volume II

INTERNATIONAL COURT OF JUSTICE
DISPUTE CONCERNING
NA VIGATIONAL AND RELATED RIGHTS
(COSTA RICA v NICARAGUA)
COUNTER- MEMORIAL
OF THE REPUBLIC OF NICARAGUA
VOLUME II
29 May 2007

TABLE OF CONTENTS
I. TREATIES
ANNEX ! ......................................................................................................................................... !
MONTEALEGRE-VELASCO TREATY. GRANADA, 16 AUGUST 1823 ................................... 1
ANNEX 2 ......................................................................................................................................... 3
MONTEALEGRE-SOLIS TREATY. LEON, 9 SEPTEMBER 1823 .............................................. 3
ANNEX 3 ......................................................................................................................................... 7
CHAMORRO- MAYORGA- WHITE CONVENTION. GRANADA, 14 AUGUST 1851 ........... 7
ANNEX4 ....................................................................................................................................... 11
MARCOLETA-MOLINA PRELIMINARY TREATY. WASHINGTON, 28 JANUARY 1854 .. Il
ANNEX 5 ....................................................................................................................................... 15
CASS-IRISARRI TREATY. WASHINGTON, 16 NOVEMBER 1857 ........................................... 15
ANNEX6 ....................................................................................................................................... 25
ZELAYA -VOLIO CONVENTION. SAN JOSÉ, 13 JULY 1868 ................................................. 25
ANNEX 7 ....................................................................................................................................... 27
RIVAS-ESQUIVEL CONVENTION. SAN JOSÉ, 21 DECEMBER 1868 ................................... 27
ANNEX 8 ....................................................................................................................................... 29
MONTEALEGRE-JIMÉNEZ INTER-OCEANJC CANALIZATION TREATY. SAN JOSÉ, 18
JUNE 1869 ..................................................................................................................................... 29
ANNEX 9 ........................................................................... ~ ............................................................ 33
ALVAREZ-ZAMBRANA TREATY OF LIMITS. GRANADA, 5 FEBRUARY 1883 ................ 33
ANNEX 10 ..................................................................................................................................... 39
NAVAS-CASTRO TREATY OF LIMITS. SAN JOSÉ, 19 JANUARY 1884 ................................. 39
ANNEX 11 ..................................................................................................................................... 43
ROMAN-ESQUIVEL-CRUZ, GUATEMALA, 24 DECEMBER 1886 ....................................... .43
ANNEX 12 ..................................................................................................................................... 47
QUERRA-CASTRO TREATY OF LIMITS. MANAGUA, 23 DECEMBER 1890 ...................... 47
ANNEX 13 ..................................................................................................................................... 51
MATUS-PACHECO-LAINFIESTA PRELIMINARY TREATY OF PEACE. 26 APRIL 1898 ... 51
II. CONCESSIONS
ANNEX 14 ..................................................................................................................................... 57
ZEPEDA-JUÀREZ-WHITE CANALIZATION CONTRACT. LEON, 27 AUGUST 1849 ............ 57
ANNEX 15 ..................................................................................................................................... 65
IRISARRI-STEBBINS CONTRACT. NEW YORK, 19 JUNE 1857 .............................................. 65
ANNEX 16 ..................................................................................................................................... 69
WEBSTER& HARRIS -ESCALANTE CONTRACT. SAN JOSÉ, 14 JULY 1857 ....................... 69
ANNEX 17 ..................................................................................................................................... 75
ZELEDON-ROSA PÉREZ CONTRACT. MANAGUA, 30 DECEMBER 1860 ............................. 75
ANNEX 18 ..................................................................................................................................... 79
MOLINA- MORRIS INTER-OCEANIC TRANSIT CONTRA CT. WASHINGTON, 10
NOVEMBER 1863 ......................................................................................................................... 79
ANNEX 19 ..................................................................................................................................... 89
F. A. PELLAS NAVIGATION CONTRACT. MANAGUA, 1 MARCH 1877 ............................ 89
ANNEX20 ..................................................................................................................................... 91
CÀRDENAS -MENOCAL CONTRA CT. MANAGUA, 23 MARCH 1887 .................................... 91
III. NOTES
ANNEX 21 ..................................................................................................................................... 95
NOTE FROM LEWIS CASS, SECRETARY OF STATE OF THE UNITED STATES, TO
WILLIAM CAREY JONES, SPECIAL AGENT OF THE UNITED STATES TO CENTRAL
AMERICA. WASHINGTON, 30 JUL Y 1857 ................................................................................ 95
ANNEX 22 ..................................................................................................................................... 99
NOTE FROM COLONEL JORGE CAUTY, DIPLOMATIC REPRESENTATIVE OF THE
COSTA RICAN GOVERNMENT TO MR. SEGUNDO CUAREZMA, COMMANDER OF THE
SAN CARLOS FORT. SAN CARLOS, 14 OCTOBER 1857 ........................................................ 99
ANNEX 23 ................................................................................................................................... 101
Il
. ; i~ ·. ' i ' ~ •. 1 :
NOTE FROM WILLIAM CAREY JONES, SPECIAL AGENT TO THE UNITED STATES TO
CENTRAL AMERICA, TO GREGORIO JUAREZ, MINISTER OF FOREIGN AFF AIRS OF
NICARAGUA. MANAGUA, 17 OCTOBER 1857 ............. , .. , ...................................................... 101
ANNEX 24 .................................................................................................................................... 107
NOTE FROM PEDRO ROMULO NEGRETE, MINISTER PLENIPOTENTIAR Y OF THE
GOVERNMENT OF EL SALVADOR TO GREGORIO JUAREZ, SECRET ARY FOR
FOREIGN AFF AIRS OF NICARAGUA. 6 MA Y 1858 .............................................................. 107
ANNEX 25 ................................................................................................................................... 109
NOTE FROM MIRABEAU B. LAMAR, UNITED STATES MINIS TER RESIDENT TO
NICARAGUA AND COSTA RICA, TO LEWIS CASS, SECRETARY OF STATE OF THE
UNITED STATES. MANAGUA, 28 MA Y 1858 ....................................................................... 109
ANNEX 26 ................................................................................................................................... 113
NOTE FROM LORENZO MONTUFAR, MINISTER OF FOREIGN AFF AIRS OF COSTA RICA,
TO ANSELMO H. RIVAS, MINISTER OF FOREIGN AFF AIRS OF NICARAGUA. SAN JOSÉ,
22 JUL Y 1872 ............................................................................................................................... 113
ANNEX 27 ................................................................................................................................... 123
MESSAGE OF TOMAS A YON, STATE DEPARTMENT OF NICARAGUA, TO THE SENA TE
OF NICARAGUA, GIVING HISTORY OF THE BOUNDARY NEGOTIA TION WITH COSTA
RICA. MANAGUA, 8 JANUARY 1876 ....................................................................................... 123
ANNEX 28 ................................................................................................................................... 127
NOTE FROM MR. FRANCISCO CASTELLON, MINISTER OF FOREIGN AFF AIRS OF
NICARAGUA, TO MR. ASCENSION ESQUIVEL, MINISTER OF FOREIGN AFF AIRS OF
COSTA RICA. MANAGUA, 5 JUNE 1886 ................................................................................. 127
ANNEX 29 ................................................................................................................................... 129
NOTE FROM MR. ASCENSION ESQUIVEL, MINISTER OF FOREIGN AFF AIRS OF COSTA
RICA TO MR. FRANCISCO CASTELLON, MINISTER OF.FOREIGN AFF AIRS OF DE
NICARAGUA. SAN JOSE, 31 OCTOBER 1886 ........................................................................ 129
ANNEX 30 ................................................................................................................................... 131
NOTE FROM MR. JOSÉ J. RODRJGUEZ, MINISTER OF FOREIGN AFF AIRS OF COSTA
RICA TO MR. FRANCISCO CASTELLON, MINISTER OF FOREIGN AFF AIRS OF
NICARAGUA. SAN JOSÉ, Il NOVEMBER 1886 .................................................................... 131
ANNEX 31 ................................................................................................................................... 133
NOTE FROM MR. JOAQUIN ELIZONDO, MINISTER OF FOREIGN AFF AIRS OF
NICARAGUA, TO MR. CLETO VIQUEZ, MINISTER OF FOREIGN AFF AIRS OF COSTA
RICA. MANAGUA, 14 FEBRUARY 1887 ................................................................................. 133
ANNEX 32 ................................................................................................................................... 13 7
NOTE FROM MR. CLETO GONZALEZ VIQUEZ, MINISTRY OF FOREIGN AFF AIRS OF
COSTA RICA TO MR. JOAQUÎN ELIZONDO, MINISTER OF FOREIGN AFF AIRS OF
NICARAGUA. SAN JOSE, 21 MARCH 1887 ............................................................................ 137
ANNEX 33 ................................................................................................................................... 141
III
NOTE FROM MR. PEDRO PÉREZ ZELEDON, CHIEF OF THE COSTA RICAN LEGATION IN
WASHINGTON TO MR. THOMAS F. BA YARD, SECRET ARY OF ST ATE OF THE UNITED
STATES OF AMERICA, 30 JULY 1887 ...................................................................................... 141
ANNEX 34 ................................................................................................................................... 143
TELEGRAM FROM MR. PEDRO GONZÀLEZ, UNDER SECRETARY FOR HOME AFF AIRS
TO MR. ASCENSION ESQUIVEL, MINISTER OF FOREIGN AFF AIRS OF COSTA RICA. 28
SEPTEMBER 1887 ....................................................................................................................... 143
ANNEX 35 ................................................................................................................................... 145
NOTE FROM MR. PEDRO PÉREZ ZELEDON, CHIEF OF THE COSTA RICAN LEGATION
IN WASHINGTON TO MR. THOMAS F. BAYARD, SECRET ARY OF STATE OF THE
UNITED STATES OF AMERICA, 23 MARCH 1888 ................................................................ 145
A NN EX 3 6 ................................................................................................................................... 14 7
NOTE FROM MR. PEDRO PÉREZ ZELEDON, MINISTER OF FOREIGN AFF AIRS OF
COSTA RICA, TO MR. JOAQUÏN ELIZONDO, MINISTER OF FOREIGN AFF AIRS OF
NICARAGUA. SAN JOSÉ, 25 SEPTEMBER 1888 .................................................................... 147
ANN EX 3 7 ................................................................................................................................... 1 53
NOTE FROM MR. RICARDO PACHECO, MINISTER OF FOREIGN AFF AIRS OF COSTA
RICA TOTHE MINISTER OF FOREIGN AFF AIRS OF NICARAGUA. SAN JOSÉ, 9 AUGUST
1895 .............................................................................................................................................. 153
A NN EX 38 ................................................................................................................................... 163
NOTE FROM MR. RICARDO PACHECO, MINISTER OF FOREIGN AFF AIRS TO THE
SECRET ARY TO THE DIETOF THE GREA TER REPUBLIC OF CENTRAL AMERICA, 31
JUL Y 1897 ................................................................................................................................... 163
ANNEX 39 ................................................................................................................................... 165
NOTE FROM MR. JULIO MARTiN, DIRECTOR OF A DENA, TO MR. ALFONSO ROBELO,
AMBASSADOR OF NICARAGUA IN COSTA RICA. SAN JOSÉ, 27 SEPTEMBER 1993 .... 165
ANNEX 40 ................................................................................................................................... 167
NOTE FROM MR. ERNESTO LEAL, MINISTER OF FOREIGN AFF AIRS OF NICARAGUA
TO MR. ALFONSO ROBELO, AMBASSADOR OF NICARAGUA TO COSTA RICA, 8
OCTOBER 1993 ........................................................................................................................... 167
ANNEX 41 ................................................................................................................................... 169
NOTE FROM MR. BERNO NIEHAUS, MINISTER OF FOREIGN AFF AIRS OF COSTA RICA
TO MR. MR. ALFONSO ROBELO, AMBASSADOR OF NICARAGUA TO COSTA RICA,
SAN JOSE, 15 MARCH 1994 ...................................................................................................... 169
ANNEX 42 ................................................................................................................................... 171
NOTE FROM MR. JUAN RAFAEL LIZANO, MINISTER OF HOME AFF AIRS, POLICE AND
PUBLIC SAFETY OF COSTA RICA TO MR. JOSE ANTONIO AL V ARA DO, MINISTER OF
HOME AFFAIRS OF NICARAGUA. SAN JOSE, 15 JULY 1998 ............................................. 171
ANNEX 43 ................................................................................................................................... 173
IV
NOTE FROM MR. WALTER NIEHAUS, VICE MINISTER OF FOREIGN AFF AIRS AND
WORSHIP OF COSTA RICA TO MR. ADAN GUERRA, VICE MINISTER FOREIGN
AFF AIRS OF NICARAGUA. SAN JOSE, 23 DE MAR CH 2000 ............................................... 173
ANNEX 44 ................................................................................................................................... 175
NOTE FROM MR. ROBERTO ROJAS, MINISTER OF FOREIGN AFF AIRS AND WORSHIP
OF COSTA RICA TO MR. FRANCISCO XAVIER AGUIRRE, MINISTER FOREIGN
AFF AIRS OF NICARAGUA. SAN JOSE, 26 OCTOBER2000 ................................................. 175
ANNEX 45 ................................................................................................................................... 177
NOTE FROM MR. ROBERTO TOY AR, MINISTER OF FOREIGN AFF AIRS AND WORSHIP
OF COSTA RICA TO MR. NORMAN CALDERA, MINISTER FOREIGN AFF AIRS OF
NICARAGUA. ALAJUELA, 26 SEPTEMBER 2002 .................................................................. 177
ANNEX 46 ................................................................................................................................... 179
NOTE FROM MR. MIGUEL LE6N, PRESIDENT, ADENA TO MR. MAURICIO DIAZ
DA VILA, AMBASSADOR OF NICARAGUA TO COSTA RICA. SAN JOSE, 14 JUL Y 2003. 179
ANNEX47 ................................................................................................................................... 181
NOTE FROM MR ROBERTO TOY AR MINIS TER OF FOREIGN AFF AIRS AND WORSHIP
OF COSTA RICA TO MR. NORMAN CALDERA, MINISTER OF FOREIGN AFF AIRS OF
NICARAGUA. SAN JOSE, 6 DECEMBER 2004 ....................................................................... 181
ANNEX 48 ................................................................................................................................... 183
NOTE FROM MR. MIGUEL A. LE6N, PRESIDENT, DIRECTIVE BOARD, ADENA TO MR.
FRANCISCO FIALLOS NA V ARRO, AMBASSADOR OF NICARAGUA TO COSTA RICA.
SAN JOSÉ, 27 MA Y 2005 ............................................................................................................ 183
ANNEX 49 ................................................................................................................................... 185
NOTE FROM MR. MIGUEL A. LE6N, PRESIDENT, DIRECTIVE BOARD, A DENA TO MR.
FRANCISCO FIALLOS, AMBASSADOR OF NICARAGUA TO COSTA RICA, SAN JOSE, 8
JUNE 2005 ................................................................................................................................... 185
ANNEX 50 ................................................................................. , .................................................. 187
NOTE FROM MR. NORMAN CALDERA MINISTER OF FOREIGN AFF AIRS OF
NICARAGUA, TO MR. BRUNO STAGNO, MINISTER OF FOREIGN AFF AIRS AND
WORSHIP OF COSTA RICA. MANAGUA, 2 JUNE 2006 ........................................................ 187
A.NNEX 51 ................................................................................................................................... 189
NOTE FROM MRS. THAIS CHING ZAMORA, DIRECTOR, HEAL TH UNIT OF THE COSTA
RICAN SOCIAL SECURITY INSTITUTE TO MR. LEOPOLDO RAMI REZ, AMBASSADOR
OF NICARAGUA TO COSTA RICA. PUERTO VIEJO DE SARAPIQUI, 19 JUNE 2006 ...... 189
ANNEX 52 ................................................................................................................................... 191
NOTE FROM MR. RODRIGO ZAMORA, COMUNIDAD DE ALIANZA CRISTIANA Y
MISIONERA DE HORQUETAS, TO MR. LEOPOLDO RAMIREZ, AMBASSADOR OF
NICARAGUA TO COSTA RICA. HORQUET AS DE SARAPIQUI, 30 JUNE 2006 ................ 191
ANNEX 53 ................................................................................................................................... 193
v
NOTE FROM MR. LEOPOLDO RAMIREZ, AMBASSADOR OF NICARAGUA TO COSTA
RICA TO MRS. TH AIS CHING ZAMORA. SAN JOSÉ, 6 JUL Y 2006 .................................... \93
ANNEX 54 .................................................................................... , ............................................... 195
NOTE FROM MR. LEOPOLDO RA MIREZ, AMBASSADOR OF NICARAGUA TO COSTA
RICA TO MR. RODRIGO ZAMORA, COMUNIDAD DE ALIANZA CRISTIANA Y
MISIONERA DE HORQUET AS. SAN JOSÉ, 6 JUL Y 2006 ..................................................... 195
IV. DECREES
ANEXO 55 ................................................................................................................................ , .. 197
DECREE OF THE CENTRAL AMERICAN FEDERAL CONGRESS, APPROVING THE
ANNEXA Tl ON OF N !COY A TO COSTA RICA. 9 DECEMBER 1825 ................................... 197
A NNEX 56 .................................................................................................................................. , 199
DECREE REVOKING THE RIGHTS AND PRIVILEGES GRANTED TO. THE AMERICAN
ATLANTIC AND PACIFIC SHIP CANAL AND THE A CC ESSOR Y TRANSIT COMPANY.
GRANADA, 18 FEBRUARY 1856 ............................................................................................. 199
A NN EX 57 ................................................................................................................................... 203
DECREE NO. 139. NICARAGUA ACCEPTS THE WAR DECLARED BY COSTA RICA.
MANAGUA, 19 OCTOBER 1857 ............................................................................................... 203
ANNEX 58 ................................................ , ................................................................................... 205
DECREE ORDERING THE COMMANDERS OF PORTS AND PERFECTS OF THE
FRONT1ERS OF NICARAGUA NOT TO PERMIT ANY FOREIGN PERSON TOGO INTO
THE INTERIOR OF THE COUNTRY, UNLESS PRESENTING A PASSPORT ISSUED BY
THE RESPECTIVE MIN\STERS OR CONSULS AT THE PORTS OR PLACES OF THEIR
DEPARTURE. NICARAGUA, Il SEPTEMBRE 1862 .............................................................. 205
ANNEX 59 ................................ , ................................................................................................... 209
PRESIDENTIAL DECREE 527, CREA TING THE SOLENTINAME ARCHIPELAGO
NATIONAL MONUMENT. GAZElTE NO. 78.23 APRIL 1990 .............................................. 209
ANNE X 60 ................................................................................................................................... 213
DECREE 28-94 DECLARING NICARAGUAS' SOUTHEAST REGION A SUSTAINABLE
DEVELOPMENT TERRITORY. 8 JUNE 1994 .......................................................................... 213
ANN EX 61 ................................................................................................................................... 215
DECREE 66-99, UPDATING AND DEFINING THE CATEGORIES AND LIMITS OF
PROTECTED A REAS LOCATED IN NICARAGUA 'S SOUTH EAST TERRITORY. JI MA Y
1999 .............................................................................................................................................. 215
VI
V. CONSTITUTIONS AND CONTITUTIONAL JURISPRUDENCE
ANNEX 62 ................................................................................................................................... 225
POLITICAL CONSTITUTION OF COSTA RICA. 8 JUNE 1917 (ART. 5) ................................ 225
ANNEX 63 ................................................................................................................................... 227
POLJTICAL CONSTITUTION OF COSTA RICA. 7 NOVEMBER 1949 (ART. 5) .................. 227
ANNEX 64 ................................................................................................................................... 229
JURISPRUDENCE REGARDING ARTICLE 46 OF THE 1949 COSTA RICAN
CONSTITUTION ......................................................................................................................... 229
ANNEX 65 ................................................................................................................................... 233
POLITICAL CONSTITUTION OF NICARAGUA. 9 JANUARY 1987 AS MODIFIED IN 1995
(ARTS. 1, 138, NUMERAL 12,150 NUMERAL 8 AND 182} ..................................................... 233
ANNEX 66 ................................................................................................................................... 235
JUDGMENT OF THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF
COSTA RICA. EXP: 00-007391-0007-CO- RES: 2001-08239. SAN JOSE, 14 AUGUST 2001. 235
VI. LA WS AND RESOLUTIONS
ANNEX 67 ................................................................................................................................... 239
LAW N° 741 O. GENERAL LAW OF THE COSTA RICAN POLICE (ART. 24) SAN JOSÉ, 26
MA Y 1994 ................................................................................................................................... 239
ANNEX 68 ................................................................................................................................... 241
RESOLUTION OF THE REPUBLIC OF NICARAGUA'S NATIONAL ASSEMBL Y ON THE
JOINT COMMUNIQUÉ CUADRA- LIZANO, 30 JULY 1998. ORDINARY SESSION# 5.
