Cartago 8,714

Villa Vieja 8,730

City of San Jose of Valle Hermoso 11,136

Alajuela, Tres Rios and Bscasu 6,050

Town of Las Canas and Bagases 1,194

Barba, Currdavad, Pueblo Nuevo, Boruca and Aserri. . . . 1,713

Ujarrds, Orosi, Cot, Quircot and Orosi 1,937

Villa of Bsparza, Atirro, Tucurrique and Matina. . . 200

Total 38,674

Notes.

1. Before the establishment of the Constitution the political
and judicial departments were united in the manner following:
the Province of* Costa Rica, which includes the population above
stated, under a military and political Governor, independent of
the one in this province, except as to finances ; the one here being

■ 715

Intendant and the one in Costa Rica his sub-delegate, according
to Art. 1, of the Royal Ordinances of December 4, 1786.

2. The Governor of Leon had a special territory of the capital.
The old municipal councils of Granada and Nicaragua each had
the territory of which it was the headquarters, and the rest of
the province was divided into districts with sub-delegates for the
four branches, Subtiava, Realejo (or Vie jo, which is the new
headquarters). New Segovia, Matagalpa, Masaya and Nicoya.

3. In the political distribution shown in the table it was sought
to conciliate the localities and the population, diminishing as far
as possible the number of political chiefs, notwithstanding the
extent of the territory and the irregular dissemination of the
settlements, quite disproportionate to the large area they occupy,
presents serious difficulties, the division of districts which is
suggested being regular, although the territory under the com-
mand of Leon has some settlements which are more than fifty
leagues away and for which it is necessary to traverse other
jurisdictions, in crossing which the populous settlements of
Indians of Subtiava are brought into such contact with this capital
as to form the base of an almost exact right-angled parallelogram
for this settlement, separated by nothing more than a regular way
that runs straight from North to South.

4. The very limited district which is proposed in Nicoya is the
same as embraced by its present sub-delegation, and it is neces-
sary for the following reasons: that territory runs from East to
West for more than 50 leagues, shut in on the North by an im-
passible mountain and uninhabitable for the whole right bank of
the River San Juan^, without going beyond it, and upon the South
by the sea of that name. It is separated from the Province of
Costa Rica on the East by the River Salto and the great mountain
of Aguacate. Its exit on the West is necessarily by the desert
shores of the sea, with great rivers which are impassible during
the greater part of the year, or crossing the northern mountain
going into Nicaragua. This mountain presents more dangers
than known anywhere else in these countries. Nicoya is distant
from the town of Rivas de Nicaragua sixty leagues, and from
Cartago, the capital of Costa Rica, one hundred and nine leagues.
The whole of the district of Nicoya is made up of plains for the
pasture of cattle, over which are scattered its very scant popula-

716

tion, needing an immediate control even for the material trans-
action of business and bringing into the settlements those people
who come very rarely to the villages but live in a state of
degradation that is lamentable. For these reasons a subordinate
political chief is suggested, with a meagre allowance, proportion-
ate to the territory.

5. The district of the town of Rivas de Nicaragua has a
greater number of inhabitants than appear by the poll-lists and
the settlements known under the name of Poton, Obraje, San
Jose, Tola and Zopotal, which in due time will seek for the
establishment of municipal councils, under the constitution and
the laws pursuant thereto.

6. The Fort of San Carlos, as well as the River and the open
port of San Juan,, should remain for the present as they are and
as stated in the explanatory statement. This vast and fertile
province without doubt owes its prosperity and its greatness to
this port and river, and this body at the proper time will give
its opinion as to the particular plan relating to this important
subject as soon as the very urgent work in which it is occupied
is terminated.

Provincial Deputation of Leon de Nicaragua.
December 13, 1820.

Saravia.

Arechavala.

Galarza.
-r Lopez.

SoLis.

Juan Francisco Aguilar, Secretary.

No. 2.

Statement of the allowances for annual salaries to the superior
and subordinate poitical chiefs, the secretary's office of the
former and of the Provincial Delegation, fees and assistance to
the deputies to the Cortes who are to represent these provinces.
All are prepared by this Provincial Deputation in pursuance of
the Royal Orders by the Ministry of the Government of Beyond
the Seas, dated August 4, 1813, February 2 and April 19, 1814, in
accordance with which His Majesty is advised.

717

Pesos.

To the Superior Political Chief, per annum 4,000

His secretarial office.

1 Secretary, annually 600

1 Chief Official. 360

1 clerk 200

The expense of the secretary's office cannot be calculated
exactly, but they are burdensome to the chief who is not credited
with them nor compensated therefor.

1 subordinate Political Chief of Costa Rica 1,200

1 id. of Granada . 1,200

1 id. Rcalejo 800

1 id. Segovia , 800

1- id. Nicoya 400

One Deputy to the Cortes for this province, with an al-
lowance, of 3,000, specified for account of the journey
of the junta preparatoria of Guatemala and which is
settled, this charge being made for two years of the
Deputation, results in each year 1,500

For the fees of the same during the two years of the Depu-
tation, the fees being specified by the Cortes at 110
reales vellon daily, amounts to 40,150 reales vellon,
making 2,007^ pesos; but if said amount is to be paid
in the Peninsula there must be added the cost of remit-
tance, which is considerable, beside the risk; and if the
payment is made here for the party interested, so that his
fees will be equal to those of the others, it will be indis-
pensable to increase them. It is urgent this matter be
settled and there is also doubt as to whether the fees
should be considered for only the legislative months or
during the whole year. This dilemma and the necessity
for supporting the Deputy, who cannot while he is under
commission return to his industrial pursuits, has decided
this body to allow a regular annual appropriation for as-
sistance for the journey of 2,000 pesos annually 2,000

718

One Deputy to the Cortes for the Province of Costa Rica,

on account of his journey the same as above 1,500

idem on account of fees, like the above 2,000

Provincial Deputation.

1 Secretary, per annum 800

1 Chief Official 400

1 Ckrk 200

17,960

The minor office expenses which cannot be estimated now, for
lack of data, although they may be calculated at a moderate sum,
including paper, pens, ink, etc.

Notes.

1. The present military and political Governor and Intendant
of this province only receives a salary of 3,500 pesos, per annum,
a notable reduction from the amount received by the other three
Intendancies of the Captaincy-General of Guatemala, where the
salary is 4,000 pesos, even in the poor one of Ciudad Real de
Chiapa and that of San Salvctdor, which does not have the mili-
tary part, no port on the sea, nor the surcharge of the revenue
of tenths, which is managed by the board of Guatemala^, to which
archbishopric all their territory belongs without having any sub-
ordinate allowed for their secretaryship.

2. The political command of the Province of Costa Rica has
been united to the military, with the title of Governor, receiving
now a salary of 2,600 pesos annually.

8. This Deputation submits the foregoing for the opinion of
the superior authorities, as illustrative of the matter, showing
that it has adopted the lowest amounts in the appropriations on
account of the economy required by the poverty of the treasury,
and when the situation improves they ought to be increased, for
if good employees are desired they must be properly paid.

4. The sub-delegates who are to cease, having perforrned per-
sonal services, now prohibited, took their salaries from the

719

juzgados dc actuacion, a certain percentage of the collection of
taxes and perquisites in some special branches, without these
savings going into the public funds but only from taxes receivea
integrally in the treasury.

Leon dc Nicaragua, December 13, 1820.

Saravia.

Arechavai^a.

Galarza.

L6pe:z.

Sous.

Juan Franco. Aguii^ar, Secretary.

Report of Don Marcial Zebadua, Minister of Foreign Re- dqc. 477
lations of Central America, to the Congress of that
Country.

Guatemala, March 5, 1825.

In the periodicals of the Republic of Colombia a decree by its
Government has been published, issued on July 5th last, in
which, referring to the news that some foreigners are planning to
locate establishments in the territory called Poydis, upon the Mos-
quito Coast, and for the purpose of preventing such enterprises
being carried out, it is stated that the coasts from Cape Gracias
a Dios toward the River Chagres, belong in dominion and owner-
ship to that Republic, in virtue of the declaration made at San
Lorenzo on November 30, 1803 ; and that by it that portion of
the coast was definitively added to the' Viceroyalty of New
Granada, separating it from the old Captaincy-General of Guate-
mala.

The Executive Power was surprised to see this declaration
by the Government of Colombia. The territory spoken of has
belonged continuously to Guatemala and has 'been in its posses-
sion. In the law passed by the Senate and House of Representa-
tives of Colombia on the 23rd of June last, relating to the division
of its territory, the Mosquito Coast is not embraced ; and in the
note of July 29th, by which the Minister of State forwarded the
aforesaid decree to the 'Intendant of Magdalena, it is positively
stated that it does not belong to Colombia.

720

Moreover, our envoy near that Republic, in his communication
of September 28th says, in relation to this matter, that he had
been assured the Government of Colombia had no idea other than
to prevent the location of establishments upon the coast men-
tioned. Our Minister has remained there so as to inform himself
in the matter upon his arrival at Bogota and declare the rights
of the Republic in that part of the territory; and the Executive
Power directs that the National Assembly be at once advised as
to this incident and furnished with all the antecedent facts that
could be found in the archives of the previous Government,
which it was provided be sought for, and the information with
proper orders be duly given to the envoy.

LAW 13 .

Doc. 478 Of June 2, 1843, Relating to the Organization and Special
Regime of the Territory of Bocas del Toro.^

Art 1. The islands of Bsciido de Veragua, and those in Almi-
rantc Bay and Chiriqui Lagoon, and the part of the continent
comprised between the following boundaries : upon the East the
Canaveral River; upon the South the crest of the Chiriqui Cor-
dillera ; upon the Northwest the frontier line which on that side
separates the Republic of A-'^tc' Granada from that of Central
America, and also the part of the Coast of Mosquitos as far as
Cape Grac'ias a Dios, as it was aggregated by the Royal Order of
November 20, 1803, to the Viceroyalty of Santa Fe, shall form a
territory which shall be ruled in a special manner until the num-
ber of its inhabitants will permit the establishment of a canton or
province. From this territory there shall be segregated the Dis-
trict named "Bl Mineral," which shall be added to the Canton of
Santiago.