MANAGUA, 18AUGUST 1998 .................................................................................................. 241
VII. A WARDS, JUDGEMENTS AND RELATED DOCUMENTS
ANNEX 69 ................................................................................................................................... 243
Vil
REPLY OF THE REPUBLIC OF NICARAGUA TO THE CASE OF THE REPUBLIC OF
COSTA RICA SUBMITTED TO HIS EXCELLENCY HON. GROVER CLEVELAND,
PRESIDENT OF THE UNITED STATES. 1887. WASHINGTON 1887. P. 49 ......................... 243
ANNEX 70 ................................................................................................................................... 245
GEORGE L. RIVES REPORT. 2 MARCH 1888 ......................................................................... 245
ANNEX 71 ................................................................................................................................... 251
GEORGE L. RIVES REPORT (SECOND). 2 MARCH 1888 ..................................................... 251
ANNEX 72 ................................................................................................................................... 257
DRAFT A WARD PREPARED BY G. L. RIVES AND HANDED TO THE ARBITRA TOR MR.
GROVER CLEVELAND. 17 MARCH 1888 ............................................................................... 257
ANNEX 73 ................................................................................................................................... 265
ALEXANDER, ENGINEER-ARBITRATOR: A WARD NO. 4. SAN JUAN DEL NORTE,
NICARAGUA, 26 JULY 1899 ..................................................................................................... 265
VIII. BOOKS
ANNEX 74 ................................................................................................................................... 275
"OBJETO" DICCIONARIO DE LA LENGUA CASTELLA NA POR LA REAL ACADEMIA
ESPANOLA, 10 EDICION, MADRID, IMPRENTA NACIONAL, 1852 .................................. 275
ANNEX 75 ................................................................................................................................... 277
YEARBOOK OF THE MINISTRY OF FOREIGN AFF AIRS OF COSTA RICA. 1888 (PP. 3-4) .
..................................................................................................................................................... 277
ANNE X 76 ................................................................................................................................... 279
YEARBOOK OF THE MINISTRY OF FOREIGN AFF AIRS AND WORSHIP OF COSTA
RICA. 1900. (PP. 10-11) ............................................. , ................................................................. 279
ANNEX 77 ................................................................................................................................... 281
DE PERAL TA, MANUEL M. "HISTORIA DE LA JURISDICCION TERRITORIAL DE LA
REPÛBLICA DE COSTA RICA", MADRID, 1891, PP. 38 ....................................................... 281
ANNEX 78 ................................................................................................................................... 283
YEARBOOK OF THE MINISTRY OF FOREIGN AFF AIRS AND WORSHIP OF COSTA
RICA 1998-1999. (P. 35) .............................................................................................................. 283
ANNEX 79 ................................................................................................................................... 285
YEARBOOK OF THE MINISTRY OF FOREIGN AFF AIRS AND WORSHIP OF COSTA
RICA 2001-2002. (PP. 143-144) .................................................................................................. 285
VIII
~ -, .. ·' '
IX. PRESS REPORTS
AN.NEX 80 ................................................................................................................................... 287
"NICARAGUA Y COSTA RICA". EDICION DEL CENTROAMERICANO. 24 OCTOBER
1857. (NICARAGUA AND COSTA RICA) ................................................................................ 287
ANNEX 81 ................................................................................................................................... 289
"PAIS OBLIGADO A INTEGRARSE" COSTA RICAN NEWSPAPER "LA NACION". SAN
JOSE, 19 MAY 2002. (COUNTRY FORCED TO INTEGRATE) .............................................. 289
ANNEX 82 ................................................................................................................................... 291
''TOVAR RECONOCE SOBERANIA NICA". NICARAGUAN NEWSPAPER "LA PRENSA".
MANAGUA, 18 FEBRUARY 2005. (TOVAR RECOGNIZES NICARAGUAN
SOVEREIGNTY) ......................................................................................................................... 291
ANNEX 83 ................................................................................................................................... 293
COMMUNIQUÉ OF THE MINISTRY OF FOREIGN AFF AIRS AND WORSHIP OF COSTA
RICA: "COSTA RICA ANNOUNCES FI LING OF APPLICATION, BEFORE THE
INTERNATIONAL COURT OF JUSTICE, ON HER RIGHTS OF NAVIGATION ON THE
SAN JUAN RIVER, SAN JOSE, 28 SEPTEMBER 2005 ............................................................ 293
ANNEX 84 ................................................................................................................................... 295
TEXT FROM THE NATIONAL RADIO AND TELEVISION CHAIN ADDRESSED BY THE
PRESIDENT OF THE REPUBLIC [OF COSTA RICA], DR. ABEL PACHECO. 2 OCTOBER
2005 ............................................................................................................................................. 295
ANNEX 85 ................................................................................................................................... 299
"GOBlERNO DESECHARA ARMAS DE GUERRA" PERIODICO "LA NACION". SAN
JOSE, 6 JUNE 2006. (GOVERNMENT WILL DESTROY ITS MlLITARY ARMAMENT) .... 299
X. OTHER DOCUMENTS
ANNEX 86 ................................................................................................................................... 301
ROYAL CHARTER TO DIEGO ARTIEDA. EL PARDO, 1 DECEMBER 1573 ...................... 301
ANNEX 87 ................................................................................................................................... 305
MR. FRANCISCO MARIA OREAMUNO, DIPLOMATIC MISSION IN NICARAGUA
(INSTRUCTIONS). SAN JOSE, 26 JUL Y 1838 .......................................................................... 305
ANNEX 88 ................................................................................................................................... 311
PROPOSITIONS WEBSTER -CRAMPTON. WASHINGTON D.C, 30 APRIL 1852 ............... 311
IX
ANNEX 89 ................................................................................................................................... 317
AUTHORIZA Tl ON TO NA VI GATE ISSUED BY THE EMBASSY OF NI CA RAGUA IN
COSTA RICA. SAN JOSE, 6 JUL Y 2006 ................................................................................... 317
ANNEX 90 ................................................................................................................................... 319
AUTHORIZA TION TO NA VIGATE GRANTED EMBASSY OF NICARAGUA IN COSTA
RICA ON BEHALF OF MINISTRY OF FOREIGN AFF AIRS OF NICARAGUA. NO. 02/2006.
SAN JOSÉ,JULY6,2006 ........................................................................................................... 319
ANNEX 91 ................................................................................................................................... 321
AFFIDAVITS OF COLONEL RICARDO SANCHEZ. 7 DECEMBER 2006 ............................ 321
x
ANNEX 1
MONTEALEGRE-VELASCO TREATY. GRANADA, 16 AUGUST
1823.
Assembled the gentlemen who compose it and the Envoy of Costa Rica,
with the objective of concluding a treaty between the two Governments, the
Commissioner proposed the following articles, as set forth in his
instructions, whose competent credential is returned to him upon
presentation thereof:
1. Both governments mutually recognize each other in ali their branches.
Approved.
2. Both govemments will mutually assist each other in the event of a foreign
invasion or internai disorder with up to five hundred men, considering the
current forces of both Provinces, which should not be narrowly understood
as if more can be provided, it shall be done. Approved.
3. If the road from Sarapiqui or San Carlos is opened to expedite
communication between the Province of Costa Rica and this one, both will
concur, in proportion to their powers and populations, in the expenses
incurred in the garrison that will protect the commerce and security of both
Provinces. Approved.
4. Costa Rica will supply to the Province of Granada tobacco for its state
monopoly wholesale stores, as long as they remain a state-controlled
monopoly, at twenty cents per pound in its own stores, and the Government
of Granada will pay one third of the annual order at the time of shipment
and the other two thirds four months after receipt thereof, ali of which is to
be understood upon cessation of the difficulties with the Government of
Leon. Approved.
5. With respect to the debt acquired by the government of Granada with that
of Costa Rica on account of two tobacco shipments. As regards the first one,
valued at two thousand three hundred pesos and ten cents, it has paid one
thousand five hundred, received by C. Mora, and five hundred fifty on
account of the freight costs, owing only three hundred and twenty pesos and
ten cents, which will be paid on this date and will be received by the Envoy
and Commissioner, and as regards the second one, valued at three thousand
sixty-five pesos and thirty-five cents, an order of payment will be issued
against the Administrator of Masaya, D. Gregorio Bolaî'ios, and his
guarantors, for the forty hundredweights that he received in January of this
year, for which he has not rendered accounts to date, and the rest will be
paid within two months. Approved.
6. The mail cost will be proportionally gauged, two thirds corresponding to
the two contracting govemments, with the understanding that mails will not
be intercepted or otherwise its full cost will be paid. Approved.
7. As regards reciprocal commerce between both Provinces, it will be
stipulated ... (the rights are set forth in accordance to instructions).
8. Given that the party of Nicoya, due to its topographie location and
proximity, could receive greater benefits from the government of Costa
Rica, the government of Granada will inform as to its determination.
Approved.
9. The ratification of the foregoing treaties is reserved by the Governrnent of
Costa Rica, as set forth in the credential of its Envoy, and a period of one
and a half months is pre-established for the monthly mail to come and
return, which seems opportune in this respect. Approved.
And as regards the question on whether or not this Governrnent, which now
depends on the Sovereign Constituent Assembly, has the authority to enter
into treaties like the foregoing and whether or not such treaties can be
ratified, it was affirmatively resolved, but always with the character of
temporariness and subject to the approval of the Sovereign Assembly, which
will be informed in this respect. Consequently, after rereading the foregoing
context in its entirety to the contracting parties, this Governance Board and
the Legatee of Costa Rica, D. Mariano Montealegre, acting in the name of
his Government, solemnly commit to the foregoing agreements dependent
on the aforesaid ratification, for the time being making the demonstrations
that are possible and this Government undertakes to solemnly ratify this
treaty in such terms that denote its rejoice, and they sign at this Sessions
Hall in Granada, on the seventeenth day of the month of August in the year
one thousand eight hundred and twenty-three, the first year of our freedom.
José Antonio Velasco- Mariano Montealegre - Juan Argüello- Bernabé
Montiel- Venancio Femândez- Nicolâs de la Rocha- Juan José Guzmân,
Secretary.
2
.. ~ ·,·
1 ~ ' 1 ~ . 1
ANNEX2
MONTEAL.EGRE-SOLIS TREATY. LEON, 9 SEPTEMBER 1823.
1. That he recognizes, in the name of the Province of Costa Rica, the
Government of Leon as free and independent, and the latter in the same
mann er recognizes that of Cartago, and by virtue thereof they proceed to the
other pacts that each contracting party shaH religiously observe until the
Constitution of the State to be established by the National Constituent
Assembly of the United Provinces determines the fate of Leon and Costa
Rica.
2. That the main object of these treaties being an alliance and reciprocity,
there shall be sincere and perpetuai peace between the two contracting
Provinces and they shall fraternally assist each other as stated below. If any
of the two Provinces is attacked by a foreign en emy, the Province of Leon,
as long as the division with Granada continues, shall assist the Province of
Costa Rica with five hundred men and with one thousand if the entire
Province was concentrated; and the Province of Cartago shaH assist the
former with a force offive hundred men, who shall be paid according to the
regulations of Spain, and if the aforementioned regulations changed in any
of the Provinces, the highest salaries shall be paid.
3. Likewise, under the same terms, they shall reciprocally assist each ether
in the internai struggles that arise in either of the two Provinces, either to do
away with the authorities that are lawfully constituted or for any ether
reason aimed to disturb order and peace.
4. The Government of Costa Rica shall remain neutral in any disputes
between Leon and Granada and thus shall not assist one or the other, and
Leon shaH do the same if any disputes arise between Granada and Cartago.
5. Costa Rica undertakes to recognize in ali judicial matters the Courts of
Justice of this capital city in respect of second and third instances, without
applying the laws of sovereign immunity.
6. As a consequence of the preceding articles, Costa Rica, on its part, is
bound to concur in the income of the magistrates and their office expenses
and salaries with an amount proportional to the wealth of the peoples that
are subject to the recognition and protection of the aforesaid courts.
3
7. As regards the changes to the rights of commerce proposed by the Envoy
of Costa Rica, as they entai! serious difficulties that could be speedily
surmounted by the Assembly, each Province shall follow, in the mean time,
as it may deem convenient, the general or particular regulations, reserving
the right to deal with this matter later according to the circumstances that
arise in the future.
8. As regards the fortress of the San Juan River that he requests on behalf of
the Govemment of Costa Rica, the resolution and agreement on this matter
is deferred until the Constitution of the United Provinces has been
established, and if it is delayed for any reason, the aforementioned fortress
will be provided according to the engineering plans and both Provinces will
contribute, as shall be agreed at that time, the best data and knowledge.
9. Costa Rica undertakes to provide good quality tobacco as may be
requested by this Government, at twenty-five pesos per hundredweight in its
stores, free of duties, and this Govemment undertakes to make the
respective payments in three installments, to wit: the first one in cash at the
time that the order is placed in the month of November, the second one in
March, and the last one in August, ali payable in this city of Leon.
1 O. Since it bas not been possible to satisfy the rest of the one thousand
hundredweight baies of tobacco previously contracted due to the hostilities
with Granada and contrabands, it shall be delivered in the month of
December of this year according to the terms set forth in this contract.
11. Considering the Jack of currency until we are constituted, the money
coined by Cartago will run in this Province and the money coined in this
Province will also be accepted in Costa Rica, provided that the silver coined
by each of the Governments is of good quality and weight, and stamped in
dies, which will be understood henceforth since this Government has cast
close to three thousand pesos.
12. As regards the incorporation of Nicoya to Costa Rica proposed by its
Envoy, we will wait until the territory is divided by the Assembly.
13. Nothing can be done for the time being with respect to the payment of
the mail on the Cartago route due to the many difficulties resulting from the
situation in Granada.
14. So as not to delay the mail from the Provinces, the mail from Cartago
will leave that city on the eighteenth of each month at twelve noon, and it
4
'1 l '·\''r l'
willleave Costa Rica on that same date, and this order will commence next
November.
15. As regards the payrnent of ninths and consolidation, the resolution and
settlement of this matter is deferred until the necessary file is prepared by a
commission appointed for such important matter, which will be concluded
as early as possible.
16. With respect to the great scarcity in Granada due to the disputes with
this Govemment, Mr. Montealegre asked that this Province guarantee the
debt of three thousand and sornething pesos that Granada has outstanding to
date with Costa Rica and this Govemment has agreed to take responsibility
for the aforementioned amount, provided that the govemment of Cartago
does not supply tobacco to Granada until it has paid the aforesaid debt and
this Govemrnent is able to persuade Granada to recognize and subrnit to its
former capital, and the terms of this responsibility were left in suspense by
Mr. Montealegre, subject to the approval of his Govemment, as weil as ali
the foregoing articles, and both Provinces will be subject to the faithful
observation and performance of this treaty upon ratification thereof.
Leon, 9 September, 1823.
Pedro Solis, Vocal Presidente- José Carmen Salazar- Domingo GalarzaMariano
Montealegre- Ramôn Sarria- Narciso Mayorga, Vocal Secretario.
5

ANNEX3
CHAMORRO- MAYORGA- WHITE CONVENTION. GRANADA,
14 AUGUST 1851.
Decree dated 20 August 1851 ratifying the Convention entered into by the
Commissioners of the Supreme Government, Colonel Fruto Chamorro and
Mateo Mayorga, on the 14th day of this month with J. L. White,
representative ofthe American company.
The President of the Senate of the Republic of Nicaragua makes known to
its citizens that the Legislative Assembly has decreed the following:
The Senate and Ho use of Representatives of the State of Nicaragua, having
held an extraordinary session,
Decree:
Art. 1. The Treaty entered into by the Commissioners of the Supreme State
Government Colonel Fruto Chamorro and Licentiate Mateo Mayorga on the
14th day of this month with J. L. White, representative of the American
Maritime Canal Company, is hereby ratified. The Treaty reads as follows:
"The Supreme Government of the Republic of Nicaragua, full y authorized
by virtue of Legislative Decree of August I3th, for the sole purpose of
facilitating the construction of a maritime canal, and pursuant to the wishes
expressed by the canal company, has agreed, through its commissioners
Messrs. Colonel Fruto Chamorro and Mateo Mayorga and Mr. J. L. White,
representative of the aforementioned company, to separate and divide the
section conceming the navigation of steamships on Nicaraguan waters from
the contract of 22 September 1849 regarding the construction of the canal
through the isthmus of Nicaragua. To this end, the following agreement has
been entered into:
Art. 1. The Republic of Nicaragua authorizes the American
Maritime Canal Company to divide and separate all the powers, privileges,
rights and obligations described in Articles 6, 14, 20, 21, 22, 23, 30, 32, 33,
34 and others regarding navigation on Nicaraguan waters, which are not
essential to the construction and use of the maritime canal, from the powers,
privileges and rights granted under the treaty signed by said Govemment on
22 September 1849 and amended on 11 April 1850.
7
Art. 2. Said Company is also authorized to fonn another separate and
distinct Company, comprised by the same members participating in the
original company. This new Company will enjoy the powers and be subject
to the obligations inserted in the aforementioned articles, provided that they
are not contrary to the rights granted or the obligations imposed upon the
Canal Company.
Art. 3. The newly created Company will proceed to execute and
comply with those objectives under its competence in that part conceming
the aforementioned articles, and will be entitled and enjoy the protection of
the Government of Nicaragua on the same terms as those stipulated in the
original contract of 22 September 1849 and .its amendment on Il April
1850, regarding the construction of the maritime canal. All those acts or
objects that may infringe the rights of the canal company shall also be
considered to infringe the rights of the new! y created company as regards its
establishment.
Art. 4. The new company will be called "Accessory Transit
Company". lt will comprise an incorporated and political entity with
perpetuai succession for the duration of its legal existence, and will have full
powers to exercise its rights and privileges and to fulfill the obligations set
forth in this convention, in such manner as may be deemed more
convenient, and as long as its actions are not contrary to the privileges and
obligations set out in the original contract of 22 September 1849 and its
amendment on Il April 1850.
Art. 5. Said company, constituted as an incorporated and political
entity, may appoint and remove its employees and agents according to its
best interests. lt will have the right to vote and adopt provisions and
regulations as it deems fit for optimal management of its interests, to ensure
the enjoyment of its privileges and to fully comply with its obligations. The
company may fix the amount and value of the shares to be issued, and may
increase the number of shares, if necessary. It may also indicate how they
may be transferred and carry out whatever is more convenient for the strict
compliance of the company objective as indicated in the aforementioned
articles.
Art. 6. The company constituted as an incorporated entity will
appoint a board of directors, elect the president and fix the number of its
members, a majority of which will determine and approve all the necessary
resolutions leading to the achievement of the objective set forth in the
8
foregoing articles and others that refer to and do not run counter to the right
to build and use the canal.
The company may adopt a common seal and change it if necessary.
It may sue and be sued in the State courts as though it were a moral person.
Art. 7. Ali properties, objects, shares, rights, credits and effects of
the new Company will be free of ali charges or duties for the duration of the
concession, in the same terms as stipulated in the original contract of 22
September 1849 and its amendment on 11 April 1850, regarding the
building of the maritime canal and other objects.
Art. 8. This convention and ali the rights and privileges guaranteed
and conferred to the Company will cease on the same date that the original
contract expires, either due to the expiration of the term agreed therein or for
any other cause or reason that invalidates or annuls said contract.
Art 9. It is hereby stipulated and agreed by the contracting parties
that no provision in the present convention may be or will be interpreted as
minimally altering the obligations imposed upon each of the contracting
parties in the original contract of 22 September 1849 and its amendrnent on
11 April 1850.
Done and signed in duplicate at the city of Granada, Nicaragua, on the
fourteenth day of August of eighteen hundred fifty-one. J. L. White,
Counsel to the A.T. and Ship Canal Co. - Fruto Chamorro - Mateo
Mayorga.