Art. 2. This territory shall be ruled by an official under the
name of "Prefect," who shall be appointed and removed at
will by the Executive Power. He shall hold his position dur-
ing four years and can be reappointed.

* Pombo, Recopilacion de las Leyes de Nueva Granada. Tratado I.
Part II, p. 64.

721

Art. 6. The Prefect shall depend directly on the Executive
Power in all matters of government and administration and he
shall deal directly with the Secretaryships of State. In the
matters of justice he shall depend upon the Tribunal of Mag-
dalena; and in military matters he shall receive orders from the
authority designated by the Executive Power.

******** *-

Art. 24. In order to preserve or to re-establish the lordship of
Nezv Granada over the whole territory of Bocas del Toro, and
for the reduction or subjection of the natives, the Executive
Power is authorized to build fortifications in the places that it
shall deem most suitable, and to take all the proper measures for
the foregoing objects.

INDEX.

INDEX,

Doc. No. Page

•Fundamental Law of the Republic of Colombia. 1819 241 1

Fundamental Law of the Union of the People of Colombia.

1820-21 242 3

Manifesto of General Iturbide. February 24, 1821 243 7

Declaration of the Independence of Panama. November

28, 1821 244 9

Don Jose de Fabrega to the Supreme Chief of the Republic
of Colombia. November 29, 1821 245 11

Don Manuel Torres to the Secretary of State. November

30, 1821 246 12

The Supreme Political Chief of the Isthmus of Panama to

the Vice President of Colombia. January 10, 1822 247 14

Political Condition of the Spanish Provinces of South
America, Communicated to Congress March 8 and April
26, 1822. March 8, 1822 248 16

Note Presented by Mr. Zea to the French Minister for
Foreign Affairs, and the Ambassadors and Foreign Min-
isters at Paris. April 8, 1822 ^ 249 17

The Government of Costa Rica Levies Imposts Upon the

Commerce of Matina. June 4, 1823 250 21

Law Concerning the Territorial Division of the Republic

of Colombia. June 25, 1824 251 23

Decree of the Government of Colombia, July 5, 1824, Arro-
gating to Itself Rights Over the Central American Ter-
ritory of the Coasts of Mosquitos. July 5, 1824 252 25

The Chief of the State of Costa Rica to the Minister of
the Republic of Central America in Colombia, Protesting
Against the Usurpatory Decree of the Colombian Gov-
ernment of July 5, 1824. November 17, 1824 253 27

Constitution of the Federal Republic of Central America.

November 22, 1824 254 28

Limits of Costa Rica, According to the Fundemental Law
' of the State, of January 21, 1825 255 29

Extract from the Minutes of a Verbal Conference with the
Minister of the United Provinces of Central America,
on the 4th Day of March, 1825, in Pursuance of a Prior
• Invitation. March 4, 1825 256 30

Treaty of Perpetual Union, League, and Confederation,
Between the Republic of Colombia and the United Prov-
inces of Central America. March 15, 1825 257 32

Doc. No. Page

Decree of the Federal Congress of Central America in
1825, Approving the Annexation of Nicoya to Costa
Rica. December 9, 1825 258 38

From the General Secretary of the State of Costa Rica to
the Minister of Foreign Relations of the Federal Re-
public of Central America, Concerning the Divisional
Line With the Republic of Colombia. June 18, 1826..... 259 39

The Minister Plenipotentiary of Colombia to the Secretary
of State of the Republic of Central America Concerning
the Natural Limits of the Two Americas. September 4,

1826 260 40

The Secretary of State of Central America to the Minister

of Colombia. September 9, 1826 261 41

The Secretary of State of Central America to the Honor-
able Sr. Antonio Morales, Envoy Extraordinary and
Minister Plenipotentiary of the Republic of Colombia.

January 8, 1827 262 41

Resolution of the President of the Republic of Central

America. January 8, 1827 263 42

Decree of the Government of the Republic of Central i)i

America Closing Several Ports of the Republic, Among
These the Port of San Juan de Nicaragua. September 26,

1827 .^ 264 43

The Secretary General of State of Costa Rica to Colonel

Juan Galindo, Concerning a Map of Central America and

the Port of Bocas del Toro. November 18, 1834 2«5 45

The Secretary General of State of Costa Rica, to the Gov-
ernor of the Province of Veragua, Concerning the
Boundaries of the Two Countries. March 17, 1835 266 46

Decree of th^ Government of New Granada, Organizing
Provisionally the Political Administration of Bocas del
Toro. May 30, 1836 267 47

Decree Authorizing the Executive Power of Costa Rica to
Undertake the Opening of a Road to the Bay of Bo'ca-
Toro (Almirante). August 31, 1836 268 49

Note of the Governor of Veragua to the Government of
Costa Rica. September 23, 1836 269 49

Circular of the Minister General of the Government of
Costa Rica to the Political Chiefs, Concerning the Open-
ing of a Road to Boca Toro. September 26, 1836 270 51

The Minister of State of Costa Rica to the Governor of

Veragua. November 30, 1836 271 52

The Secretary of Foreign Relations of New Granada to
that of Central America. March 2, 1837 272 54

Doc. No. Page

The Minister General of State of Costa Rica to the Politi-
cal Chief (Intrusive) of the Canton of Bocas del Toro.
Concerning the Intrusion into that Region. March 21,
1837 273 56

Decree X. — Grant to the Colonel Juan Galindo and His
Successors of the Dominion and Ownership of the Mines
of Tisingal. May 3, 1837 274 57

Decree of the Government of New Granada Creating the

Canton of "Bocas del Toro" in Veragua. May 26, 1837.. 275 58

Dissolution of the Federal Pact of Central America, by the

Congress of Costa Rica. 1838 276 59

The Escudo de Veragua and the River Chiriqui, Boundaries

of Costa Rica in 1841 277 61

Decree XL. — Directs the Observance of the Treaty Cele-
brated with the State of the Isthmus (Panama) and Re-
serves the Right of Costa Rica to the Region of Bocas
del Toro. September 22, 1841 278 62

The Secretary of State of Costa Rica to the Governor of
Belize, Rejecting the Pretensions of the Mosquito King
to the Coast of Matina. April 20, 1841 279 63

Limits of Costa Rica, According to the Political Constitu-
tion of the State, Issued April 9, 1844 280 66

Treaty Between the United States and New Granada of

December 12. 1846 281 67

DOCUMENTS RELATING TO THE COAST OF
MOSQUITOS.

I. Viscount Palmerston, Secretary of State, to Mr. Chat-
field, Consul General of H. B. M. in Central America.

January 30, 1847 282 69

II. Mr. Chatfield, Consul General of H. B. M. in Central

America. April 15, 1847 283 69

in. Mr. O'Leary, Charge d'AfTaires of H. B. M. in Bo-
gota to Lord Palmerston. June 29, 1847 284 77

IV. Viscount Palmerston to Mr. Chatfield. June 30, 1847.. 285 79

Mr. Walker to Viscount Palmerston. May 20, 1847 286 80

Mr. Chatfield to Viscount Palmerston. September 29, 1847 287 88

M. Mosquera to Viscount Palmerston. April 29, 1848 288 89

Viscount Palmerston to M. Mosquera. May 4, 1848 289 91

Erection of the Diocese of Costa Rica. February 28, 1849 290 92

Mr. Bancroft to Mr. Clayton. August, 1849 291 94

Mr. Rives to Mr. Clayton. September 25, 1849 292 9T

Extract from a Treaty of Peace and Friendship Between

Spain and Costa Rica, Dated Madrid, May 10, 1850 293 99

Doc. No. Page

Contract for tiie Opening of an International Route from
Boca del Tom to Dulce Gulf, Made Between tlie Gov-
ernment of Co5ia ivica and M. Gabriel La fond (de
Lurcy ) . March 15, 1850 294 100

The Secretary of Foreign Relations of Costa Rica to the
Governor of the Province of Chiriqui, Republic of New
Granada. August 13, 1850 295 101

Petition of the Golfo Dulce Colonization French-Costa
Rican Company Relating to the Grant of the Zone of
Costa Rican Territory Occupied by New Granada. Sep-
tember, October. 1850 296 102

Extracts from Notes on the Constitution of the Republic
of Colombia. 1853 297 106

Report of Don Pedro Fernandez Madrid on the Coast of
Mosquitos and the Question of Boundaries with Central
America. November 29, 1852 298 107

Mr. Marcy to Mr. Ingersoll. June 9, 1853 299 147

Don Victoriano de Diego Paredes. Charge d'Aflfaires of
New Granada in Washington, to the Department of
Foreign Relations of Bogota. February 3, 1854 300 152

Extract from the Amendment to the Constitution (Feb-
ruary 27, 1855) Creating the State of Panama 301 156

Report Concerning the Question of the Boundaries Be-
tween New Granada and Costa Rica, by Don Pedro
Fernandez Madrid. x\pril 10, 1855 302 157

Minutes of the Conferences had Between the Plenipo-
tentiaries of the Republic of Costa Rica and New Gra-
nada, with a View to Making a Treaty of Boundaries,
Friendship, Commerce and Navigation. October, 1855 .. . 303 180

Conference of the 25th Day of October. 1855 304 21«

Report of the Secretary of Foreign Relations of the Re-
public of New Granada to the Congress of 1855 305 233

Protocol of the Conferences Held Between the Plenipo-
tentiaries of New Granada and Costa Rica, for the Pur-
pose of Bringing the Two Republics Into Closer Rela-
tions and Fixing Their Boundaries by Means of a Treaty.
1856 306 235

Extract from the Treaty of Friendship, Commerce and
Boundaries Between the Republics of New Granada and
Costa Rica (Calvo-Herran). June 11, 1856 307 238

Instructions Sent by Secretary of State Marcy to Mr.
Dallas, at London, in Regard to the Claim of Great
Britain to the Bay Islands and the Mosquito Territory.
July 26, 1856 308 239