Art. 2. For the present convention to becorne a State law it must be ratified
by the aforementioned Company within two months from this date.
Done at the Sessions Hall of the Senate on 19 August 1851. Pedro Aguirre
S.P.- J. de Jesus Robleto S.V., secretary- Cornelio Gutierrez, S.S. to the
Executive Bran ch- Hall of the Cham ber of Representatives. .
Granada, 19 August 1851. Francisco Barbarena, R.P. - José Maria Estrada,
R.S.- Manuel Urbina R.S.- Therefore, execute.
Granada 20 August 1851.- José de Jesus Alfaro. To the Minister of Foreign
Relations and Home Affairs, Mr. Fermfn Ferrer.
9
Article 3
It is hereby equally agreed that immediately after securing consent of the
chosen arbitrator, both Republics shall confer him full powers to resolve as
he considers best, according to equity and justice principles, ali pending
issues between the aforementioned Governments, after examining reports
and documents produced by each interested party, respectively, in support of
their rights, through their diplomatie agents or otherwise, with the
understanding that failure by one of the parties to claim its right in the nonrenewable
terrn of one year shall not be grounds for the arbitrator to suspend
his decision privileging what has been "informed sol ely by the other party.
Article 4
While the desired arrangement is taking place, the following is established:
Both contracting parties commit themselves to strictly maintain the status
quo.
Consequently, both Govemments shall abstain from making any land
concession, navigation privileges, or privi.leges of any other nature, under
any concept, to Governments, individ~als, or cornpanies on the right or
southern bank of the San Juan River rior on the shores of Lake Nicaragua,
from the head of said river across from San Carlos fort to the South and East
until a point on said Lake across the mouth of La Fior River on the Pacifie;
nor on any other portion of disputed hi~d not currently occupied by either of
the parties. This shall not preclude · contracting parties, however, from
continuing to exercise their jurisdiction the way they have been doing it so
far on disputed terri tory sites currently .. occupied by one of the two parties,
respecti v ely. · · ·.
Costa Rican citizens shall have the power to freely corne in and out through
the port of San Juan with their ships and goods and navigate, except by
stearnboat, on the river bearing the saine. name and on its tributaries flowing
from the South, and on Lake Nicaragua in ali directions, without being
subject to any Nicaraguan taxes or levie"s, except when they drop anchor in
coves, ports, or places currently in possession by Nicaragua or when they
introduce products or goods for consul)lption in Nicaragua, in which case
they shall be subject to the provisions of laws of the latter .
. ,
Article.5
Since the Govemment of Nicaragua bas entered contracts with a company
for the opening of the interoceanic canal and transit through the isthmus, by
virtue of which it has granted said companies the exclusive privilege of
steamboat navigation on the San Juan ~iver and Lake Nicaragua, and it has
transferred ownership of sorne land portions on both banks of the San Juan
. ·.
12
l
,, ''•H ~~~· :'':''"': .
,H;;~~i;:''
River, provisions that come into conflid with the rights Costa Rica views as
its own, it is nonetheless hereby established that Costa Rica shall not oppose
Nicaragua's fulfillment of its ·obligations, should the projected canal works
be carried out.
In turn, Nicaragua sha11 not hinder execution of contracts Costa Rica may
have already entered concerning navigation on the Sarapiquf River.
Article 6
The contracting parties commit themselves to help each other through their
good offices and by any other agreed upon or seemingly conducive means
to achieve a favorable resolution of pending or eventual issues of any of the
parties with foreign nations or foreign subjects or citizens, either over the
disputed territory or over territories on which no dispute existed between
said Repu blies, but on which sorne issue between any of the aforementioned
Republics and other Governments or persons has arisen or might arise.
Article 7
It is hereby expressly agreed that nothing in this Convention shall be
interpreted as a waiver, dismissal, or assignment of the rights each of the
contracting parties claims from the ether, as long as no definitive
arrangement of theses issues has been reached, through either an ad hoc
Treaty or through an arbitrament.
Article 8
This Convention shall be submitted by the undersigned to their respective
Governments, and in case it is adopted by them and ratified by Legislatures
of each contracting Republic, ratifications shall be exchanged within six
months from this date or even before, if possible, in Washington, San José,
or Managua.
In witness whereof, the undersigned Plenipotentiaries have signed this
Convention in duplicate and have stamped it with their respective seals, in
the city of Washington, on the twenty-eighth day of the month of January of
the year of the Lord one thousand eight hundred and fifty four.
J. de Marcoleta F.Molina
13

ANNEXS
CASS-IRISARRI TREA TY. WASHINGTON, 16 NOVEMBER 1857.
The Republic ofNicaragua and the United States of America, being desirous
of maintaining mu tuai relations of friendship for the purpose of promoting
commercial intercourse between their respective citizens and implementing
a common arrangement to open a communication route between the Atlantic
and Pacifie. Oceans through the San Juan de Nicaragua River, and either
Lake Nicaragua or Managua, or any other route through the terri tory of the
aforesaid Republic of Nicaragua, have agreed to conclude a treaty of
friendship, commerce and navigation, and for such purpose have appointed
the following Plenipotentiaries:
The Republic of Nicaragua, Antonio José de Irisarri, Envoy Extraordinary
and Minister Plenipotentiary to the United States of America,
And the President of the United States of America, Lewis Cass, Secretary of
State of the United States, who, after having exchanged their full powers,
found to be in good form, have agreed upon the following articles:
Article 1
There shall be perpetuai amity between the United States and their citizens
on the one part, and the Government of the Republic of Nicaragua and its
citizens on the other part.
Article II
There shall be reciprocal freedom of commerce between ali the terri tories of
the United States and those of the Republic ofNicaragua.
The subjects and citizens of bath countries, respectively, shaH have liberty to
come freely and securely with their ships and cargoes to ali the places, ports
and rivers in the aforesaid territories, ta which other foreigners are or may
be permitted to come, enter, remain and reside in any part thereof,
respectively, as well as to hire and occupy bouses and warehouses for
commerce; in general, merchants and traders of each nation, respectively,
shall enjoy the most complete protection and guarantee in their trade,
subject al ways to the laws and statutes of bath countries, respective! y.
In like manner, the respective ships of war and trade of bath countries shaH
have liberty, freely and securely, to come to ali the ports, rivers and places
to which other foreign vessels of war and merchant ships are or may be
15
permitted to come, enter, anchor and remain there and refit, subject always
to the laws and statutes of both countries respective! y.
The right to enter the places, ports and rivers mentioned in this article is not
understood as a privilege of coastal trade, which is only permitted to
national vessels of the country where it is carried out.
Article Ill
lt being the intention of the two High Contracting Parties to rnutually bind
themselves by the preceding articles to treat each other on the footing of the
most favored nation, it is hereby stipulated by both that any favor, privilege
or immunity which either Contracting .Party has granted or may grant to the
subjects or citizens of any other State shaH be granted gratuitously to the
subjects or citizens of the other Contracting Party if the concession in favor
of that other nation shall have been gratuitous; or in return for a
compensation as nearly as possible of proportionate value and effect, to be
adjusted by mutual agreement, if the concession shaH have been conditional.
Article IV
No higher nor other duties shaH be 'imposed on the importation into the
terri tories of the United States, of any articles, being of the growth, produce
or manufacture of Nicaragua, nor shaH ~ny other or higher duties or charges
be imposed on the importation into the territories of the Republic of
Nicaragua, of any articles, being of the growth, produce or manufacture of
Nicaragua, than such as are or may be payable on like articles being of the
growth, produce or manufacture of any other foreign country; nor new
imposts or duties may be imposed in the territories of either of the High
Contracting Parties on the exportation of any articles to the terri tories of the
other.
Article V
No higher nor other duties on account of tonnage, lighting, harbor fees,
pilotage or salvage in case of damage or shipwreck, or on account of any
other local charges, shall be imposed in any port of Nicaragua on U.S.
vessels, other than those payable in the· same ports by Nicaraguan ships; nor
in any of the ports of the United States on Nicaraguan ships, than those
payable in the same ports by U.S. vessels.
Article VI
The same duties shall be paid on the importation into the territories of the
Republic of Nicaragua, of any articles, being the growth, produce or
manufacture of the United States, whether such importations shall be made
in Nicaraguan or U.S. ships; and the same duties shall be paid on the
16
'~:i:.J,:,
importation into the territories of the United States, of any articles, being the
growth, produce or manufacture of the Republic of Nicaragua, whether such
importations shall be made in U !S. or N icaraguan vessels.
The sarne duties shall be paid, and the same discounts and concessions shaH
be granted on the exportation to the Republic of Nicaragua of any articles,
being the growth, produce or manufacture of the United States, whether
such exportations shall be made in Nicaraguan or U.S. vessels; and the same
duties shall be paid, and the same discounts and concessions shall be
granted on the exportation of any articles, being the growth, produce or
manufacture of the Republic of Nicaragua, to the territories of the United
States, whether such exportations shall be made in U.S. or Nicaraguan
vessels.
Article VII
Ali merchants, ship captains and ether citizens of the United States shall
enjoy full liberty in the terri tories of the Republic of Nicaragua to manage
their own affairs, in accordance with the law, or to commission them to
whomsoever they choose as broker, agent or interpreter; nor shall they be
obliged to employ any ether persans in those capacities than those employed
by Nicaraguan citizens, nor to pay them any other salary or remuneration
than. such as is paid in like cases by Nicaraguan citizens; and absolute
liberty shall be granted in ali cases to the buyer or seller to contract and fix
the priee of any goods, wares or merchandise imported to or exported from
the Republic of Nicaragua, as they shall deem appropriate, observing the
laws and customs of the country.
The sarne privileges shall be enjoyed in the territory of the United States by
Nicaraguan citizens under the same conditions.
The citizens of the High Contracting Parties shall reciprocally receive and
enjoy full and perfect protection for their people and property, and shall
have free and open access to the courts of justice in the said countries,
respectively, for the prosecution and defense of their just rights; and they
shall be at liberty to employ, in ali cases, the attorneys, proxies or agents of
whatever description, whom they may think proper; and they shall enjoy in
this respect the same rights and privileges as native citizens.
Article VIII
In whatever relates to the police of the ports, loading and unloading of ships,
security of the merchandise, goods and effects, the succession to persona!
estates by will or otherwise, and the disposai of persona! property of every
sort and denomination, by sale, donation, exchange, testament, or in any
17
other manner whatsoever, as weil as the administration of justice; the
citizens of the two High Contracting Parties shall reciprocally enjoy the
same privileges, liberties and rights enjoyed by native citizens, subject, of
course, to the local and nationallaws of both countries, respectively.
The foregoing provisions shall be applicable to real estate situated within
the States of the American Union, or within the Republic of Nicaragua, in
which foreigners shall be entitled to hold or inherit real estate.
But in case real estate situated within the terri tory of one of the contracting
parties should faU to a citizen of the other party, who, on account of his
being an alien, is not permitted to own said property in the State in which it
is situated, said heir or other successor shaH be accorded such conditions as
the laws of the State will permit to sell such property and shall be at liberty,
at ali times, to withdraw and export the proceeds thereof without difficulty
and without paying to the Govemment any charges other than those which
would be paid by an inhabitant of the country in which the real estate is
situated. ·
If a citizen of either of the two High Contracting Parties sha11 die without
will or testament in the terri tory of the other party, the Minister or Consul or
other Diplomatie Agent of the nation to which the deceased belonged (or the
representatives of said Minister or Consul or other Diplomatie Agent, in his
absence) shall have the right to nominate curators to take charge of the
property of the deceased, so far as the laws of the country will pennit, for
the benefit of the lawful heirs and creditors of the deceased; giving proper
notice of such nomination to the authorities of the country.
Article IX
The citizens of the United States residing in Nicaragua, and the citizens of
Nicaragua residing in the United States; may intennarry with the natives of
the country; hold and enjoy, by purchase, marriage, or descent, any estate,
real or persona!, without thereby changing their national character, subject
to the laws which now exist or may be enacted in this respect.
The citizens of the United States residing in Nicaragua, and the citizens of
Nicaragua residing in the United States, shall be exempted from ali
compulsory military service whatsoever, either by sea or by land, and from
ail contributions of war, military exactions, forced loans in ti me of war; but
they shall be obliged, in the same manner as the citizens of each nation, to
pay lawful taxes, municipal and other modes of imposts or ordinary charges,
loans and contributions in time of peace (as the citizens of the country are
liable ), in just proportion to the private property they own.
18
.,
i1~ .. ~ .. ~r.~
Nor shall the property of any citizen, of any kind whatsoever, shall be taken
for any public abject without · full and just compensation to be paid in
advance and the citizens of each of the two High Contracting Parties shall
have the unlimited right togo to any part of the territories of the other, and
in all cases shall enjoy the same guarantees as the natives of the country
where they reside, with the condition that they duly observe the laws and
ordinances.
Article X
The two High Contracting Parties may appoint consuls to reside in any
territory of the other party for the protection oftrade.
But before a consul shall act as such,_ he shall, in the usual form, be
approved and admitted by the Government to which he is sent; and either of
the Contracting Parties may except from the resident of consuls such
particular places as they judge fit.
The Diplomatie Agents and Consuls of Nicaragua shall enjoy in the
territories of the United States whatever privileges, exceptions and
irnmunities are or may be granted to agents of the same rank belonging to
the most favored nation; and in like manner, the diplomatie agents and
consuls of the United States in Nicaragua shall enjoy, according to the
strictest reciprocity, whatever privileges, exemptions and immunities are or
may be granted in the Republic of Nicaragua to the Diplomatie Agents and
Consuls of the most favored nation.
Article XI
For the better security of commerce between the citizens of the United
States and the citizens of Nicaragua, it is agreed that if at any time the
friendly relations between the two High Contracting Parties were informally
interrupted, the citizens of either Contracting Party who may be within the
territory of the other, shaH, if res id ing upon the coasts, be allowed 6 months,
and if in the interior, a who le year, to wind up their accounts and dispose of
their property; and a safe-conduct shall be given them to embark at the port
which they themselves shaH select. Even in the event of a rupture, ali the
citizens of the High Contracting Parties who are established in any terri tory
of the other, in the exercise of any trade or other employment, shall have the
privilege of remaining and of continuing such trade or employment therein,
without any manner of interruption, in the full enjoyment oftheir liberty and
property, as long as they conduct themselves peacefully and do not commit
any offense against the Jaws; and their goods and effects, of whatever
description they may be, whether in their own custody or entrusted to
19
individuals orto the State, shall not be liable to seizure or sequestration, nor
to any charges or imposts other than those which may be made upon like
effects or property belonging to the native citizens of the country in which
such citizens reside. ln the same case, debts between private individuals,
private property and shares of companies shall never be confiscated or
detained.
Article XII
The clttzens of the United States and the ctttzens of the Republic of
Nicaragua, respectively, residing in the territory of the other party, shall
enjoy, in their houses, persans and properties, the protection of the
Government, and shall continue in possession of the guarantees which they
now enjoy. They shall not be disturbed, molested or harassed in any manner
on account of their religious beliefs, nor in the proper exercise of their
religion, according to the system of tolerance established in the terri tory of
the High Contracting Parties; provided they respect the religion of the nation
in which they reside, as well as the Constitution, laws and customs of the
country.
Liberty shall also be granted to bury the citizens of bath High Contracting
Parties who may die in the aforesaid territories, in burial places oftheir own,
which in the same manner may be freely established and maintained; nor
shall the funerals or sepulchers of the dead be disturbed upon any account.
Article XIII
Whenever a citizen of either of the contracting parties shall be forced to
seek refuge or asy1um in the rivers, bays, ports or dominions of the other
with their vessels, whether merchant or war, public or private, through stress
of weather, pursuit of pirates or enemies, or want of provisions or water,
they shall be received and treated with humanity, and given ail favor and
protection for repairing their vessels, procuring provisions, and placing
themselves in ali respects in a condition to continue their voyage without
obstacle of any ki nd.
Article XIV
The Republic of Nicaragua grants to the United States and its citizens and
properties the right to transit from the Atlantic Ocean to the Pacifie Ocean
through the territory of said Republic through any route or communication,
natural or artificial, either by land or by water, existing now or in the future,
orto be built later under the authority of Nicaragua, which shaH be used and
enjoyed in the same manner and in the same terms by bath Republics and
their respective citizens, but the Republic of Nicaragua reserves the right of
sovereignty over said route or communication.
20
,;
Article XV
The United States agrees to protect ali the aforesaid communication routes
and to guarantee the neutrality of the same, as weil as to use its influence
with other nations to induce them to guarantee said neutrality and
protection.
And the Republic of Nicaragua, on its part, agrees to establish two free ports
at each extremity of the aforesaid communication routes on the Atlantic and
Pacifie Oceans. No tonnage or other duties decreed or required by the
Governrnent of Nicaragua shall be imposed in these ports to U.S. vessels or
any abjects or merchandise owned by U.S. citizens or subjects, orto vessels
or abjects of any other country with the bona fide purpose of passing
through the aforementioned communication routes and not to be consumed
in the Republic ofNicaragua.
The United States shall also have the freedom to carry troops and war
munitions on its vessels, or by any ether way, to any of the aforementioned
free ports, and shall have the right to transport them through any of the
aforesaid communication routes. And for the transportation or transit of
persans or abjects by the citizens or subjects of the United States or of other
countries through the aforementioned routes of communication, no duties or
tolls shall be imposed which are higher than those paid now or in the future
by Nicaraguan nationals for their persans and properties. And the Republic
of Nicaragua recognizes the right of the Postmaster General of the United
States to enter into contracts with U.S. individuals or post transportation
companies in the aforementioned communication routes or any other routes
within the lsthmus, free of charges and duties by the Government of
Nicaragua, and if appropriate, in closed pouches, the contents of which shall
not be distributed in said Republic, but the right of said individuals and
companies to carry out this transportation shaH not be understood to include
transportation of passengers and freight.
Article XVI
The Republic of Nicaragua agrees that, should it become necessary at any
time to employ military forces for the security and protection of persans and
property passing over any of the routes aforesaid, it will employ the
requisite force for that purpose, but upon failure to do this from any cause
whatever, the Governrnent of the United States may, upon prior notice to the
Government of Nicaragua or to its Minister in the United States, employ
such force for this and for no other purpose, and when the necessity ceases,
such force shaH be immediately withdrawn.
21
Article XVII
1t is understood, however, that the protection of the communication routes
and the guarantee oftheir neutrality and security agreed by the United States
shall be conditional and withdrawn if the United States considers that the
persans or companies administering the routes adopt or establish traffic
rules which are contrary to the spirit and intentions of this treaty, either by
making un fair distinctions to benefit the trade of any nation or nations, or by
decreeing excessive levies or exorbitant imposts on mail, passengers,
vessels, materials, stock, merchandise and other goods.
However, the aforementioned protection and guarantee shall not be
withdrawn by the United States until notice is given to the Republic of
Nicaragua not Jess than six months in advance.
Article XVIII
It is further understood and agreed that, in any concessions granted or
contracts entered into by the Govemment of Nicaragua in respect of the
aforementioned inter-oceanic routes, or any part thereof, the rights and
privileges hereby granted to the Govemment of the United States and its
citizens shall be fully protected and excluded from the new concessions and
contracts. And if said concessions and contracts already exist and are legally
valid, it is also understood that the guarantee and protection of the United
States, stipulated in Article 15 of this Treaty, shall be suspended and be null
until the titleholders of said concessions or contracts recognize the
concessions made in this treaty to the Government and citizens of the
United States in respect of such inter-oceanic routes, or any part thereof, and
agree to observe these concessions and to be govemed by them as if they
were incorporated in their entirety in their original concessions and
contracts. Upon such recognition and agreement, said guarantee and
protection shall enter into full force, provided that nothing in the foregoing
stipulations is interpreted as affirming or de~ying the validity of said
contracts.
Article XIX
Ten years after the completion of a railway or other communication route
between the Atlantic and Pac.ific Oceans in the territory of Nicaragua, no
company which has built the same, or has possession thereof, may divide
among its shareholders, direct\ y or indirectly, through the issue of new
shares, dividends or otherwise, more than fifteen percent of the tolls
collected each year, or in proportion, but when the tolls generate greater
profits, this rate shall be reduced to fifteen percent per annum.
22
1.
Arti~Ib XX
It is understood that nothing in this treaty shall adversely affect the desires
of the Govemment of the· Republic of Costa Rica and its people to free
navigation in the San Juan River of its persons and goods to the Atlantic
Ocean and vice versa.
Article XXI
This treaty shall be ratified and the instruments of ratification shall be
exchanged at the city of Washington within nine months or as early as
possible.
In testimony thereof, the respective plenipotentiaries sign and seal
this treaty.
Done at the city of Washington on this sixteenth day ofNovember of
the year of the Lord, one thousand eight hundred fifty-seven. Lewis Cass. A.
J. de Y risarri.
23

: ,. \ '''
ANNEX6
ZELAYA -VOLIO CONVENTION. SAN JOSÉ, 13 JULY 1868.
The Govemrnent of the Republic of Costa Rica and the Govemrnent of the
Republic of Nicaragua, being equally interested and desirous of uniting
efforts to improve one of the ports in the Atlantic Ocean, either at the San
Juan del Norte river or at the mouth of the Colorado river, even if one is
injurious to the other, based on the asswnption that either of them by itself is
insufficient to satisfy the needs of commerce, and aspiring to establish the
preliminary framework for such important arrangement, have conferred their
full powers as follows:
The President of the Republic of Costa Rica, Julian Volio, Secretary of State
at the Office of Foreign Affairs of the Republic of Costa Rica, and
The President of the Republic of Nicaragua, José Maria Zelaya, Envoy
Extraordinary and Minister Plenipotentiary of Nicaragua in Costa Rica.
Who, after having communicated to each other their respective full powers,
which were found to be in good and proper form, have agreed upon the
following:
PRELIMINARY CONVENTION
Article 1
A scientific survey will be carried out in the Colorado and San Juan
rivers by a commission formed by the named persans, one of which will be
appointed by the Government of Costa Rica and another by the Government
of Nicaragua, with the objective of determining which of the two ports would
be easier to improve by combining into a single watercourse ali or part of the
waters of the two rivers dividing the upper San Juan.
Article Il
The commission will draw up the necessary plans and budgets and
will extend its report to any other points it may deem convenient so as to
accomplish its important mission. The Govemments of Costa Rica and
Nicaragua, in the presence of these reports, will give new instructions to their
respective Ministers to conclude a final agreement in this respect, if deemed
appropriate.
25
Article III
This Convention shall be ratified by the President of the Republic of
Costa Rica and by the President of the Republic of Nicaragua, and any of
them may submit it toits respective legislative branch for approval, and it will
enter into force immediate! y after the exchange of ratifications.
In witness whereof, both Plenipotentiaries sign in duplicate and affix
their respective seals.
Done and dated at San José, on the thirteenth of July of one thousand
eight hundred sixty-eight.
J. Volio
José Maria Zelaya
National Palace, San José, on the fourteenth of July of one thousand
eight hundred sixty-eight.
Finding the foregoing Convention in accordance with the
instructions given, it is approved, and it is submitted to the legislative
Branch for ratification thereof.
26
Initialed by the President
of the Republic
J. Volio.
~ ' l
ANNEX 7
RIVAS-ESQUIVEL CONVENTION. SAN JOSÉ, 21 DECEM.BER
1868.
The Government of the Republic of Costa Rica and the Government of the
Republic of Nicaragua, being desirous to conclude the preliminary
Convention entered into at San José on the thirteenth of July of this year, on
the improvement of one of the two ports in the Atlantic, known as "San Juan
del Norte or Greytown" and "Boca del Colorado"; and having the engineers
from both Republics carried out their respective explorations and surveys,
and having submitted the reports regarding the case, which have seen the
public light; and to resolve as may be convenient within the spirit of the
referenced Convention, the Government of Costa Rica has conferred its Full
Powers to Mr. Aniceto Esquivel, Secretary of State at the Office of Foreign
Affairs, and the Govemrnent of the Republic ofNicaragua, Mr. Anselmo H.
Rivas, Secretary of State of the same Govemment,
Who, after exchanging their respective Full Powers, found in good
and due form, have agreed upon the following articles:
Article 1
The Government of Costa Rica grants to the Government of
Nicaragua the waters of the Colorado River, so that by diverting them from
their present course, in whole or in part, and throwing them into the San
Juan River, it may re-establish or improve the San Juan de Nicaragua port.
Article II
The Government of Nicaragua, on its part, commits to stipulate, in
the event that any transit contract is entered into, whether with nationals or
foreigners, that the freight rates established by Nicaragua for imported or
exported products or merchandise shall also be extensive to Costa Rica, and
any grace, privilege or cohesion obtained by Nicaragua, as far as
transportation on the San Juan River is concemed, shall be extensive ta
Costa Rica on an equal footing.
Article III
Vessels from Costa Rica, which arrive at the San Juan del Norte
port, shall not pay any duties which are not charged to the national vessels
of Nicaragua.
27
Article IV
In the event that San Juan ceases to be a free port, and the
Government of Nicaragua subjects to registration or taxation the
merchandise which is imported or the products which are exported through
it, the merchandise and products irnported or exported by Costa Rica shaH
be exempt from such formalities and from the payrnent of any duties.
Article V
If the Government of Nicaragua, as a result of any internai disorder
or because it finds itself at war, cannat efficiently protect the San Juan port,
the Government of Costa Rica shall have the right to send the necessary
force to the aforesaid port to protect the commercial interests of Costa Rica,
and the Govemment of Nicaragua shall not concur in the cost of this
provision.
Article VI
The Govemment of Nicaragua hereby ratifies the Treaties of Limits
which have been entered into with the Govemment of Costa Rica; and both
parties submit to the arbitration of the United States of America for the
settlernent of any question which may arise, either regarding those treaties
or the execution of this Convention.
Article VII
This Convention shall be approved by the President of the Republic
of Costa Rica and by the President of the Republic of Nicaragua, and shall
also be submitted to their respective Legislative Branch for ratification, and
it shall enter into force imrnediately after it has been ratified.
In witness whereof, both Plenipotentiaries sign in duplicate and affix
their respective seals.
[Signed] A. Esquivel [Signed] A.H. Rivas
National Palace. San José, twenty-first of December of one thousand
eight hundred and sixty-eight.
Finding that the foregoing Convention concurs with the conferred
instructions, it is approved, and to this end, it shall be duly submitted to the
Legislative Branch for ratification.
28
Countersigned by the
President of the Republic
Esquivel.
ANNEX8
MONTEALEGRE-JIMÉNEZ INTER-OCEANIC CANALIZATION
TREATY. SAN JOSÉ, 18 JUNE 1869.
The Republics of Costa Rica and Nicaragua, desirous of enforcing the
contract entered into in Paris on the sixth of October of the year eighteen
sixty-eight, between Messrs. Tomas A yon, representative of the Republic of
Nicaragua, and Miguel Chevalier, a French subject, for the excavation of an
interoceanic canal, have agreed to enter into an Agreement for the purpose
of determining the rights and duties of Costa Rica in return for its adhesion
to the aforesaid contract.
To this end, the two Republics have appointed their respective
Plenipotentiaries, to wit:
His Exceilency, the President of the Republic of Costa Rica: Agapito
Jiménez, Secretary of State at the Ministry of Foreign Affairs, and
His Excellency, the President of the Republic of Nicaragua: Mariano
Montealegre, Envoy Extraordinary and Minister Plenipotentiary of
Nicaragua in the Republic of Costa Rica
Who, after exchanging their full powers, found to be in good and due form,
have agreed on the following provisions:
Article 1
The Republic of Costa Rica adheres to the contract entered into in Paris on
the sixth day of October of the year eighteen sixty-eight, between Messrs.
Tomas Ayon, representative of the Republic of Nicaragua, and Miguel
Chevalier, a French subject, for the excavation of an interoceanic canal, in
which Costa Rica guarantees the concessionaire over its territory and in ali
matters concerning her, the same advantages that Nicaragua grants [Costa
RicaJ, and which are stipulated in the following articles:
Article 2
The duration of the concession will be ninety-nine years, commencing on
the date on which the canal is opened.
Article 3
The concessionaire shall choose the route which, according to the studies
undertaken by experts on the matter, is considered the most suitable, but it is
29
declared as of this moment that the canal must come up the San Juan River
to Lake Nicaragua, cross the lake and end at the Pacifie Ocean, [somewhere]
between the extremes of Salinas and El Realejo.
( ... )
Article 12
It is understood that this concession, much as the concession referred to in
article 10, is applicable on! y to land belonging to the State, and that the
State at ali times maintains its sovereign rights. Further, the State also
reserves itself those sites or land it deems necessary for the opening of
roads.
The Republic of Costa Rica may open such roads even in Nicaraguan
territory and navigate on the rivers in that territory, for the purpose of
transporting and introducing its agricultural, industrial and commercial
products to the canal. Nicaragua may not impede in any way whatsoever the
opening of said roads, nor the navigation of said ri vers; and in the mouths of
these rivers, Costa Rica may establish customs and warehouses at the
expense of the State, upon prior notice to the Govemment of Nicaragua; in
no case, however, may Costa Rica place armed forces there, but only the
employees necessary for the custody and security of the country's customs
and warehouses, and vice versa. For its part, the Republic of Nicaragua may
open roads in Costa Rican territory and navigate its rivers for purposes of
commerce. Costa Rica may in no case impede the opening of said roads, or
the navigation of said rivers. Nicaragua may establish customs and
warehouses at their outlets, at State expense, having advised the
Government of Costa Rica to that effect. In no case may Nicaragua station
armed forces there, except the number of employees considered necessary
for the custody and security of its customs and warehouses.
( ... )
Article 43
Costa Rica undertakes, upon receiving the respective indication from
Nicaragua, and in accordance with its contents, to take the necessary steps in
order to obtain from the Govemments of France, England and the United
States of America the guarantee of neutrality and acceptance of other
attributions to which reference is made in Articles 30, 46, 47, 48 and 50 of
the contract above mentioned.
30
Article 44
The Government of Nicaragua shall be obliged to present for acceptance by
the concessionaire the adhesion of Costa Rica, in accordance with the terms
and conditions set out in the present Convention.
Article 45
The present Convention shall be duly ratified, and ratifications shall be
exchanged as soon as possible, either in San José, capital of the Republic of
Costa Rica, or in Managua, capital of the Republic of Nicaragua.
In witness whereof, the Plenipotentiaries have entered into the present
Convention by signing a duplicate copy of the original and affixing their
seal at San José, capital of the Republic of Costa Rica, on the eighteenth day
of June of the year eighteen sixty-nine.
{Signed) A. Jiménez
{Signed) Mamo. Montealegre
31

----- -:-:.-
ANNEX9
ÂLVAREZ-ZAMBRANA TREATY OF LIMITS. GRANADA, 5
FEBRUARY 1883.
The Republic of Nicaragua and the Republic of Costa Rica, being desirous
of putting an end to the differences that have arisen between them for a long
time with respect to the dividing line that should separate them, and of
affirming the friendship that unites them, making their fraternal relations
more efficient and fruitful, have resolved to conclude a Treaty aimed at
achieving these important and common purposes.
To this end, His Excellency Mr. Joaquin Zavala, President of the
Republic of Nicaragua, has appointed Dr. Francisco Alvarez as Minister
Plenipotentiary, and His Excellency Mr. Prospero Fermindez, President of
the Republic of Costa Rica, has appointed Dr. Antonio Zambrana as Envoy
Extraordinary and Minister Plenipotentiary.
The Plenipotentiaries, after communicating to each other their
respective powers, found in good and due form, have agreed upon the
following articles:
Article 1
The dividing line between the Republics of Costa Rica and
Nicaragua begins on the right bank of the Colorado River, at its mouth on
the Atlantic, and continues along that right bank up to the intersection of
this river with the San Juan River, extending along the right bank of the San
Juan River to a point three English miles below the exterior fortifications of
the Old Castle. From here, a curve shall be drawn, taking El Castille as the
center, keeping a distance of three English miles along its entire length, up
to a point two miles from the bank of the river at the distance of two miles
upstream from the bank of the river on the other side of the castle. From
here, the line shall continue in direction to the Sapoa river, which empties
into the Lake ofNicaragua, and it shall follow its course, keeping always at
the distance of two miles from the right bank of the San Juan River up to its
origin in lake; and from there, up to the junction of the aforesaid Sapoa
River; from a place parallel to the junction of the Sapoa River, two miles
distant, it follows an astronomie straight line to the central point of the
Salinas Bay, in the Southem Sea, where the dividing line end s.
33
Article 2
To carry out the necessary measurements, trace the line described in
the foregoing article and mark it conveniently, the Govemments of both
Republics shall appoint, within a period not to exceed six months, following
the ratification of the present Treaty, the respective Commissions in the
manner they shall agree for this purpose.
Article 3
Costa Ricans shall have a perpetuai right of free navigation, for
interior trade, in the waters of the San Juan and Colorado Ri vers, under the
same terms and subject to the same laws as Nicaraguans; corresponding to
Nicaragua the eminent dominion and sovereignty over the aforesaid rivers
[San Juan y Colorado and lake]. Further, they shall have free use of the Bay
and port of San Juan of Norte, under the same terms and subject to the same
restrictions as Nicaraguans. Nicaraguans shall have the same right of
navigation, for the same purposes, and subject to the same rules, on the
Sarapiqui, San Carlos and Frio Rivers, in that portion where these rivers
cross Costa Rican territory, and this Republic shall have eminent domain
and sovereignty, in full force, over the. aforementioned rivers. In recognition
to the respective sovereignty ofboth Nations, the vessels ofthe one entering
into the waters of the ether shall hoist, in addition toits own flag, the flag of
the other in the respective place.
Article 4
Costa Rica shall have the right to open in the territory of Nicaragua
the necessary roads for importing and exporting its goods, through Lake
Nicaragua and the Colorado River, the .river and port of San Juan del Norte
and, consequently, shall always occupy the surface of ali the land comprised
by said roads.
Nothing shall be paid by Costa Rica for exerc1smg the right
consigned in this article in her favor, provided that it uses wastelands for
that purpose, but if i t should need any. priva te property, it shall proceed wi th
the consent of the respective owners.
Article 5
Salinas Bay, in the Southern Sea, shall be common to one and the
other Republic and, consequently, its advantages and the obligation to
concur to its defense shall also be common. And the Republic of Costa Rica
shall also concur to the defense of the Bay of San Juan del Norte, if
necessary, when the Republic of Nicaragua shall so request.
34
A~ti6ie 6
Under no circumstances, even if the Republics 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,
neither in the port and bay of San Juan del Norte, nor in the San Juan and
Colorado Rivers, or in the territory between those rivers and Lake, and the
dividing line, nor in the San Carlos, Sarapiquf and Frio Rivers, or in the
Salinas Bay, hereby declaring that the violation of this rule shall be
considered a breach of trust.
Article 7
Costa Ricans in Nicaragua and Nicaraguans in Costa Rica shaH have
the right to exploit the territories of both Republics, and especially that
which is comprised between the San Juan and Colorado Rivers, and those
on the banks of the Colorado River and Lake Nicaragua, without other
restrictions than those set out by law for the natives of one and the other
Republic, respectively.
Article 8
Nicaragua may divert the course of the waters of the Colorado River,
directing them to the San Juan River, in which case, once this river bas been
equipped, its right bank up to a distance of three miles below Castillo Viejo
shall be the first part of the dividing line.
Article 9
In case the Inter-oceanic Canal is built, it shall be, in ali its extension
from sea to sea, the true boW1dary between Costa Rica and Nicaragua, as
long as it does not divert more than six geographical miles from the affixed
dividing tine. This shall not hinder the domain over the Canal that
exclusively belongs to the Republic whose territory it crosses; and both
agree, however, that the one that executes the project shaH obtain for the
natives of the other, the same advantages enjoyed by its own natives in the
use and navigation of the Canal and freight and passenger rates.
Article 10
Costa Ricans in Nicaragua and Nicaraguans in Costa Rica shall be
considered nationals for the purpose of obtaining and exercising citizenship
rights, without losing, by reason of the enjoyment of these advantages, their
nationality of origin. And they shall also be free to practice any industry or
profession, without other restrictions than those set out by law with respect
to natives.
35
Article Il
The titles, publications and other literary and professional
documents, issued in any of the contracting parties, shall be admitted and
recognized in the other, upon formally presenting them, duly authenticated,
before the authority or entity in charge of endorsing them. Studies at
scientific institutes of bath Republics shall also be admitted, · with the
objective of gaining time and obtaining degrees and literary or professional
titles, by certifying them with trustworthy documents before the respective
entity. ·
Article 12
Commerce between bath Republics shall be similar in each one of
them to domestic commerce, and shall be considered as if carried out from
one port to another or from one internai location to another in the same
country.
This article shall only be applicable for national products.
Article 13
Both Republics undertake to conclude an extradition treaty, procure
a uniform law code and adopt a common decimal system of weights,
measures and currency, ali in the shortest time possible.
Article 14
Whenever there is an opportunity ta reach an agreement for the
Central American Union, Costa Rica and Nicaragua shall jointly endeavor
ta achieve this great initiative. Any of the two that makes attempts in this
respect, or is invited to participate, shall provide immediate and complete
notice to the other of the negotiations that take place, as soon as they begin
and ta the ex te nt that they occur.
Article 15
Neither of the two Republics may enter into any offensive or
defensive alliances, which are detrimental or injurious for the other, and in
the event that one of them is attacked hy another power, the other shaH be
obliged, if unwilling or unable to provide assistance ta the offended, to
observe the strictest neutrality in relation thereto.
As regards any differences that may arise between bath contracting
parties, ali of them, regardless of their origin or nature, shall be settled by
arbitration.
36
:i. :l . '.:\;.(,,1
·.·
. Article 16
The present Treaty shàll be duly ratified and the instruments of
ratification shall be exchanged at the capital city of Nicaragua within three
months or earlier if possible.
In witness whereof, the Plenipotentiaries sign the present Treaty in
duplicate at the city of Granada on the fifth of February of one thousand
eight hundred and eighty-three.
A Zambrana
F.Alvarez
37

; '
ANNEXlO
NAVAS-CASTRO TREATY OF LlMlTS. SAN JOSÉ, 19 JANUARY
1884.
The Republics of Nicaragua and Costa Rica, encouraged by the desire to put
an end, on the basis of equity and brotherhood, to the differences that exist
in relation to their boundary line, have resolved to enter into a Treaty. To
this end, the President of the Republic of Nicaragua bas designated Don
Vicente Navas, Envoy Extraordinary and Minister Plenipotentiary, and the
President of the Republic of Costa Rica, Doc tor José Marfa Castro, Minister
of Foreign Affairs, who, after having communicated to each other their
respective full powers, found in due form, have agreed upon and concluded
the following articles:
Article 1
The boundary line between the Republics of Nicaragua and Costa
Rica is the right bank of the Colorado River, from its mouth in the Atlantic
Ocean until it separates from the San Juan River, thence it follows the right
bank of that River to a point at a distance of three English miles from the
exterior fortifications of the Castille Viejo; thence it runs along the
circumference of a circle with a radius of three English miles from the
exterior fortifications, and ends on the same right bank of the San Juan
River; thence from this same bank up to a distance of three English miles
from a point on the bank in front of the San Carlos fort; thence it runs along
the circumference of another circle, with a radius of three English miles and
at the center the aforesaid boundary point on the same bank in front of the
San Carlos fort; from there to the mouth of the Frio River, in the Lake of
Nicaragua, following the bank of this river to the mouth of the Sapoa River;
and from this point an astronomie straight Jine extending to the center of
Salinas Bay, demarcated by the intersection of its largest and smallest axis.
Article II
However, until the inter-oceanic canal of Nicaragua is opened to
international traffic, Costa Rica shall not take possession of an area of land
extending from the mouth of the Frio River to the mouth of the Sapoa River,
and two English miles in width, measured from the shore of the Lake.
Article III
The restriction set forth in the foregoing article shall cease if the
Government of Costa Rica builds a railroad line, at its own expense or by
entering into a con tract with any company, connected to the railroad li ne at
39
the port of Limon, and extending to the shore of the Lake, to the bank of the
Frfo river orto the bank of the San Juan river.