Doc. No. Page

'J he Secretary of Foreign Relations of New Granada to
That of Costa Rica, Concerning the Ratification of the
Boundary Treaty of June 11, 1856. April 23, 1857 309 247

Report of the Committee on Foreign Relations to the Con-
gress of Costa Rica. September 30, 1857 310 251

The Minister of Foreign Relations of Costa Rica to the
Congress of the Republic, Concerning the Ratification
of the Boundary Treaty of June 11, 1856. September

30, 1857 311 253

Treaty of Limits Between Costa Rica and Nicaragua, Con-
cluded April 15th, 1858 312 254

The Secretary of Foreign Relations of New Granada to
That of Costa Rica. January 25, 1859 313 259

Circular. Places the Settlement of Matina Under Mili-
tary Regulation and Adds to the Jurisdiction of Moin
the Coast Situated Between the Tortuguero and the
Bocas del Toro. March 10, 1859 314 260

Constitution of Costa Rica. December 26, 1859 315 261

Treaty Between Great Britain and Nicaragua Relative to
the Mosquito Indians and to the Rights and Claims of
British Subjects. Signed at Managua January 28, 1860 316 261

Decree XXVII. — Authorizing the Executive Power to
Make a Contract with Mr. Thomas Francis Meagher for
a Railway Between Bocas del Toro and Dulce Gulf.
July 9, 1860 317 263

Lieutenant Jeffers, U. S. N., to Captain Engle, Command-
ing Chiriqui Commission, U. S. N. January 22, 1861 318 264

The Minister of Foreign Relations of Costa Rica to the
Minister of the Republic at Washington, Don Luis Mo-
lina, Concerning the Usurpations of the New Granadan
Authorities of Chiriqui. October 15, 1862 319 268

The Minister of Foreign Relations of Costa Rica, Don
Julian Volio, to the Minister of the Republic at Wash-
ington, Don Luis Molina, Concerning the Usurpations
of the New Granadan Authorities of Chiriqui, July

31, 1863 320 269

The Minister of Foreign Relations of Costa Rica, Don

Julian Volio, to the Minister of that Republic in Wash-
ington. September 30, 1863 321 270

Protocol of Conferences Between the Minister Plenipoten-
tiary of Costa Rica, Dr. Don Jose Maria Castro, and
the Plenipotentiary of the United States of Colombia,
Dr. Don Teodoro Valenzuela. March 6 to 30, 1865 322 371

Doc. No. Page

Treaty of Friendship, Commerce, Navigation and Boun-
daries Between the Republic of Costa Rica and the
United States of Colombia. March 30, 1865 323 278

The Minister of Foreign Relations of Costa Rica, to the
Secretary of State of the Government of Panama, Con-
cerning New Invasions by the Colombian Authorities
Within the Territory of Dulce Gulf. January 25, 1870. 324 279

The President of the State of Panama, to that of the Re-
public of Costa Rica, Concerning the Colombian In-
vasions at Dulce Gulf. May 21, 1870 325 280

The Minister of Foreign Relations of Costa Rica, to That

of the United States of Colombia. June 11, 1870... 326 285

The President of the Republic of Costa Rica, to the Presi-
dent of the State of Panama, Concerning the Colombian
Invasions Into Dulce Gulf. June 11, 1870 327 288

The Minister of Foreign Relations of Colombia to That of

Costa Rica. August 10, 1870 328 289

The Minister of Colombia in San Jose to the Department
of Foreign Relations of Costa Rica, Concerning the
Colombian Invasions in Talamanca. Events on the Six-
ola and Changuinola. October 20, 1871 329 291

The Minister of the Government and ad Interim of For-
eign Relations, to the Minister Plenipotentiary of Co-
lombia. October 28, 1871 330 295

Senor Pradilla to Sefior Alvarado. November 3, 1871 331 297

Senor Pradilla to Seiior Gonzalez. December 13, 1871 332 298

Sr. Gonzalez to Sr. Pradilla. December 9, 1871 333 299

Boundary Treaty Between the Republic of Costa Rica and
the United States of Colombia (Montufar-Correoso).
April, 1873. ^ 334 302

Statement Relating to the Boundary Treaty Between
Costa Rica and Colombia. August 23, 1873 335 302

Statement of the Minister of the United States of Co-
lombia Concerning the Boundary Treaty With Costa
Rica. August 30. 1873 336 309

The Minister of Foreign Relations of Costa Rica, to Gen-
eral Correoso, Plenipotentiary of the United States of
Colombia, at San Jose. September 20, 1873 337 322

Report of the Colombian Secretary of the Interior:
Foreign Affairs: Addressed to the Congress of 1874.
Report of the Prefect of the Territory of San Andres:
San Luis de Providencia. November 29, 1873 338 334

The Minister of Foreign Relations of Costa Rica to that
of the United States of Colombia. Protest. June 11,
1875 339 327

Doc. No. Page

The Secretary General of the State of Panama to That of
the Interior and Foreign Relations of the United States
of Colombia. April 19, 1876 340 339

The Secretary of Foreign Relations of the United States .
of Colombia to That of Costa Rica. May 16, 1876 341 332