Article IV
In the event of the construction of the railroad line indicated in the
foregoing article, the Govemment of Nicaragua reserves the right to set up a
custom-house, with its respective employees and offices, at the starting
point of the railroad li ne, either on the bank of the Lake or at any of the
aforementioned rivers, with the objective of registering any merchandise
which is imported to or exported from Nicaragua through the railroad line
and the port of Limon. To this end, the contracting parties agree that Costa
Rica shall not charge custom duties or other national or local taxes for intransit
merchandise in its territory, and Nicaraguan nationals shall enjoy the
same privileges and franchises granted to or obtained by Costa Rican
nationals in relation to the use of the said railroad line.
Article V
Nicaragua shall execute, on the right bank of the San Juan River and
on the right bank of the Colorado River, hydraulic works and of any other
nature which it considers convenient to improve navigation thereon. If the
course of the waters of the Colorado river is deviated to the San Juan River,
the right bank of the river to a distance of three English miles below the
Castille Viejo, shall be the starting point of the boundary line instead of the
right bank of the Colorado River stipulated in Article 1.
Article Vl
In the zone described in Article II, as weil as on the right bank of the
San Juan River, comprised between the Castillo Viejo and the San Carlos
fort, the tracts of land, franchises and privileges granted by Nicaragua in a
contract entered into with Mr. A. G. Menocal on 24 April 1880 are reserved
for the Canal Company, and the same reservation shall be maintained in
favor of Nicaragua if the aforesaid contract expires and another is entered
into for the same purpose.
Article VII
ln general, the rights acquired by Costa Rica by virtue of this Treaty
do not restrict in any way the freedom of Nicaragua to enter into new
contracts for the purpose of building the Isthmus canal if the contract with
Mr. Menocal expires, but Nicaragua agrees to insure Costa Rican nationals
the same privileges and franchises obtained for Nicaraguan nationals in said
contracts.
40
c-----------------~.•T 'n"o "i'"''" 1'" '"""""'''• ...... C"'"• .--,,~,r;-,.,-,,T""""'-,------· -------------------------
."\::~\ r
·f.:J,\'
Article VIII
For the purpose of performing the necessary measurements, fixing
the boundary line and demarcating it with posts, the Governments of both
Republics shall appoint, within six months after the ratification of this
Treaty, the respective commissions in the manner they may establish by
mutual agreement.
Article IX
Costa Rica shall have the right to build, within the territory of
Nicaragua, the roads which are necessary to import and export its goods
through the Lake ofNicaragua, the Colorado River, and the river and port of
San Juan del Norte, and therefore, shall always occupy the surface of ali the
land comprised within the said roads.
Nothing shall be paid by Costa Rica for exerctsmg the right
prescribed in this article, provided that it uses wastelands for that purpose,
but if it requires any private property, it shall proceed, with the consent of
its owners, or shall request an expropriation in conformity with the laws of
Nicaragua.
Article X
The Salinas Bay in the Southern Sea is common to each of the
Republics and, therefore, the advantages and the obligation to concur to its
defense are also common. And the Republic of Costa Rica shall also concur
to the defense ofthe Bay of San Juan del Norte ifrequired by Nicaragua.
Article XI
Costa Rican nationals have the perpetuai right of free navigation in
the waters of the Lake and of the San Juan and Colorado rivers for internai
and foreign commerce, subject to the same terms and laws as Nicaraguan
nationals, and Nicaragua shaH have eminent dominion and the highest
sovereignty over said rivers and Lake. Further, they shaH have the right to
freely use the bay and port of San Juan del Norte, subject to the same terms
and restrictions as Nicaraguan nationals. For the same purposes and subject
to the same rules, Nicaraguan nationals shall have the same right to navigate
the Sarapiqui, San Carlos and Frio rivers, in that part where the rivers cross
the terri tory of Costa Rica, which shall have eminent domain and the highest
sovereignty over the aforementioned rivers. In recognition to the respective
sovereignty of both Nations, the vessels of one nation entering the waters of
the ether shall hoist, in addition to its own flag, the flag of the other in the
respective place.
41
Article XII
Costa Rican nationals in Nicaragua and Nicaraguan nationals in
Costa Rica shall have the right to exploit the terri tories of bath Repu blies,
especially the territory comprised withi~ the San Juan and Colorado rivers,
as weil as the land along the banks of the Colorado River and the Lake of
Nicaragua, without any restrictions other than those prescribed by law for
the citizens of each of the Republics, respectively.
Article XIII
For no reason whatsoever, not even if the Republics of Nicaragua
and Costa Rica unhappily find themselyes in a situation of war, no act of
hostility between them shall ever be permitted in the port and bay of San
Juan del Norte, or in the San Juan and Colorado rivers, or in the territory
between those rivers and the Lake and the border line, or in the San Carlos,
Sarapiqui and Fria ri vers, or in the Bay' of Salinas, and it is hereby declared
that the violation of this rule shall be corisidered a breach of trust.
Article XIV
This Agreement shaH be ratified and exchanged within fifteen
months from this date. The exchange shall take place at this capital city or at
the capital city of Nicaragua, upon due notice from bath Governments.
ln testimony thereof, the Plenipotentiaries sign this Treaty in
duplicate and affix the ir respective seals, at the city of San José, Costa Rica,
on the nineteenth of January of one thousand eight hundred and eighty-four.
(L. S.) Vte. Navas.
(L. S.) José Ma Castro
After reviewing the foregoing Treaty, the Govemment approves it.
Managua, May 14, 1884.
Cardenas
Minister for Foreign Affairs,
Castel/6n
42
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ANNEX 11
ROMAN-ESQUIVEL-CRUZ, GUATEMALA, 24 DECEMBER 1886.
[Ratifications exchanged at Managua, June 1, 1887.}
(Traslation)
The Governments of the Republics ofNicaragua and Costa Rica desiring to
terminate the question pending since 1871, viz., whether the Treaty signed
by both on the 15th April, 1858, is or is not valid, have named respectively
as PJenipotentiaries: Seèior Don Antonio Roman, Envoy Extraordinary and
Minister Pleni potentiary of Nicaragua to the Government of Guatemala; and
Sefior Don Ascencion Esquivel, Envoy Extraordinary and Minister
Plenipotentiary of Costa Rica to the same Government; who, having
communicated their full powers, found in due form, and in conference with
the Minister for Foreign Aff airs of the Republic of Guatemala, Sefior Don
Fernando Cruz, designated to act as intervener and to interpose the good
offices of his Government offered to the contending parties, and by them
accepted, had agreed to the following Articles:--
ART. I. The question pending between the contracting Governments in
regard to the validity of the Treaty of Limits of the 15th April, 1858, shaH be
submitted to arbitration.
Il. The arbitrator of that question shall be the President of the United States
of America. Within 60 days following the exchange of ratifications of the
present Convention the Contracting Governments shall solicit of the
appointed arbitrator his acceptance of the charge.
Ill. In the unexpected event that the President of the United States shaH not
be pleased to accept the Parties shaH name as Arbitrator the President of the
Republic of Chile, whose acceptance shall be solicited by the Contracting
Governments within 90 days from the date upon which the President of the
United States may give notice to both Governments, or to their
Representatives in Washington, of his refusai.
IV. If, unfortunately, the President of Chi le should also refuse, the
Governments shall come to an agreement for the purpose of electing two
other Arbitrators within 90 days, counting from the day upon which the
President of Chile may give notice to both Govemments, or to their
Representatives in Santiago, of his refusai.
43
V. The arbitration shall be conducted in this manner:
Within 90 days of the notification to the Parties of the acceptance of the
arbitration, the allegations and documents shall be produced.
The Arbitrator shaH communicate the counter~allegations to the
Representative of each Government within eight days of their being
presented, in order that they may be answered within the 30 days following.
The Arbitrator shall give his decision, in order that it be valid, within six
months from the date that the time expires for the presentation of answer to
allegations, whether these be presented or not.
The Arbitrator may delegate his duties, provided this does not interfere
directly with the giving of his decision.
VI. If the decision of the Arbitration declares the validity of the Treaty, the
same award shall declare whether Costa Rica has the right to navigate the
River San Juan with ships of war or revenue beats. Also the decisions
aforesaid shall, in case of the validity of the said Convention, decide the
ether points of doubtful interpretation found by either of the Parties in the
Treaty, and communicated to the othee Party within 30 days form the
exchange of the ratifications of this Convention.
VII. Whatever the decision of the Arbitration be, it shall be held to be
obligatory between the Contracting Parties. No other recourse shall be
admitted, and it shaH into force 30 dàys after it has been communicated to
both Governments orto their Representative.
VIII. If the Treaty is declared invalid both Governments shall, within one
year form the date for the receipt of the notification, come to an
understanding on the demarcation of the boundary~line of their respective
territories. If this understanding is not possible they shall conclude in the
following year a Convention to submit the question of limits of both
Republics to the decision of a friendly Government.
From the time the Treaty is declared invalid, and whilst there is not
agreement between the Parties of there is not decision fixing the rights of
both countries, those established by the Treaty of 151
h April, 1858, shall be
respected.
44
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IX. Pending the decision on the validity of the Treaty, the Govemment of
Costa Rica consents to suspend the fulfilment of its Agreement of the 161
h
March last relative to the navigation of the River San Juan by a Govemment
steamer.
X. In case the Arbitration decides that the Treaty of Limits is valid, the
Contracting Governments shall, within the 90 days following the
notification of this decision, name four Commissioners, two each, who shall
take the proper measures with reference to the line of the demarcation set
forth in Article II of the said Treaty of the 15th April, 185 8.
These measures and the demarcation to which they refer, shaH be done
within 30 months form the date of the naming of the Commissioners.
These Commissioners shall be allowed to depart form the line laid down in
the Treaty one mile in order to lay down natural lines or !ines more
distinguishable, but this deviation shall only be allowed when ali the
Commissioners are of one accord as to the point or points to be substituted.
Xl. This Treaty shall be submitted for the approbation of the Executive and
Congress in both the Contracting Republics, and the ratifications shall be
exchanged in Managua or San Jose de Costa Rica the 301
h June next, or
earlier if possible.
In witness whereof the Plenipotentiaries and Minister of Foreign Affairs of
Guatemala have signed and sealed the same in Guatemala, the 24th day of
December, 1886.
45
(L.S.) J. ANTONIO ROMAN
(L.S.) ASCENCION ESQUIVEL
(L.S.) FERNANDO CRUZ

ANNEX12
GUERRA-CASTRO TREATY OF .LIMITS. MANAGUA, 23
DECEMBER 1890.
The President of the Republic, toits inhabitants, rnakes known:
That Congress has ordered the following:
"The Senate and the House of Representatives ofthe Republic ofNicaragua
DECREE:
Sole: The Treaty of Limits between Nicaragua and Costa Rica,
signed by their respective Plenipotentiaries on 23 December 1890,
consisting of nine articles, is approved, the text of which reads as follows:
The Republics of Nicaragua and Costa Rica, being anirnated by the
desire to give due compliance, in a friendly manner, to the Treaty of 15
April 18 58 and arbitral a ward of the President of the United States of
America, issued at Washington on 22 March 1888, and taking into account
the difficulties which have not pennitted, within the time period prescribed
in Article 1 0 of the Arbitration Convention signed at Guatemala on 24
Decernber 1886, the implementation of the measurements and demarcation
set out in paragraph two of the aforesaid article, have resolved to conclude
ail matters conducive to the realization of said desire. For this purpose, the
President of the Republic ofNicaragua has appointed his Plenipotentiary, D.
Benjamin Guerra, Minister of Foreign Affairs, and the President of the
Republic of Costa Rica, D. José Maria Castro, who having communicated to
one another their full powers, found in good and due fonn, have agreed
upon the following articles:
Article I
A second period of thirty months, beginning on next January 1, is fixed to
carry out the measurements and demarcation prescribed in Article 3 of the
Treaty of 15 April 1858 and in Article 10 of the Convention of 24
December 1886.
Article II
The Commissioners appointed by the Governments of Costa Rica and
Nicaragua to carry out the demarcation of the boundaries between the two
47
Republics, according to the provisions of the Treaty of 15 April 1858 and
the Arbitration Convention signed at the city of Guatemala on 24 December
1886, will proceed to its implementation on the Atlantic side, tracing a
straight line, beginning at a point on the coast in front of the sea, two
hundred meters east from the seawall being built by the Canal Company,
and ending at the extremity on the right bank of the nearest stream of the
San Juan River. From this point, the liné shall continue along the right bank
of the same stream up to the right bank of the Ânimas stream and that of the
San Juan River, until it reaches the point. indicated in the Treaty of 1858.
The two hundred meters mentioned in the first part of this article shall be
measured from the coast, as it is on the date when the demarcation of the
boundaries begins and in such way that the line defining the aforesaid two
hundred meters forms a straight angle ~ith the seawall.
The Commissioners shall fix the departure point on the coast in front of the
ocean through coordinates.
Article III
To avoid any difficulties in the future regarding accretions in the territory
that belongs to Nicaragua, to the east of the seawall, it is stipulated that, in
such case, a straight line shall be traced from the starting point of the
dividing line towards the true North, and ali the land located west of said
straight line shall belong to Nicaragua.·
Article. IV
For greater clarity, a reduced copy of the map of the San Juan del Norte Bay
drawn up by the engineers of the Canal Company in December 1888 shall
be attached to this Treaty. This map shall serve as a guide for the
Commissioners of both Republics in tracing the dividing tine, which is
marked with a red line for identification purposes.
Article V
Nicaragua shall have the right to navigate on Harbor Head Bay and on that
part of the Animas stream which is located in Costa Rican territory and
flows out into the aforesaid Bay, in the same terms that Costa Rica bas the
right to navigate on the San Juan River, up to a point three miles below the
Old Castle.
Article VI
Being of great importance for the two friend and brother States that the
population of one State cornes as close as possible to the population of the
ether State for greater respectability, linkage of interests and mutual
48
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assistance, it is stipulated that if Costa Rica does not obtain, in its opinion, a
competent extension of the coast at the Bay of San Juan del Norte, which is
common to the two Republics~; by interposition; at any time, of the land that
according to this Convention should belong to Nicaragua, and it makes it
difficult to load and unload all classes of merchandise, Costa Rica shall have
the right, so that it bas coastal access, as both Republics desire, to freely use
that portion of land between the San Juan Bay and the right bank of the
stream that is next to the starting point of the dividing line. This right shall
be exercised over a surface limited in all its extension by two parallellines,
two hundred meters a part from each ether. The purpose of the aforesaid
right of use is to transport, Joad and unload all kinds of merchandise,
without restriction, build railways and wharves; establish offices,
commercial stores and residential bouses, which shall be subject, as weil as
the persans who inhabit this tract of land, to the jurisdiction and laws of
Costa Rica. The aforementioned right shall not terminale, unless it is
necessary to excavate the land for any expansion of the port, in which case
Costa Rica shall have coastal rights within its own territory.
Article VII
So that Nicaragua has sufficient space of non-rocky coast at Salinas Bay for
loading and unloading ali kinds of merchandise, it is stipulated that the
dividing line between both Republics on that side shall begin at a point on
the Sapoâ River, as determined in the aforesaid award, and rather than
continuing to the center of the Salinas Bay, as provided in the Treaty of 15
April 1858, it shall end at another point on the coast, two nautica1 miles
from Punta Mala towards the southeast.
Article Vlll
These stipulations shall not modify the rights of either of the two parties in
the hays of San Juan del Norte and Salinas.
Article IX
This Convention, upon approval by the Executive branch of each of the
contracting Republics and ratification by their respective Congresses, shall
be exchanged at this capital city, within sixty days from the last ratification.
In witness of ail the stipulations made in the foregoing nine articles, we, the
Plenipotentiaries of Nicaragua and Costa Rica, sign this Treaty in duplicate
and affix thereunto our respective seal at the city of Managua, on the
twenty-third of December of the year one thousand eight hundred and
ninety. Benjamin Guerra. José Ma. Castro. The Government: Having
reviewed the foregoing Treaty, it is approved. Managua, 24 December 1890.
Sacasa. Minister of Foreign Relations. Guerra.
49
Done at the Assembly Hall ofthe Senate. Managua, 11 November 1891.
Alejandro Argüello, S.P.
Jorge Bravo, S.S.
Franco. L6pez G., S.S.
50
ANNËX 13
MA TUS-PACHECO-LAINFIEST A .PRELlMINARY TREA TY OF
PEACE. 26 APRIL 1898.
The National Legislative Assembly
DECREES
Sole. The Peace Treaty concluded between the Greater Republic of Central
America and Costa Rica is hereby ratified, with the modifications set forth
therein:
In neutra! waters of the Pacifie Ocean, aboard the U.S. warship "Alert",
generously offered for the occasion by His Excellency Mr. William L.
Merry, Plenipotentiary Minister of the United States of America to the
Government of the Republic of Costa Rica, and finding themselves at Cabo
Blanco, 9° 26' 45" latitude North and 85° 03' 30" longitude East, the
undersigned, Manuel Colonel Matus, Plenipotentiary of the Greater
Republic of Central America; Ricardo Pacheco, Plenipotentiary of the
Republic of Costa Rica; and Francisco Lainfiesta, arnicable mediator and
Plenipotentiary of the Republic of Guatemala, having exchanged and
examined their respective Full Powers and found them to be in due form,
make known in the most solemn terms that the respective parties having
stipulated previously their wish to amicably settle the disagreements that
unfortunately have arisen between the Republic of Costa Rica and the
Government of Nicaragua, which forms part of the Greater Republic of
Central America, and that have led to the imminent danger that war might
break out between them, a deplorable situation from any standpoint; and
both being willing to achieve the civilizing and honorable aims which have
caused the present meeting to take place, formulate and agree the following
points of brotherly and peaceful agreement, by virtue of which from this
moment onwards the contending parties cease and desist from any hostile
intent by means of weaponry, and reestablish the good intelligence and
harmony in which it is fit to exist, for the good of these sister peoples and
the honor of Central America. The two countries therefore declare and
agree:
Article 1
The Greater Republic of Central America and the Republic of Costa Rica,
respectively, in deference to the friendly plea interposed by the Government
of Guatemala and the just claim of the general interests of Central America,
51
no less than the advantages to the sister peoples of Nicaragua and Costa
Rica, today in disagreement, freely accept the recourse of a peaceful and
amicable covenant that brings to an honorable conclusion the conflict that
has led them to take up weapons.
Article II
Accordingly, the forces of both parties stationed on the border, with the
exception of the small garrisons established also in times of peace, shall be
simultaneously concentrated and licensed by both Governments, as soon as
and on the day on which the mediating Minister so determines and upon his
return to land makes known by telegraph the conclusion and signing of this
Agreement. This act carries implicit that the two peoples shall return to their
normal state of tranquility and the cultivation of their relations, temporarily
interrupted by the menace of war.
Article III
Having taken recourse to the civilized and cultured means of arbitration,
which even warlike peoples recommend when seeking to settle international
disputes, the High Contracting Parties agreed to submit their mutual
complaints and claims to the decision of a tribunal made up of three Central
Americans citizens, one appointed by the Greater Republic of Central
America, one by the Republic of Costa Rica, and a third by the Republic of
Guatemala, the latter in the role of peaceful mediator.
Article IV
The aforementioned arbitrators shaH meet in the capital of the Republic of
Guatemala within a period not to exceed one month upon the ratification of
the present Agreement by both parties, for the purpose of conveniently
organizing and proceeding to the compliance of their commission, adjusting
the arbitration procedures to the following rules:
1. Wîthin one month following the date of establishment of the Arbitration
Panel, the contracting Parties shall present, through their representatives,
their respective detailed complaints and daims in writing;
2. On the date of expiration of the term referenced in the foregoing rule, the
Arbitrator shall deliver to the representative of each Signatory Party a true
copy of the demands submitted by the other Party so that it may file an
answer within one month;
3. Upon lapse of said term and presentation or non-presentation of the
answers, the Panel shall grant the Parties a one-month term to submit the
evidence of the facts as may be required;
52
4. Upon expiration of said term arid'''~ithin the next two months, the Panel
shall render its decision;
'L •1~
5. At the request of any of the Parties or ex-officie, the Arbitration Panel, at
any stage of the process, may request either of the Parties to provide any
documents, data or reports that may be required or deemed convenient.