The Minister of Foreign Relations of Costa Rica to That
of the United States of Colombia. Fixes the Territorial
status quo and Proposes Arbitration. July 25, 1876 342 333

The Secretary of Foreign Relations of Colombia to the
Secretary of Foreign Relations of Costa Rica. Septem-
ber 5, 1877 343 334

The President of the Sovereign State of Panama to That

of the Republic of Costa Rica. July 29, 1879 344 335

Notes Exchanged Between the Secretary of Foreign Re-
lations of Colombia and That of Costa Rica, Concern-
ing the Fixing of the Territorial status quo and the
Settlement of the Boundary Question by Means of Arbi-
tration. August 19, 1879 345 337

Doctor Machado to Senor Rico. October 27, 1879 346 338

Setior Rico to Doctor Castro. December 18, 1879 347 ' 339

Testimony of Witnesses Concerning the Intrusions of the
Colombian Authorities into the Region of Dulce Gulf,
Costa Rica. 1879 348 341

Senor Rico, Secretary of Foreign Relations of the United
States of Colombia, to That of Costa Rica. November
28, 1879 349 348

The Secretary of Foreign Relations of Costa Rica to That

of Colombia. March 12. 1880 350 350

Inquisition Held in Chiriqui, by Dr. Don Jose de Obaldia,
Relating to the Territorial Claims of Colombia to Punta
Burica. April 14, 1880 351 351

The Secretary of Foreign Relations of Colombia to That

of Costa Rica. April 20, 1880 352 356

The Secretary of Foreign Relations of Costa Rica to That

of Colombia. Protest. May 15, 1880 353 358

Report of the Secretary of State in the Department of
Government, Don Rafael Machacho. to the President of
Costa Rica, General Don Tomas Guardia. June 10. 1880 354 360

The Secretary of Government and Police of Costa Rica

to that of Foreign Relations. July 16, 1880 355 364

Conclusions of the Senate of Plenipotentiaries of Co-
lombia. July 13, 1880 356 366

The Secretary of Government and Police of Costa Rica
to That of Foreign Relations. June 15, 1880 357 368

8

Doc. No. Page

The Secretary of Foreign Relations of Costa Rica to That

of Colombia. June 10, 1880 358 368

The Secretary of Foreign Relations of the United States

of Colombia to that of Costa Rica. July 29, 1880 359 372

Instructions Given to Doctor Carlos Holguin, Envoy Ex-
traordinary and Minister Plenipotentiary Near the United
Kingdom of Great Britain and Ireland, Relative to His
Mission to Costa Rica. July- August, 1880 360 373

Proclamation of the President of the United States of Co-
lombia to the Nation, Concerning the Boundary Ques-
tion With Costa Rica. September 6, 1880 361 381

The Minister of Foreign Relations of Costa Rica to That

of the United States of Colombia. September 10, 1880.. 362 384

The Minister of Foreign Relations of Honduras to That

of Colombia. November 10, 1880 363 384

Treaty Between Costa Rica and the United States of
Colombia Agreeing to Arbitrate Their Question as to
Boundaries. December 25, 1880 364 386

Arbitral Award of H. M. the Emperor of Austria, Francis
Joseph I, Relating to the Coast of Mosquitos. July 2,
1881 365 389

Report Presented by Don Lorenzo Montufar, Minister
of Foreign Relations of Guatemala to the Congress of
That Republic. 1881 366 390

Report of the Colombian Secretary of Foreign Affairs,

Submitted to the National Congress of 1884 367 405

The Cabinet Council of Costa Rica Fixes the Boundaries
of the Litigated Zone With Colombia. November 19,
1885 368 414

Additional Arbitration Convention Between Costa Rica

and Colombia. January 20, 1886 369 415

Mr. Bayard to Senor Peraha. May 26, 1886 370 417

Political Constitution of Colombia. August 4, 1886 371 419

The Government of His Catholic Majesty Accepts the
Position of Arbitrator. Terms and Conditions of His
Acceptance. L The Ministers of Colombia and Costa
Rica to the Minister of State. May 19, 1887 372 420

JL The Excmo. Senor Don Segismundo Moret, Minister of
State of H. C. M., to Senor Peralta. Minister of Costa
Rica. Conditional Acceptance of the Arbitration. June
12, 1887 373 421

HL Senor Peralta. Minister of Costa Rica, to Senor Moret,

Minister of State. June 23. 1887 374 422

Sefior Peralta to the Minister of Foreign Relations of
Costa Rica. October 5. 1888 375 42a

Doc. No. Page

Senor Peralta to the Excmo. Senor the Marquis de la

Vega de Armijo, Minister of State. October 23, 1888 376 426

The Excmo. Senor Marquis de la Vega de Armijo to
Senor Peralta. When the Acceptance of the Arbitra-
tion Will Begin to Run. October 30, 1888 377 427