The Panel, in agreement with both Parties, may reduce or increase the
indicated terms, for the purpose of concluding the proceeding at an earlier
date or better clarizying the facts.
Article V
The claims made by either of the Parties, regardless of their nature and
scope, shall be freely submitted to the consideration and decision of the
Arbitration Panel, in accordance with the Law ofPeoples, in such terms as it
deems fair and equitable.
Article VI
Both Parties declare that no claims shaH be submitted to the Arbitrator
regarding the boundary questions that were resolved in the Treaty of 15
April 1858, in the arbitral award of President Cleveland, or in the San
Salvador Convention of 1896.
Article VII
The Arbitrators shall hear and render a decision acting as arbitrators and
amicable compositeurs, taking irrto account the benevolence with which the
annoying incidents that have occurred between brothers should be treated
and the benefits of an immediate settlement, dictated by the amity that
should prevail over the common interests of Central America.
Both contracting Parties undertake in the most formai and solemn manner to
faithfully observe and comply with the arbitral decision as may correspond
to each one, without making any claims of any nature.
Article VIII
A definitive Peace and Amity Treaty shall also be entered into in Guatemala
City, within the ti me frame set by the interested Governments, between the
Plenipotentiaries of the Republic of Costa Rica and the Greater Republic,
one from each party, and a third to be appointed by the Government of
Guatemala and who shall act as mediator. The aforementioned Treaty shall
stipulate ali of the conditions and commitments the parties see fit to agree
upon for the purpose of ensuring between the people of Costa Rica and
Nicaragua, in a stable and solid fashion, that cordial intelligence serves to
53
dispel ali reasons for disagreement, with the aim that the peace and quiet
which both are called upon to enjoy, are not altered again as has recently
occurred. ln addition, this definitive treaty shall include a solemn
commitment by both peoples to renounce to the use of arms for settling their
disputes before having first appealed to the beneficiai recourse of
arbitration.
Article IX
The Plenipotentiary Mediator in representation of Guatemala undertakes to
request that his Government act as guarantor of the faithful compliance of
the obligations assumed by each Party under said Treaty.
Article X
This Agreement shall be submitted immediately to the ratification of the
legislatures of the States of Nicaragua, Honduras and El Salvador, for the
purpose of obtaining the approval of these High Bodies as regards the
submission of the respective complaints and claims to the decision of an
arbitrator, so as to proceed without delay, once said higher authorization is
issued, to comply with the provisions set out in the respective articles of this
Treaty.
Article XI
The representatives of the Greater Republic of Central America and the
Republic of Costa Rica, on behalf of their Governments, express their
gratitude to the Government of Guatemala for its efficient cooperation in the
amicable agreement reached by the parties, as weil as to its worthy
representative, the Honorable Minister Doctor Francisco Lainfiesta, who has
so nobly interpreted the fraternal sentiments of his mission.
In witness whereof, and in full agreement, we hereby sign and seal three
identical copies, as stated above, aboard the U.S. Navy warship "Alert", and
in the presence of its Captain E. H. C. Leutze, who also sets his signature,
certifying the position of the ship in neutra! waters of the Pacifie Ocean, at
four in the afternoon on the twenty-sixth day of April of eighteen hundred
and ninety-eight.
(L. S.) M.C. Matus
(L. S.) Ricardo Pacheco
(L. S.) Franco. Lainfiesta
(L. S.) E. H. C. Leutze, Commander
54
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Managua, 2 May 1898
(' ..
Having seen the Peace Preliminaries signed at four o'clock in the afternoon
of the twenty-sixth day of April past, aboard the U.S. Navy warship "Alert",
in neutral waters of the Pacifie Ocean by Doctors Manuel Colonel Matus
and Ricardo Pacheco, respectively the Ministers Plenipotentiary for the
Greater Republic of Central America and of Costa Rica, and Mr. Francisco
Lainfiesta, Envoy Extraordinary and Minister Plenipotentiary of Guatemala,
the mediating power, for the purpose of reestablishing good intelligence and
setting the means by which to resolve the difficulties that have arisen
between the former; and having found that the aforementioned preliminaries
are in full accordance with the instructions given to Minister Matus to that
end, the Congress agrees to extend its full approval.
Given in the Sessions Hall- Managua- 25 May 1989.
Carry out. - National Palace - Managua, 26 May 1898.
J.S. Zelaya
Minis ter of foreign Affairs
Erasmo Calderon.
55
Rafael Reyes
Pedro H. Bonilla
E. Mendoza
Alejandro Baca D.P.
L.R. Mairena D.S
Gabriel Rivas D.S.
----------------
ANNEX 14
ZEPEDA-JUÂREZ-WHITE CANALIZATION CONTRACT. LEON,
27 AUGUST 1849.
LEON, 1849
Ministzy of Foreign Home Affairs
of the S.D. of the State ofNicaragua,
D.U.L.
Government House: Santiago de Managua
September 26, 1849
Mr. Prefect of the Department:
The President of the State bas sent me the following decree.
"The Director of the State of Nicaragua to its inhabitants:. Whereas
the extraordinary Legislative Assembly bas decreed the following: The
Senate and House of Representatives of the State of Nicaragua, assembled at
an extraordinary session,
DECREE:
ARTICLE l. The manhme canalization contract concluded and
signed in the city of Leon on the twenty~seventh of August last by
Licentiates Hermenejildo Zepeda and Gregorio Juarez, Commissioners of
the Governrnent of the State, and Mr. David L. White, representative of the
North American Company, is ratified, the text ofwhich reads as follows:
"The Supreme Director of the State of Nicaragua and the AtlanticM
Pacifie Maritime Canalization American Company, made up of Messrs.
Cornelius Vanderbilt, Joseph L. White, Nathaniel H. Wolfe and their
partners, ali citizens of the United States, being desirous of concluding the
terms of a contract that facilitates transit through the isthmus of Nicaragua,
from the Atlantic to the Pacifie Ocean, through a maritime canal or railroad,
have resolved for that purpose to appoint Commissioners, to wit: The
57
Supreme Director of the State of Nicaragua, Licentiates Hermenejildo
Zepeda and Gregorio Juarez, and the aforementioned Company, Mr. David
L. White, conferring upon them full powers to conclude and sign a contract
for the aforesaid purpose, who, after exchanging their powers, have agreed
upon the following articles:
ARTICLE 1
The State of Nicaragua grants to the Company the exclusive right and
privilege to build a maritime canal through its territory, at its own expense
and through a single route, from the port of San Juan de Nicaragua, to any
other more feasible point on the Atlantic, to the port of El Realejo, the Gulf
of Amapala or Fonseca, Tamarindo, San Juan del Sur, or any other point on
the Pacifie ocean that the Company's engineers designate, using the San
Juan River, Lake Nicaragua, Tipitapa River, Lake of Leon, or any ether
rivers, waters or lands located within its territory, with the objective of
uniting the two oceans and making use, for its construction and navigation,
of the rivers, lakes, bodies of water and wastelands or private properties.
The State further grants in like manner to the Company the exclusive right
to dispose of, manage, and administer the canal based on the following
articles:
ARTICLE 2
The dimensions of the canal shall be those that are necessary for transit of
ali types of ships, and the place where it shall flow into the Pacifie, iftwo or
more places are practicable, according to the decision of the engineers, shaH
be chosen to meet the best interests ofthe State and the Company.
ARTICLE 3
The Company undertakes to build at its own expense, at the ports situated
on the extremities of the canal, customs bouses with the necessary capacity
for use by the State and the Company.
ARTICLE 4
The exclusive rights and privileges granted by the State to the Company in
thé present contract shall be enjoyed during a fixed term of eighty-five
years, counted from the date that the canal is built and put in operation.
ARTICLEs·
By virtue of the present contract, the Company agrees to pay to the State for
this concession the following sums ofmoney, to wit: 1. Ten thousand pesos
in an order of payment against the Company at the city of New York, as
soon as the contract is ratified by the State Legislature; 2) Ten thousand
pesos upon the expiration of one year, counted from this sarne date; and 3)
58
~ tt:t 1 ,.
Ten thousand pesos on each subsequent year until the canal has been
completed. The aforesaid sums shall be paid to the State in the city of Leon,
or in New York City, as the State may choose. Likewise, the Company
makes a free donation to the State of two hundred thousand pesos in
Company shares, which shall be delivered to the State as saon as the
certified shares are distributed by the Company.
ARTICLE 6
The State shall receive for its share in the canal's incarne, once it is in
operation, the following interests: twenty percent of the annual net incarne
during the first twenty years, after deducting an annual interest of seven
percent for the capital employed in the construction; twenty-five percent of
the annual net incarne during the following years, after deducting seven
percent, until the full term stipulated in the present contract expires.
Likewise, the State shaH receive ten percent of the net incarne, without any
deduction of interest, for any route that the Company establishes between
the two oceans, whether by railroad or carriage, or by any other means of
communication, during the twelve years granted in the present contract for
the construction of a canal.
( ... )
ARTICLE 17
The Company agrees to transport through the Canal ali passengers, goods,
merchandise and materials of any description that are entrusted to it, and
further stipulates that the canal shall serve for the transit of vessels from ali
nations, subject to fixed and uniform rates established by the Company.
ARTICLE 18
The Company shall establish fees or toUs for the transport of passengers,
goods, merchandise and property of any description, and for all types of
vessels passing through the canal, which fees and tolls shall enter into force
as soon as they are communicated to the Government of Nicaragua, which
shall be bound to approve them within eight days from the date of receipt.
At the sarne time, with the objective of drawing the broadest business to this
route, the Company agrees to fix the aforementioned fees and tolls at the
lowest priee possible in accordance to the mutual interests of the State and
the Company, and if the Company decides, at any given time, to change
such fees and tolls, it shall be bound to notifY such decision, not Jess than
six months in advance, on the public newspapers of the State of Nicaragua,
and at the major port cities of the United States.
59
ARTICLE 19
The transit fees and tolls for products and goods originating from the State
of Nicaragua and neighboring States shall be fixed at a more favorable rate
agreed by the State and the Company.
ARTICLE 20
The State grants to ail the Company's steamships and sailboats, during the
!ife of this contract, the right to enter and leave its ports, either on the
Atlantic or Pacifie, or in its inland rivers and bodies of water, and use
thereof, free of ali fees and toUs, for example, anchorage, tonnage, etc.
( ... )
ARTICLE23
The exclusive right acquired by the Company under this contract to navigate
on the lakes, ri vers and waters of the State with steamships, from one sea to
the other, shall be understood not to preclude natives from free inland
navigation on sailboats or any other type of vessels other than steamships.
( ... )
ARTICLE 25
The Company shaH carry on any of its steamships or sailboats navigating on
the canal route, ali official State correspondence, free of charge. In
consideration thereof, the State agrees not to impose or collect any charges
or fees on any Company correspondence.
( .. :)
ARTICLE27
The State of Nicaragua, with the objective of facilitating the colonization of
the land next to the San Juan River, the canal to be built thereon and
adjacent confluent and affluent rivers, makes a free donation to the
Company of eight stations, or sections of land, situated at such points on any
bank, or on both banks of the ri ver or canal that the Company chooses, each
section eight English miles in width, measured from the edge of the canal or
river to the interior. The State further grants to the Company the right to
transfer the lands comprised therein to the possession of settlers or any
person or persons who wish to settle thereon.
These sections of land are granted under the following conditions: l) They
shall be chosen by the Company in such way that they are at !east three
English miles apart from each other; 2) None ofthem shall be chosen within
60
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a distance of four and a half English iniles from the mouth of the San Juan
River; 3) The State reserves its right over those points that are necessary for
military fortifications and public buildings; 4) The lands granted may not be
transferred to settlers until six months have lapsed after the reconnaissance
of the canal route begins; 5) The State reserves its eminent domain and
sovereignty over said lands and its habitants; and 6) These lands may not be
transferred to any Government.
( ... )
ARTICLE 30
The Company shall have the exclusive right to build railways, carriage
roads and bridges, and to set up boats and steamships on said rivers and
lakes as necessary adjuncts for promoting the construction of the canal, but
the Company hereby stipulates and agrees, if the construction and
conclusion of the canal, or any part thereof, is not possible as a result of the
occurrence of any act of God or inevitable accident, to build a railroad, a
carriage road or a means of communication by water between the two
oceans, if possible, within the same period stipulated for the construction of
the canal, subject to the same terms, conditions, regulations and restrictions
as may be applicable.
( ... )
ARTICLE 32
The State also agrees to protect and defend the Company with respect to the
full enjoyment of the rights and privileges granted thereto under this
contract, and also agrees not to grant or contract to any Governrnent,
individual, or any other company the right to build a maritime canal,
railroad, or any other inter-oceanic route through its territory, or the right to
navigate on the rivers and Iakes occupied by the Company for steamships,
as long as this corrtract remains in force. However, if this contract ceases to
have effect, then the State shall be free to contract any other individuals or
companies, as it may deem most convenient.
( ... )
ARTICLE 36
It is expressly stipulated by the State ofNicaragua that ali vessels, products,
manufactured goods and citizens of ali nationalities shall be allowed passage
through the canal (proposed to be built through the national territory),
subject to the same duties and taxes established in respect of the United
States, provided that said nations sign the treaties, stipulations and
61
guarantees hereinafter made between the State of Nicaragua and the United
States with respect to the canal.
( ... )
In witness whereof, we, the respective Commissioners, sign and seal this
contract in triplicate at the city of Leon of the State of Nicaragua this
twenty-seventh day of August, in the year of our Lord one thousand nine
hundred and forty-nine. Hermenejildo Zepeda. Gregorio Juarez. David L.
White.
ARTICLE 2: The present Contract shall also be ratified by the
Representative of the Company, Mr. David L. White, who is fully and duly
authorized for this purpose. Upon approval by the Executive branch, it shall
be published and considered as a law of the State.
Done at the Sessions Hall of the House of Representatives in
Santiago de Managua on this twenty-second day of September of 1849.
Apolonio Orozco, R.R. Santiago Solorzano, A.R. Rosalia Cortez, A.R. To the
Executive branch, Senate Hall, Santiago de Managua, September 25, 1849.
Jesus Robleto, R.S. Liberato Cortes, A.S. Toribio Tenin, A.S. Therefore:
Execute. Santiago de Managua, September 26, 1849. Norberto Ramirez, To
Licentiate Sebastian Salinas, Secretary ofState at the Department of Foreign
Affairs.
And by Supreme Order, I hereby transcribe it for your knowledge
and other purposes.
Salinas
The present contract having been duly ratified by the Legislature of
the State of Nicaragua, now, for this reason, I, David L. White,
Commissioner on behalf of the U.S·. company Atlantic Pacifie Maritime
Canal Company, vested with full powers conferred upon me by the parties
for this purpose, hereby accept, ratifY and confirm said contract, and each of
the clauses and articles set out therein. In witness whereof, 1 have hereunto
set my hand and affixed my seal. Done at the city of Managua, on this
twenty-sixth day of September in the year of Our Lord, one thousand eight
hundred and forty-nine. (Seal) David L. White
Norberto Ramirez, Supreme Director of the Republic of Nicaragua
in Central America, whereas the Legislative branch of the Republic decreed
yesterday, and the Executive branch sanctioned today, the solemn
62
< . ''
~ F~ .' 1
.. j''·:·
ratification of the contract for the construction of a maritime canal from the
Atlantic to the Pacifie, which was signed on 27 August last by the
Commissioners of the Supreme Government and the Representative of the
Company of the United States of America, Mr. David L. White, therefore,
DECREES:
Sole Article: The Republic of Nicaragua accepts, ratifies and confirms each
and every article in this contract. Therefore: publish, execute and circulate
as a law of the State, delivering this signed copy to the above-named
representative of the aforementioned Company, who bas also delivered a
signed copy, du! y ratified, to the Secretary of State at the Department of
Foreign Affairs.
Done at Santiago de Managua in the House of Govemment; sealed
with the seal of the Republic, and initialled by the undersigned Secretary of
State and the Department of Foreign Affairs, on this twenty-sixth day of
September of one thousand eight hundred and forty-nine. (Seal) Norberto
Ramirez. To Mr. Sebastian Salinas, Secretary of the Department of Foreign
Affairs.
63

ANNEX 15
IRISARRI-STEBBINS CONTRA CT. NEW YORK, 19 JUNE 1857.
The President of the Republic of Nicaragua to its inhabitants: Whereas the
Constituent Assembly bas decreed the following:
The C. A. of Nicaragua, in use of the full powers conferred upon it by the
people of the Republic,
Decrees:
Article 1
Each and every part of the contract adjusted on 19 June last between Mr.
Antonio José de Irisarri, Envoy Extraordinary and Minister
Plenipotentiary of this Republic, and Mr. H.G. Stebbins, Chairman of the
American Atlantic-Pacifie Canal Company, and approved by the
Government on 27 July last, is hereby ratified, which literally reads as
follows:
Given that our highly esteemed Don Antonio J. Irisarri, Envoy
Extraordinary and Minister Plenipotentiary of this Republic, near to the
United States of America, by virtue of the powers granted, bas
concluded, decreed and signed an agreement at New York on 19 June last
with Mr. H. G. Stebbins, President of the American Atlantic-Pacifie
Canal Company, regarding transit through the terri tory of this Republic
and through an inter-oceanic railroad, which literally reads as follows:
Agreement between the Republic of Nicaragua, through its Envoy
Extraordinary and Minister Plenipotentiary to the United States, and the
American Atlantic-Pacifie Canal Company. Whereas the Supreme
Government of Nicaragua signed a contract on August 27, 1849, through
its Commissioners Hermengildo Zepeda and Gregorio Jmirez, with the
American Atlantic-Pacifie Maritime Canal Company, which was ratified
by the Congress of the Republic of Nicaragua on September 22, 1849,
amended on March 9, 1850, ratified and confirmed by the Congress of
sai d Re pub 1 ic, and by decree of the S upreme Director on April 11 , 1 8 50.
And whereas the dimensions of the maritime canal to be opened by the
referred company were defined and stipulated in Article 2 of the referred
contract. And whereas it has been ascertained and determined through
detailed and complete surveys carried out by competent engineers that a
65
canal of the dimensions stipulated in the mentioned article cannot be
constructed because the bottom of Lake Nicaragua is not sufficient.
And whereas, pursuant to Article 30 of said contract, the mentioned
Company is obligated to construct and establish a railroad and water
communication route between the two oceans in the event that the
construction of the canal was impossible due to the reasons or causes
mentioned herein.
And whereas it is desirable to establish a railroad and water
communication route as soon as possible in such advantageous terms for
both the Republic and the Company.
The Republic and the Company have agreed upon the following
modifications and additions to the referred contract:
Art. 1. The Company is released from the obligation to construct the
canal, but in its stead, the Company shall establish through the territory
of the Republic, between the two oceans, a water communication route
and railroad within two years from the last ratification of this contract by
the competent authorities of Nicaragua. Said communication route and
railroad shall be established and constructed as provided in Article 30 of
the aforementioned original contract, under the same terms and subject to
the same conditions, regulations and restrictions stipulated therein,
except those that could be changed, modified or deleted by this contract.
The water communication route shall run through the San Juan River and
Lake Nicaragua, and the railroad shall be .constructed from said lake to
the Pacifie.
Art. 2. Article 6 of the original contract is deleted and rescinded and, in
its stead, the following shall be inserted, viz: The State shall receive one
dollar and fifty cents, legal tender of the United States of America, or its
equivalent in the currency of Nicaragua, for each adult passenger carried
by said company through the State; and seventy-five cents, legal tender
of the United States of America, or its equivalent as stated above, for
each passenger under fourteen years of age, who is also carried in the
same manner by the Company. These sums shaH be paid at the point of
transit in Nicaragua or in New York, and at su ch times as that
Government may designate. And for the purpose of accurately
ascertaining the number of passengers carried, two copies of the list of
passengers shall be scrupulously prepared for each voyage and upon the
arrivai of each steamship to any Nicaraguan port, said copies shall be
delivered to the employees hired by the company to operate the
66
, 1,! l ~r·Ï'';r,, ~ -~~ : ·'T ·T- ~:··'
·.' ;i·
.,
l rt· ~. steamships, or upon demand to the' âùly authorized officer or agent of the
Government of Nicaragua. And the State in any case shall designate a
person who shall have the right to board any of the steamships or other
vessels of the Company, and to visit any of its offices and inspect the
original passenger lists and any documents containing information on the
number of passengers transported by said company. This article shall be
applied to ali passengers transported by the company through the carriage
roads and water communication route during the two years granted for
the construction of the railroad.
Art. 3 The company shall not transport any passenger to the Republic of
Nicaragua, or receive money for fares or sell fares to any person who
intends to stay in the State except for those persons or passengers who bear
a passport or written permit signed by the consul or other agent designated
by the State of Nicaragua who resides at the port of origin. This obligation
shall be extensive to persons and passengers who do not stay in the territory
of the State, and are in transit as part of the ir en tire voyage and are travet ing
from one port to another port of the United States of America, said civil
servants of the United States of America or Nicaragua, or bona fide agents
or officers of the company. Given that the purpose and intent of this article
is to prevent the carriage and disembarkation in Nicaragua of those persons
who would be hostile to that State, the company commits that each and
every company employee, officer and agent shall strictly comply with the
provisions of this article. And if any persan, without the knowledge of the
company, or of the officers in charge of the steamships, secretly boards any
of the steamships and is not discovered until such steamship has departed,
said person shall not be allowed to disembark in Nicaragua without the
permit from the competent authority of said State, and if said permit were
refused, said person shall be retumed to the port of origin.
Art. 4 In the event that said State was invaded by any public enemy or
other, the steamships of the company may be used by the Government of
Nicaragua to transport troops, ammunitions and supplies upon request to
the authorities.
( ... )
67

ANNEX16
WEBSTER & HARRIS -ESCALANTE CONTRACT. SAN JOSÉ, 14
JULY 1857.
Don Rafael G. Escalante, Minister of Finance of the Supreme Govemment
of the Republic of Costa Rica, authorized by H.E. the President of the same,
and Messrs. William Robert Clifford Webster, a British subject, and Israel
Chapman Harris, a citizen of the United States of America, have agreed to
enter into a contract under the following terms:
Art. 1. Having appeared Messrs. Webster and Harris before H.E. the
President of the Republic of Costa Rica, with the objective of obtaining a
concession for exclusive transit rights of passage, via water and land, across
the isthmus of Nicaragua, through the San Juan river, Lake Nicaragua, and
from the Sapoa river to the bays of Salinas or La Virgen to San Juan del Sur
in the Pacifie Ocean and, vice versa, to Punta de Castilla in the Atlantic
Ocean, as weil as the exclusive right of steam navigation in Lake Nicaragua.
Notwithstanding the foregoing, the Government of Costa Rica bas the right
to permit steam navigation in the San [Juan] river up to the Old Castle, the
river San Carlos and Sarapiqui, for the internai trade of the country. The
aforementioned Webster [and] Harris, who believe they have a right of
transit, the former by virtue of a concession from Costa Rica, and the latter
on the part of the Government of Nicaragua, have agreed to amicably settle
their opposed rights of transit by jointly entering into the present contract,
and notwithstanding that the Government of Costa Rica is oblivious to any
acquired rights over the property of transit, both those alleged by Mr.
Webster, as well as by Messrs. Charles Morgan and sons, ofwhich company
Harris is a partner, both because the contract of Webster was not fulfilled
and because the Government of Costa Rica cannot recognize the rights
alleged by the aforesaid Charles Morgan and sons; in any case, the
Government of Costa Rica agrees to enter into a new contract with Messrs.
W. C. R. Webster (Harris) and J. C. Harris, their heirs, executors or
assignees, for a period of fifty years, counted from the date of this
instrument, for an exclusive right of transit and the privilege to cross the
Isthmus of Nicaragua, via water and land, from Punta de Castilla in the
Atlantic Ocean and the San Juan river, Lake Nicaragua, and the Sapoa river,
to the Bay of Salinas and San Juan del Sur, through Lake Nicaragua, the
Sapoa and San Juan ri vers, to Punta de Castilla in the Atlantic Ocean.
69
2. The Governrnent of Costa Rica grants to Messrs. Webster and Harris,
their heirs, executors or assignees, for the same period, the exclusive right of
steam navigation in Lake Nicaragua and in the San Juan river.
3. The Government of Costa Rica grants to Messrs. Webster and Harris,
their heirs, executors or assignees, fOr the same period, the exclusive right to
transport on the indicated routes, via. water and land, at such priees as they
may deem convenient, passengers, [mail pouches], gold bars or coins,
merchandise, or any other articles, free of duties or charges of any kind.
4. lt is prohibited to pass through the transit (route) arnmunition, gunpowder
or war elements, except for rifles and. weapons for private use, and owned
by the passengers traveling on board sàid vessels, but said weapons must be
packed to cross the route via water and land, unless the Governments of
England and the United States guaran~ee the neutrality and security of said
transit, in which case passengers '(pay carry their weapons, in the
understanding that, upon passing in front of El Castillo, they may not carry
them and would pass packed, or else the rapid streams would flood the
steamer.
5. The Government of Costa Rica grants, assigns and transfers to the
aforesaid Messrs Webster and Harris, · their heirs or assignees, ali the
property, movable and immovable, that said Government [apprehended] in
the aforesaid route, which consists or' steamers, machinery, shops, bouses,
galleys and materials belonging to . ~Morgan and Garrison, which the
Governrnent shall deliver in the sarne condition and in the arnounts that
exist at the time of delivery, which shall be done when the first part of the
loan (to be discussed later) has been d\!livered to the Government of Costa
Rica. · · ·
6. The Government of Costa Rica grants to Messrs. Webster and Harris,
their heirs, executors or assignees, free. of ali duties, up to thirty acres of
land in the bay of Salinas and in the ·Sapoa river: in Punta de Castilla, the
necessary land for their bouses and warehouses, and, in San Juan del Sur
and La Virgen, those portions that Messrs. Morgan and Garrison previously
had in the contract, as weil as the various 'extensions they may need for
furniture, (dikes] or routes, coat deposits·, bouses, offices, shops, warehouses
and others as may be necessary for the sound operation of the transit route.
7. The Government of Costa Rica grants to Messrs. Webster and Harris,
their heirs, executors or assignèes, the privilege to introduce for both
purposes of transit, free of ali duties, ·an articles destined for use of the
transit route or that may be necessary for the success of the company .
. ,
70
·-;;,;:,...;.'~;.\l,_,ti~f~ ; !.~· •'1•'-,' .. ~~ ;. Î/~ .. ~~~l
~" 1:h": t-,~t :..: l'·: ..:. 1 "'Î~ ·~ "·~1ii~ \J!.~.tl:,..r .. /rt} ïl1i1 c-t ;~~L ., . ,
' ~ ,_. l ... '-
Likewise, the steamers shaH pass .~~~5m one to the other extreme of the
transit route on the Atlantic and Pacifie Oceans, as weil as ocean steamboats
and ali vessels carrying materi;:tJs.or supplies, for the use of the contractors or
their assignees; and, in the same manner, passengers, mules, merchandise,
gold bars or coins, machinery or other articles in transit from ocean to ocean
shall be exempt from the payment of any duties not determined in the
present contract. They are also permitted to [equip] and maintain a guard to
safeguard the treasures or other valuable articles along the overland transit
route, which may not exceed thirty men.
8. The Government of Costa Rica grants to Messrs. Webster and Harris,
their heirs, executors or assignees, the right to build the roads they may need
across the Isthmus, as weil as the bridges, dams, buildings and railroads that
may be necessary and [beneficiai] for the transit, and to eut and take wood
and other materials from the country as may be necessary for [ said]
purposes and management of the steamers in the Lake and rivers, provided
that they are taken from wastelands owned by the Government and not
under private ownership, ali without any kind of charges.
9. The Government of Costa Rica obliges to make every effort to obtain
from the Govenunent of Nicaragua a transfer of transit rights in favor of
Costa Rica, either in the river, lake or road, [or at Ieast] its official
adherence to the concessions made in this contract.
10. The Govemment of Costa Rica commits to protect the contractors, their
heirs, executors or assignees in the full enjoyment of the privileges and
rights granted in this contract for a period of fifty years, counting those that
attempt to disrupt the peaceful possession of their ·9,usinesses, and also
obliges not to give to any persons other than those c [mentioned] in our
contract, any of the aforementioned privileges during the term of this
con tract.
Il. In consideration ofthe faithful performance of the obligations stipulated
herein, on the part of the Government of Costa Rica, Wiiliam Robert
Clifford Webster and [Israel] Chapman Harris oblige to the following terms,
to wit:
1. They shall organize a Company as soon as possible, and shall put
in operation in the shortest time possible a steamer line between New York
and San Francisco to communicate with the route, [via] the [Isthmus] of
Nicaragua; the Company shall not [bring] to the transit route any filibusters
or persons who could interfere in the political matters of the Governments
of Costa Rica and Nicaragua and the said Company shall employ ali its
71
influence and power to impede such persons from entering the country
through any of the transit routes.
2. The aforesaid Webster and Harris Company [Ca] commits to
ad vance to the Governrnent, twice its obligations, the amount of$ 500,000
five hundred thousand pesos, with an annual interest of seven percent (7%),
which shall be deliverable in the same manner. Two hundred and fifty
thousand pesos which shall be shipped precisely in New York on the [fifth]
day of September next and the amountshall be delivered to the Govemment
no later than on the 251
h ofthe same month.
One hundred and fifty thousand pesos shall be shipped at the same
port on the fifth day ofNovember next, and delivered to the Government in
San Jose on the 251h of the same rrionth, and the remaining one hundred
thousand pesos shall be shipped on the 51
h of January next at the same port
and delivered and (delivered) on the 251
h of the cited month in San José to
the Government, which amounts shall be received by the Governrnent of
Costa Rica in legal tender of the United States or of Great Britain, including
a five percent premium over the values of said currency of payment in those
countries, in such manner that a sterling pound worth five pesos shall be
received with the same value of ~he gold coins of the United States that are
worth five pesos. The Company sha)I' pay ali expenses incurred in the
transportation of said Joan and shall bear ali risks until delivery is made to
the Government in San José. · ·
3. Said Company shaH pay to the Governrnent of Costa Rica, in case
Nicaragua gives its adhesion to this Cori.tract, the sum of two strong pesos,
per head, for each adult passenger who crosses the Isthmus on the Company
steamers and, in equal proportion, for those passengers who pay half and
one-fourth of the toll, and they commit to guarantee that the total amount of
such transit right shall not produce les~ than fifty-five thousand pesos each
year, being the said Company obliged to complete, to the Govemment of
Costa Rica, the referred amount of fifty-five thousand pesos, if such tolls do
not reach that amount.
4. The said company commits to pay to Costa Rica, in case
Nicaragua refuses its adhesion to this contract, the sum of one strong peso,
per·head, for each adult passenger who crosses the Isthmus on the company
steamers through the Sapoa and Salinas route, and, in equal proportion, for
those who pay half and one-fourth o(the toU, guaranteeing, in such case,
that the total amount generated by the .transit route shaH not be Jess than
thirty-five thousand pesos each year,·. and the company shall pay to the
Govemment the balance according to the same terms set out in the
72
~: ~· ~i :!~\~ r,x:~.~\t~f~~;·~·.r N r' ·;r~l "'.J 1
1 .• \ j'~'{'.~ '
foregoing article. Accordingly, ;~·iliê commitment acquired by the
Government with respect to the consent of the Govemment of Nicaragua to
the transit concessions in favQr of Cost{l , Rica, and guaranteed by the
Government of Costa Rica the transit through Sapoa and Salinas; and vice
versa, through Salinas, Sapoa and Punta de Castilla, has been amended.
( ... )
9. It is understood that the Govemment of Costa Rica, in case
Nicaragua denies its adhesion to this Contract, shaH maintain the
concessions made from Punta de Castilla in the Atlantic to the bay of
Salinas, San Juan river, via Sapoa, and vice versa, from Salinas to Punta de
Castilla, allowing the contractors to use, for two years, the road from La
Virgen to San Juan del Sur, until the road from Sapoa to the bay of Salinas
is built. However, in case Nicaragua gives its adhesion to this Contract, the
Company may use the road through the river Sapoa, or from La Virgen to
San Juan del Sur, as it may deem more convenient.
1 O. The contractors commit to make every effort to obtain the
protection of the governments of Great Britain and the United States, in
order to obtain from said Governments the guarantee and their double
protection to impede any infringement of the rights and privileges granted.
Il. The Company commits to present to the [Governor] of Castilla,
through the Steamship Captains, a list of the passengers that are carried on
board, whether going upstream or downstream on the river.
12. Messrs. Webster and Harris, their partners and assignees,
commit to [faithfully] comply with the conditions of this Contract; it being
understood that in case of non-cornpliance with the said clauses, this
Contract shall be rendered null and without effect by the same Government,
upon notice is served to the Company by the Government of Costa Rica,
including evidence regarding said non-compliance, and the Company shall
forfeit ali [rights] and privileges granted by the Government in this contract,
and shaH also forfeit, in favor of the Govemrnent, any property that it may
have acquired by virtue of [ said] con tract on the transit line.
13. AU concessions, gratifications and obligations acquired by the
Governrnent with Mr. W. R. C. Webster, his partners and associates, by
virtue of the contract entered into on the fourth of December of one
thousand eight hundred and fifty-seven as arnended, is declared null and
without effect.
73
14. It is understood that in the hypothesis that the transit route for
passengers and freight is done through Sapoa and Salinas, which wou]d
generale Jess tolls corresponding to ·the Government, and would not be
sufficient other than to pay the interests of the Joan for five hundred
thousand pesos that the Company shall make to the Government; and, in
such case, the Government shaH contribute each year up to twenty thousand
pesos for the payment of the principal of five hundred thousand pesos until
the Joan has been fully paid to the company.
15. The Govemment obliges to give to the Company bonds for the
amounts it receives from the [ said] loa'n; which shall indicate the manner in
which they shaH be paid and shaH be issued for the amount requested by the
said Company.
16. Whenever any dispute arises between the Governrnent and the
contractors in relation to the misinterpretation of any of the articles
contained in this contract, an arbitrator. shall be appointed by each party to
examine the question and render a ·decision, which shall be final and
binding. Said questions must be elucidated in San José, with the
understanding that the company does not have the right to withhold any
amounts that correspond to the Government by virtue of this contract before
the award is rendered by the [said] arbitrators.
1
ln witness whereof we sign this contract at the National Palace, in
San José, Costa Rica, on the fourteenth of July of one thousand eight
hundred and fifty-seven. (Signed) R. G. Escalante (Signed) W. R. C.
Webster (Signed) J. C. Harris -·National Palace, Charnber of the
Department of Finance, San José, fourteenth of July of one thousand eight
hundred and fifty-seven. The preceding contract is approved in ail its parts
(Initiais). Initialed by H. E. (Signed by R. G. Escalante).
It concurs.
(Calvo)
Minister of Foreign Affairs of the Supreme Government of the Republic of
Nicaragua. · ·
74
lt concurs.
Managua, August 2 7, 1 85 7
(Signed) Juarez
(Seal]
'':. 1· .-·: ;r· 'l·~N.' ... :· .,·:· ;·
. : ,'~;~~:.: ;, . '
,:-t.;.,
ANtiJ~x 11
ZELEDON-ROSA PÉREZ CONTRACT .. MANAGUA, 30 DECEMBER
1860.
Contract entered into between H.E. Don Pedro Zeled6n, Minister of Foreign
Affairs of the Republic of Nicaragua, on the one part, and Don José Rosa
Pérez, commissioned by Messrs. John P. Yelverston, H. G. Stebbins,
Nathaniel H. Wolfe, citizens of the United States of America, and their
associates and shareholders of the former Atlantic-Pacifie Maritime Canal
American Company, on the other part, for establishment of an inter-oceanic
way through the Nicaraguan isthmus.
Article 1
The Govemment of the Republic of Nicaragua hereby constitutes John P.
Yelverston, H. G. Stebbins, Nathaniel H. Wolfe, citizens of the United
States of America, and their associates and shareholders of the former
Atlantic-Pacifie Maritime Canal American Company, their successors and
representatives, as a political and incorporated company of the Republic
with perpetuai succession under the name of Central American Transit
Company, and bestows upon them ail powers necessary so that in their
capacity as a political and incorporated company they may carry out the
objectives of the present contract, al ways in accordance with the provisions
contained thereon. And the aforesaid Central American Transit Company
shall have absolute management of its business: it may issue, from time to
time, statutes and regulations for its internai govemment and with respect to
the election and term of its officers and employees; the issue, transfer and
loss of its capital shares; and ali matters concerning the administration of its
interests; and may demand and be demanded in the courts of the Republic of
Nicaragua in the same manner as Nicaraguan citizens, notwithstanding and
without prejudice to the nationality of the individuals that comprise it.
The aforesaid Company shall appoint from among its shareholders a Board
of Directors consisting of seven individuals. These shaH appoint from
among themselves a President, a Vice-President, and a Secretary of the
Company; and the Board of Directors, together with the President, shall
have the same powers of the Company itself, and its full representation,
except as expressly limited by the Company, with the understanding that
said powers shall not be limited with regard to the business or relationship
between the Government of the Republic and the Company.
75
( ... )
Article V
The essential abject of the present contract being as it is to establish and
maintain an inter-oceanic transit route across the isthmus of Nicaragua in
the service of universal trade, the Centr_al American Transit Company
assumes the obligation, and the Govemment of the Republic grants the
exclusive right to establish, as weil as to administer, use and operate, for a
term of fifty years, a route of communiéation and transit across the territory
of the same Republic, between the Atlantic and Pacifie oceans; to transport
ali kinds of passengers, luggage, chests; merchandise and properties by land
or waters, by way of any ship, including steamships, common roads,
railroads or other types, and carriagès, wagons, animais and any other
modes of transportation, both for transit passage from sea to sea, as weil as
for internai trade, importation and. ~xportation from the Republic of
Nicaragua.
Article VI
The inter-oceanic route that the mentioned Company will establish, as stated
in the foregoing article, will be made up of two Sections: first, an east
section, via water, from the port of San Juan de Nicaragua to another [port]
of the Republic that the Company elects on the Atlantic Ocean, via the San
Juan River and across Lake Nicaragua, or through any other rivers and lakes
of the Republic that the Company eiects, up to any point that the same
Company elects on said rivers and Jakes; and the other, a west section, via
land, from the last mentioned point; in any direction that the Company
elects, to the port of San Juan del Sur or any other of the Republic on the
Pacifie Ocean that the Company elects.
( ... )
Article VIII
The aforesaid Company has the right and obligation to open the interoceanic
route and ta supply it with · sufficient river and lake steamers,
carriages or wagons, animais and other modes of transportation, as required
by trade, by November of one thousand eight hundred and sixty; and to keep
it open and supplied, as stated above, during the term of fifty years
stipulated as the !ife of the present contract.
( ... )
76
L
~ . ' . . .
Signed and sealed in Managua CitY'''ôri this thirtieth day of December in the
year of Our Lord one thousand eight hundred sixty, by Don Pedro Zedon
[Zeled6n] Minister of Foreign Affairs of the Republic of Nicaragua, and
José Rosa Perez, Commissioner of the shareholders of the capital stock of
the former American Atlantic-Pacifie Maritime Canal Company.
77

ANNEX18
MOLINA - MORRIS INTER-OCEANIC TRANSIT CONTRACT.
WASHINGTON, 10 NOVEMBER 1863
The President of the Republic toits inhabitants
Makes known:
That Congress has ordered the following:
The Senate and the Chamber ofDeputies ofthe Republic ofNicaragua
Decree:
Article 1. The Inter-Oceanic Transit Contract entered into on
November 10, 1863, between H. E. the Minister of Nicaragua, Mr. Luis
Molina, and the Central American Transit Company, by which it has been
ratified, is approved and ratified in ali its parts, which reads as follows:
Contract made and entered into at the City of Washington, capital of
the United States, on the tenth of November of one thousand eight hundred
and sixty-three, between the Supreme Government of the Republic of
Nicaragua, on the one part, represented by H. E. Mr. Luis Molina, and the
Central American Transit Company, a corporation organized under the laws
of the State ofNew Jersey, United States of America, represented by Francis
Morris Esquire, President of said Company, on the other part.