Mr. Bayard to Mr. Phelps November 23, 1888 378 428

Report of the Minister of Foreign Relations of Colombia,

Addressed to the Constitutional Congress of 1888 379 433

Report by the Minister of Foreign Relations of Colombia

to the Constitutional Congress -oi 1889 380 444

The Minister of Foreign Relations of Colombia to That of

Costa Rica. March 16, 1891 381 458

The Duke of Tetuan to Sefior Peralta, Minister of Costa

Rica in Madrid. May 11, 1891 382 460

The Duke of Tetuan, to Senor Peralta, Minister of Costa

Rica in Madrid. January 22, 1892 383 461

Report by the Under-Secretary of Foreign Affairs of the
Republic of Columbia in Charge of the Department,

Addressed to the Congress of 1892 384 466

Senor Peralta to Mr. Gresham. April 12, 1893 385 470

Senor Peralta to Mr. Gresham. April 20, 1893 386 475

Mr. Gresham to Mr. Baker. July 14, 1893 387 480

Mr. McKinney to Mr. Suarez. August 21, 1893 388 482

Mr. McKinney to Mr. Gresham. August 24, 1893 389 483

Mr. Baker to Mr. Jimenez. September 1, 1893 390 484

Senor Suarez to the Minister of Foreign Relations of

Costa Rica. September 6, 1893 391 486

Mr. McKinney to Mv. Gresham. September 29, 1893 392 491

Mr. Jimenez to Mr. Suarez. November 18, 1893 393 492

Mr. Suarez to Mr. Jimenez. January 4, 1894 394 493

Mr. Jimenez to Mr. Baker. November 20, 1893 395 495

Mr. Jimenez to Mr. Suarez. November 20, 1893 396 496

Mr. Suarez' to Mr. Jimenez. January 12, 1894 397 497

Mr. Jimenez to Mr. Suarez. February 13. 1894 398 498

Mr. McKinney to Mr. Gresham. January 32, 1894 399 499

Mr. Jimenez to Mr. Suarez. February 12, 1894 400 500

Mr. Rengifo to Mr. Gresham. February 22, 1894 401 501

Report of the Minister of Foreign Relations of Colombia
to the Congress. Sixaola and Punta Burica are Fixed
at the Extreme Points of the status quo Line. 1894. . . 402 507

Convention Celebrated Between the Republics of Costa

Rica and Colombia, November 4, 1896 403 510

Correspondence Between the Minister of Costa Rica and
the Minister of Foreign Affairs of the Republic of
France. June 9, 1897 404 513

10

Doc. No. Page

M. Hanotaux to Senor Peralta. June 16, 1897 405 514

M. Hanotaux to Senor Peralta. October 19, 1898 406 514

Extract from Autobiographical Memoirs of Don Lorenzo

Montufar. 1898 407 515

Report of the Under-Secretary of Foreign Relations of
the Republic of Colombia in Charge of the Department
to the Congress of 1898 408 525

Senor Peralta to the Minister of Foreign Affairs of the

Republic of France. September 11, 1899 409 528

The Minister of Costa Rica to Ambassador Roustan,
Chairman of the Arbitration Commission, Protesting
for the Failure to Communicate to Him the Documents
of Colombia. July 24, 1900 410 3r29

Ambassador Roustan to Minister Peralta. August 3,

1900 411 529

Minister Peralta to the Minister of Foreign Relations of
Costa Rica. August 2. 1900 412 530

Award of the President of France. September 11, 1900.. 413 531

Original Text of the Loubet Award 414 534

Minister Peralta to the Minister of Foreign Relations of

Costa Rica. Septetnber 14, 1900 415 536

The Minister of Foreign Affairs of France to Minister

Peralta. September 18, 1900 416 537

Minister Peralta to the Minister of Foreign Affairs of the

Republic of France. September 26, 1900 417 538

The Minister of Costa Rica to the Minister of Foreign

Affairs of the Republic of France. September 29, 1900.. 418 539

The Minister of Foreign Affairs of the Republic of France

to the Minister of Nicaragua at Paris. October 22, 1900 419 540

The Minister of Costa Rica to the Minister of Foreign

Affairs of France. October 2.3, 1900 420 541

The Minister of Foreign Affairs of France to the Minister

of Costa Rica. November 23, 1900 421 543

Original Text of the Delcasse Note, le 23 Novembre,

1900 422 544

The Minister of Colombia to the Secretary of State in the
Department of Foreign Relations of Costa Rica. January
26, 1901 423 545

The Minister of Colombia to the Secretary of State in the
Department of Foreign Relations of Costa Rica. Feb-
ruary 12, 190] 424 546

The Minister of Colombia to the Secretary of State in the
Department of Foreign Relations of Costa Rica. Feb-
ruary 27. 1901 425 548

11

Doc. No. Page

Fragment of the Message of the President of the Repub-
lic, Don Rafael Iglesias, Presented to the Constitutional
Congress, May 1 , 1901 426 552

The Secretary of State in the Department of Foreign Re-
lations of Costa Rica to the Minister of Foreign Rela-
tions of Colombia. July 27, 1901 427 555

From a Monograph Written in July, 1901, by Professor
Dr. Edward Seler, of the University of Berlin, Con-
cerning the True Location of the Port of San Jeronimo
and Valleys of Coaza and of Guaymi, the Following
Passage is Taken 428 557

Declaration of Independence of Panama. November 3,

1903 429 558

Executive Resolution of the Government of the Republic
of Panama. August 2, 1904 430 560

Pacheco-Guardia Treaty. March 6, 1905 431 561

The Minister of the United States to the Minister of For-
eign Relations of Costa Rica. January 29th, 1906 432 571

The Minister of Foreign Relations of Costa Rica to the
American Minister. May 3, 1906 433 573

The Charge d'Affaires of the United States to the Min-
ister of Foreign Relations of Costa Rica. April 27th,
1906 434 582

The Secretary of State in the Department of Foreign Re-
lations to the Charge d' Affairs of the United States of
America. May 26, 1906 435 585

The Minister of Costa Rica to the Secretary of State. No-
vember 26, 1906 436 593

Award in the Boundary Arbitration Between Honduras
and Nicaragua, Pronounced by the King of Spain. De-
cember 23, 1906 437 594

Report of the Joint Committees of Foreigfi Relations and
Legislation of Costa Rica, Concerning the Pacheco-
Guardia Treaty. May 14, 1907 438 605

Congress in Secret Session Decides to Allow the Con-
vention and Declaration as to Boundaries and the Loubet
Award to Lapse. October 24, 1911 439 608

The Minister of Costa Rica on Special Mission to the

Secretary of State. December 9, 1907. . .' 440 609

Case Adjudged in the Supreme Court of the United States. /

American Banana Co. v. United Fruit Co. October,
1908 441 611

The Minister of Costa Rica on Special Mission to the

Secretary of State. November 21, 1908 442 617

12

Doc. No. Page

The Acting Secretary of State to ^iinister Anderson.

December 1st, 1908 443 618

Minister Anderson to the Secretary of State. December

4, 1908 444 619

The Minister of Costa Rica on Special Mission to the

Secretary of State. December 7, 1908 445 620

Memorandum; Legation of Costa Rica 446 623

The Minister of the United States to the Secretary of

State of Panama. December 21, 1908 447 628

The Acting Secretary of State to Minister Anderson.

December 26, 1908 448 628

The Minister of Costa Rica on Special Mission to the

Secretary of State. December 28, 1908 449 629

The Minister of Foreign Relations of Panama to the

United States Minister. December 28, 1908 450 631

The Acting Secretary of State to Minister Anderson.
January 6, 1909 451 632

The Under-Secretary of Foreign Relations of Panama to
the Minister of the United States of America in the
Same Republic. January 9, 1909 452 632

The Secretary of State to Minister Anderson. January 9,

1909 453 633

The Secretary of State to the Minister of the United

States at Panama. January 23, 1909 454 634

The Secretary of State to Minister Anderson. February

16, 1909 455 636

Minister Anderson to the Secretary of State. February 23,

1909 456 637

The Acting , Secretary of State to Minister Anderson.

March 11," 1909 457 639

The Minister of Panama to the Secretary of State in the
Department of Foreign Relations of Costa Rica. May
29, 1909 458 640

The Secretary of State in the Department of Foreign Re-
lations to the Minister of Panama. June 5, 1909 459 643

The Minister of Panama to the Secretary of State in the
Department of Foreign Relations of Costa Rica. June
3, 1909 460 646

The Secretary of State in the Department of Foreign Re-
lations to the Minister of Panama, June 15, 1909 461 649

The Minister of Panama to the Secretary of State in the

Department of Foreign Relations. June 7, 1909 462 656

The Secretary of State in the Department of Foreign Re-
lations to the Minister of Panama. June 22, 1909 463 657

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The Minister of Panama to the Secretary of State in the

Department of Foreign Relations. July 28, 1909 464 659

The Secretary of State in the Department of Foreign Re-
lations to the Minister of Panama. August 13, 1909 465 668

The Minister of Panama to the Secretary of State in the

Department of Foreign Relations. August 14. 1909 466 681

The Secretary of State in the Department of Foreign Re-
lations to the Minister of Panama. September 22, 1909.. 467 686

The Secretary of State to Minister Anderson. February 2,

1910 468 691

Conference Between the Ministers of Costa Rica and

Panama. February 14, 1910 469 693

The Minister of Panama on Special Mission to the Secre-
tary of State. February 20, 1910 470 696

Plan of Arrangement Suggested by the Secretary of State
of the United States. March 1, 1910 471 699

The Minister of Costa Rica on Special Mission to Secre-
tary of State. March 14, 1910 472 702

Arbitration Treaty Between Costa Rica and Panama.

March 17, 1910 473 703

ADDENDA.

Royal Order Concerning the Settlement of the Coast of
Mosquitos. November 30, 1803 474 709

Statement Made to the Cortes by Don Jose Joaquin

Ortiz, Deputy for Panama. April 28, 1812 475 709

Political Territorial Division of Costa Rica and Nicaragua,
According to the Plan of the Provincial Deputation
Addressed to the Ministry of Beyond the Seas. De-
cember 13, 1820 476 710

Report Don Marcial Zebadua, Minister of Foreign Re-
lations of Central America, to the Congress of that
Country. March 5, 1825. , 477 719

Law 13.— Of June 2, 1843, Relating to the Organization
and Special Regime of the Territory of Bocas del Toro. 478 730