Whereas the Government of Nicaragua desires to efficiently
establish the inter-oceanic route within its territorial boundaries and
jurisdiction, and bas previously agreed to a certain provisional arrangement
with the said Company as a consequence ofthe acts of the said Government
in respect of[ ... ] declared by it by virtue of the previous contract between
the parties.
Therefore, for the adjustment and conclusion of any claims and
actions that mark or originate in any way from the said previous contract
and provisional arrangement, and for the complete and perfect substitution
of a new contract, in ali the business and each of its parts, it is recorded in
this contract that the said parties have agreed upon and stipulated the
following:
79
Article I
Ali differences and controversies in respect to the contract
previously made, namely: the transit contract approved on the twentieth of
March of 1861 between the parties for the opening and operation of the
inter-oceanic transit route or by virtue of the aforesaid provisional
arrangement, are definitively adjusted and forever terminated by the
provisions set out hereunder, being extinguished such disputes and
controversies between the parties by the final and reciprocal exchange of the
present contract, duly and fully ratified, in such manner that it constitutes a
conclusive act according to the laws of each party.
Article II
The said Company, without relinquishing its aforesaid creation and
existence, according to the laws of the said State of New Jersey, and
preserving the right to obtain any extension or amendment, or any other act
of incorporation in accordance with the laws of the State of New Jersey,
New York and Pennsylvania, or any of them, for the purpose of providing
for the organization and govemment'of the interested parties or who could
become interested in the said Company in their mutual relations; however,
for any business, interests and operations related to the object of this
Contract, within the territorial jurisdiction of Nicaragua, it accepts and
acknowledges the nationality of Nicaragua with the same latitude and in
respect of ail cases and similar effects that are applicable and correspond to
a merchant of the United States domiciled in the territory ofNicaragua with
objects of commerce, in accordance with the principles of the law of
nations, except where these could be amended by the provisions of this
contract, always with the understanding that, being the Company from the
United States and comprised ofU.S. citizens, it shall always have the same
rights and remedies that would correspond, in accordance with the
principles of the law of nations, in the case of deniai of justice, recognized
by that Code to a merchant of the United States domiciled in Nicaragua with
objects oftrade.
( ... )
Article IV
In consideration of this privilege, the said Company agrees to pay
during the continuation of the referred purchase to said Govemment, in gold
or silver coins of the United States, at the option of the said Govemment,
and in Managua or New York, at the same option, by way of exchange, and
in full satisfaction of ali passenger tolls (capitation) on the transit route, the
80
. ::·;:· ·~ .
amount of twenty thousand pesos ($'12ô,OOO) each year during the first seven
years of the term of this contract; the annual amount of twenty-five
thousand pesos ($ 25,000) . dll!~ng the next eight years: and the annual
amount of thirty thousand pesôs ($ 30,000) during the remainder of the
term. And the Govemment of Nicaragua shall deliver notice, three months
in ad vance, regarding the designated place of payment and whether payment
shall be made in gold or silver. Further, so that the Government of the
Republic has proper and accurate statistics regarding the amount of freight
that passes through the inter-oceanic transit route granted in this contract,
the Central American Transit Company also agrees to pay to the
Government of Nicaragua, in addition to any other payments, five cents per
ton over the amount of freight transported by it each year; and the Company
shall send each year a sworn statement, which shall be conclusive with
respect to the amount of said freight transported by ber, paying upon
delivery of said annual statement the five cents per ton that sha11 be paid as
previously stipulated.
Article V
The Company obligates to open the inter-oceanic route between San
Juan del Norte and San Juan del Sur within six months from the date on
which the Minister of Nicaragua in Washington delivers written notice to
the same Company in New York that the present contract has been ratified
by Congress and has been approved by the Executive of Nicaragua, with
sufficient steamers on the river and lake, and sufficient land transportation
materials to carry five hundred passengers with their usual luggage, at !east
twice a month, in one single trip, and to keep the transit route open during
the !ife of this concession. Further, in consideration of the privilege
expressed hereunder, [the Company] agrees to invest, within a term of ten
years, the sum of five hundred thousand pesos ($ 500,000) in the
development of improvements and establishments (permanent) on
Nicaraguan soit, including the cost of a steam towboat that the company
obligates to furnish, and including the improvements that the parties have
agreed to make in the port of San Juan del Norte and in the San Juan River,
outside and in addition to the cost of the steamers on the river and lake,
which cost is not included in the expenditure referred above. And so that the
Government of Nicaragua has proper knowledge of the expenditure, it may
examine the books of the Company once a year through one or more agents
appointed for this purpose.
Article VI
Further, by virtue of the aforesaid consideration, the said Company
agrees to spend, within a term of six years, a minimum arnount of sixty-five
thousand pesos ($ 65,000) in the improvements at the port of San Juan del
81
Norte, in the navigation of the San Juan River, improvements in the rapid
streams, etc., in the following manner, and subject to the conditions and
stipulations set out hereunder, to wit:
The Government ofNicaragua shaH arrange for survey at the port of
San Juan del Norte and the said San Juan River, by an expert from the
Government, in order to determine whether said improvements may be
permanent and, if so, how to commence and continue said improvements so
that, upon completion thereof, the port and river shall not only be improved,
but shall also be protected, if feasible, from any reduction in depth by the
action of natural causes. The Company agrees to provide to the expert from
the Government and to his group, ali kinds of facilities to expedite the
completion of such work, such as transportation, supplies, etc., etc. If, upon
completion of said survey, the executive· branch of the Government of
Nicaragua approves the respective report presented by the expert, the
Company obligates to commence immediately thereafter the improvement
scheme thus recommended, and to continue such works according to the
following stipulations: The Company agrees that the amount spent in the
improvements thus recommended shall comprise at !east the following:
twenty-five thousand pesos in the improvements to be made at the port of
San Juan del Norte, in addition to twenty-five thousand pesos in respect of
the improvements to be made between the port of San Juan del Norte and
the Colorado River; at !east five thousand pesos in respect of the
improvements to be made in the extension of the rapid streams at Machuca;
an equal sum of five thousand pesos in the rapid streams at Castillo; and an
equal sum of five thousand pesos in the rapid streams at Toro; for a total
expenditure of fifteen thousand pesos in the improvements at the Machuca,
Castille and Toro rapid streams, bringing the total cost of the improvements
at the sandbar and port of San Juan del Norte, and at the San Juan River, to
at !east sixty-five thousand pesos, without including the cost ofthe steamers
on the same river or the cost of the towboat to be fumished at the port of
San Juan del Norte. The Central American Transit Company obligates to
pay to the Government of Nicaragua, in addition to any other expenditure or
payment, the sum of five thousand pesos, in strong currency, to pa y the
govemment engineer who shall carry out the aforesaid survey. The Central
American Transit Company hereby agrees to purchase, for the opening date
or before the opening date of the transit route, as stipulated in this contract,
and to maintain a steam towboat in operation wh ile the depth of the sandbar
is shallow, according to the stipulated dimensions, for the purpose of towing
ships in and out of said port, loading andunloading passengers, luggage and
freight, and making a connection at the port between larger ocean
steamships and the steamers on the river. And the Company further agrees
to hire a Captain for said towboat, who shall be a professional in his field
82
and shaH have the duty of using thl'tawboat, whenever it is not being used
for any other purpose, to increase the depth of the sandbar at San Juan del
Norte; and the said Company further agrees to commence, after this contract
bas been ratified and approved by the executive branch of Nicaragua, the
implementation of temporary improvement works in the river and port,
which shall be conducive, in the opinion of the govemment engineer, to the
permanent improvement of the said port and sandbar.
Article VII
In compensation for the foregoing stipulations by the said Company,
the Government agrees and grants the following:
As of the date of final ratification of this contract by the Government
ofNicaragua, the said Company shall enjoy, for a term oftwenty-five years,
counted from the aforesaid date, and subject to the provisions regarding
nullity during the life of this contract, as stipulated hereunder, the exclusive
right of irrter-oceanic transit for passengers, luggage, chests, treasures, cargo
and articles oftrade in general, by land or sea within the following limits: by
way of water, said Company will have exclusive rights of navigation as part
of the inter-oceanic traffic and only on that part from the San Juan river
from the Atlantic through to bay of la Virgen in lake Nicaragua, or any other
lacustrine port, between the boundary line of Costa Rica and the latitude of
the town of San Rafael and the northem coast of the island of Zapatera, as
the said Company may determine from time to time during the !ife of this
contract, being said exclusive privilege of navigation expressly limited to
the sole inter-oceanic transit route granted hereunder, with the
understanding that the Company's exclusive privilege of inter·oceanic
transit shall not restrict in any manner whatsoever internai trade in the
country, in which the Company may employ its ships and other modes of
transportation, without excluding competitors, and without any special
exemption for its steamers other than mooring and tonnage fees, and the
Company in ali other respects related to said internai trade shall be on an
equal footing with the citizens of the Republic of Nicaragua, whose right to
navigate on boats or steamers in the internai waters of the Republic for the
purpose of the said internai trade shall not be limited by these stipulations.
And in respect of the land route for the said inter-oceanic transit, the said
Company shall have the right to enjoy, for a term of twenty-five years,
except if previously revoked and annulled according to the terms of this
contract, the exclusive privilege to establish and use any railroad that it may
put into operation between the said Lake Nicaragua and the Pacifie Ocean,
between the parallel latitude of San Rafael and the northern coast of the
island of Zapatera and the boundary line between Nicaragua and Costa Rica;
and in like manner, it shall also have the exclusive right to use and enjoy, in
83
respect of the inter-oceanic transit route, the road that exists between the bay
of La Virgen and S. Juan del Sur, which the Company hereby obligates to
improve and put in perfect condition, or any other similar road that may be
opened and built in the tongue of land described heretofore. And the said
Company hereby obligates to build and effectively put into operation, within
four years from the date of notice regarding the ratification of the present
contract, as part of the said inter-oceanic transit route, an adequate and
sufficient railroad, including ail adequate and sufficient locomotion
materials and equipment, between Lake Nicaragua and the Pacifie Ocean,
from the bay of La Virgen to San Juan del Sur, or from any ether point in
the Lake to any other point in the Ocean that the Company may determine
within the limits set out heretofore. lt is also understood and agreed that any
notice to be given by the Company to the Government of Nicaragua, in
accordance with the terms of this contract, shall be delivered to the
Govemment of Nicaragua, in the capital of the Republic, by the Resident
Agent of the Company in the country, and any notice to be given by the
Government of Nicaragua to the Company shaH be delivered to the
President of the Company in New York by the Minister of Nicaragua in
Washington, or by its Consul in New York. This stipulation is not
applicable to any judicial notices that may be served to the Company's
Resident Agent in Nicaragua, as provided hereunder.
Article VIII
The Company obligates to transport, free of charge, on the regular
trips made by its steamers on the river and Lake, the employees that the
Government sends on public duty, as weil as to relieve every three months
the garrisons on the route, including their belongings, baggage and supplies,
as weil as the mail pouches of the Republic of Nicaragua.
(. .. )
Article X
Being the intention of the Government that the inter-oceanic route
that the Company shall establish be open to service for ali the nations of the
world, the Company shall transport, on its route and under equal conditions,
any persons and any type of merchandise that arrives for this purpose, either
at the terminus ports of the route or at any regular stations or piers on the
River or on the Lake, regardless of their nationa]ity or place of origin. But
the Government reserves the right to determine what troops, war
ammunitions and foreign mail pouches may pass through its territory, and
be carried or allowed to be carried by any means of transportation, even if
these are not owned by the Company. The Company shall fix and shalJ
deliver written advance notice to the Government regarding the general
84
''
\' ' schedule of its transportation priees' on 'the route, with the lUlderstanding that
it shall be identical for everybody; and the Company shall not evade in any
way whatsoever, through payment of any discount or otherwise, the terms of
this article regarding the establishment of a single tariff for everybody,
which tariff shaH not be altered, except if such alteration shaH enter into
effect six months after it has been communicated to the Government in
writing.
( ... )
Article XII
If the Government of the Republic were a party to any previous
contract or convention, still in force, or entered into hereinafter, for the
construction of a maritime canal across its territory, and the duration of the
rights and privileges stipulated in the present contract were not compatible
with the terms and conditions of said contract or convention, then, in such
case, the rights and privileges stipulated in the present contract would only
remain in effect until the maritime canal works were completed, in
accordance with the terms of said contract or convention, and shaH not be
hampered or impeded whiie said canal is not in full operation from ocean to
ocean.
( ... )
Article XIV
For the purpose of faciiitating the achievement of the objects of the
present contract, the Government exempts, from ali civil, military, national
or municipal service, all the individuals who are employed by the Company
on the route and have been at the service of the Company for three
consecutive months, including the coachmen, wagon drivers, animais and
vehicles of the Company, as weil as the coachmen, wagon drivers, animais
and vehicles of contractors carrying passengers; but this exemption shall
have no effect in the event of a foreign invasion, except for the coachmen,
wagon drivers, animais and vehicles of the Company. And the capital
represented by the works on the route, as weil as any kind of property
employed in the service of the same, shall be at ali times exempt from
imposts, duties and levi es on the part of any authority of the Re pub lie.
Article XVII
The Govemment warrants that all vessels arriving to the outfitted
maritime ports, at each extreme of the inter-oceanic route, carrying
passengers or freight of any class, as well as any vessels employed in the
service of the same route, at ali times may enter, leave, navigate and use
85
said maritime ports, as weil as the Lake and the river of San Juan del Norte,
exempted from mooring, tonnage and any other duties. And ali vessels on
the Lake and River employed in the Inter-Oceanic Transit, as weil as ali
passengers and freight of any class that the Company transports on the
transit route from ocean to ocean, shaii be exempted from any registration,
interruption and detention and from ali duties or levies. But if the
Government, owing to the circumstances, should deem it necessary for the
security of the country to register the steamers, then they shall be registered
when passing by one of the fortresses on the route. The Company, on its
part, agrees that it shall not deliver any freight intended to remain in the
country, unless written detailed notice is provided in advance to the tax
agent at the place, being the same Company responsible for any breach of
this provision on the part of its employees in accordance with the laws of
the country.
Article XVIII
The Company, without being obligated to pay any tax or duty, may
introduce into the Republic any materials, machinery and other things that
are useful and necessary for the establishment, repair and use of the interoceanic
tine; it may take wastelands located within the Republic, as weil as
materials and firewood from said wastelands for the same purposes; it may
occupy such places as it may require for the main establishments and
accessories of the route, provided that such places are not intended for
public works nor are privately owned, in which latter case the Company
may occupy them after indemnifying the owner in advance at the fair priee
fixed by experts, with the understanding that the Company, upon
introducing the aforesaid useful articles to the Republic, shall deliver written
advance notice to the Administrator of the port where it intends to make
such introduction, and provided that if the said Company occupies land or
takes materials or firewood therefrom, as aforesaid, it shall deliver the
respective notice in writing to the Prefect of the Department where the land
is situated. ·
( ... )
Article XX
The Govemment grants to the Company the exclusive privilege to
establish, administer and enjoy, during the same term of the inter-oceanic
route, a telegraph line between the two terminus ports of the same route,
either submerged across the Lake, or built around it. The Company shall fix
the general tari ff of the telegraphie tine, but the Government of the Republic
shall only charge half of the priee established, with the understanding that
86
j .~
the telegraph shaH be considered aii 'àëcessory work of the company of the
inter-oceanic route that the Company shall establish.
( ... )
Article XXII
Upon expiration of the term of twenty-five years of the present
contract, the Government of the Republic shall take possession of the interoceanic
route, including all the works and property dedicated to its service,
as well as the telegraph line and steamers, without being obligated to pay
any compensation, and ali the effects of the present contract shall termina te
on that same date.
THE GOVERNMENT:
Having read and examined the foregoing contract entered into
between the Plenipotentiary Minister of this Republic in Washington, D.
Luis Molina, by virtue of his competent powers, and the Central American
Transit Company; and found in full compliance with the instructions given
to this effect, and ra ti fied by the same Company,
RESOLVES:
1. The said contract is approved in each and every part.
Consequently, pass to the Legislative Assembly for its ratification.
Done at Managua on the twentieth of January of 1864. Tomas
Martinez (L. S.) The Minister of Foreign Affairs. Pedro Zeledon (L. S.)
Art. 2. The pre-inserted contract shall be considered a law of the
Republic after the act of exchange of the ratifications bas taken place.
Done at the Sessions Hall of the Chamber of the Senate. Managua,
February 15, 1864. Vicente Quadra, P. S. Macario Alvarez, S. S. - Cleto
Mayorga, S. S. - To the P. S. - Hall of the Chamber of Deputies. -
Managua, February 17, 1864. - J. Guerrero, D. P. - Ramon Alegria, D. S.
Jer6nimo Pérez, O. S. - Therefore: Execute.- National Palace- Managua,
February 18, 1864. -Tomas Martinez. The Secretary of Home AffairsRosalîo
Cortéz.
87
ACT OF EXCHANGE
ln the city of Managua of the Republic of Nicaragua, on the
twentieth day of February of one thousand eight hundred and sixty-four,
gathered at the National Palace in the Department of Home Affairs, H. E.
Mr. Rosalia Cortéz, acting Minister of Foreign Affairs, and Colonel J. C.
Woods, Special Commissioner of the Central American Transit Company,
acting in the name and on behalf of this Company, vested with ample and
special powers, with the objective of proceeding to the exchange and
execution of the Transit Contract, entered into on the tenth of November of
1863, and ratified and approved on the 18111 instant by the Legislative
Assembly; and upon having communicated to each other their respective
Full Powers, found in good and proper form, the original copies of the
contract were compared and found to be of the same tenor, the exchange
was made, and H. E. Mr. Rosario Cortéz, acting Minister of Foreign Affairs,
received a copy in Spanish signed by the named Colonel Woods, Special
Commissioner of. the referred Company, placing in the hands of the same
Mr. Woods another copy in Spanish signed by the same Minister of Foreign
Affairs. And this act is recorded in Spanish and we sign in duplicate,
eannarking one copy for the Republic of Nicaragua and another for the
Company, on the date and place stipulated hereinabove.
(Signed) Rosalio Cortez (Signed) J. C. Woods, Commissioner
Therefore:
DECREE:
Consider it a law of the Republic, and print and published as
corresponds.
Done at Managua, on the 20111 ofFebruary of 1864.
T omâs Marti nez
The Secretary of Foreign Affairs
Rosalio Cortéz
Done at Managua, February 20, 1864.
88
~ ~ '~ • \l'T , :
';:.,.
F. A. PELLAS NAVIGATIONCONTRACT. MANAGUA, 1 MARCH
1877.
MINISTRY OF TRADE.
De cree of March 161h ratifying the stearn navigation contract
The President of the Republic makes known toits inhabitants:
That Congress bas ordered the following:
The Senate and the Chamber of Deputies of the Republic of
Nicaragua
DECREE:
Sole Article. The contract conceming steam navigation in the
internai waters of the Republic, entered into on the first of this month
between the Supreme Government and Mr. Francisco Alfredo Pellas, is
ratified, which literally reads as follows: "Anselmo H. Rivas, Minister of
Trade of the Supreme Government of Nicaragua, especially commissioned
to enter into a contract conceming navigation in the internai waters of the
Republic with Mr. Francisco Alfredo Pellas, a resident of Granada and the
assignee of the contract entered into with Mr. J. E. Hollembeck and partners
on the eighteenth of February of one thousand eight hundred and seventy,
have agreed upon the following provisions:
The Govemrnent of Nicaragua grants to Mr. F. A. Pellas, partners and heirs,
the exclusive privilege, for an eighteen year period, to navigate with
stearnboats the San Juan del Norte river and Lake Granada [lake Nicaragua]
and transporting through them the fruits of the land as weil as merchandise
destined to the Republic's interior, reserving for herself [Nicaragua] the
right to contract any other company and for the time that the Government
decides, for the re-establishment of inter-oceanic transport, without
89
hindering the rights granted under the present Contract. The Republic make
express reservation of the right to make a new one.
( ... )
9. The Company obligates to stop each month, with its steamer in
the lake, at the ports of Granada, La Virgen and San Ubaldo, or at the ports
that may be designated as more convenient for trade in the departrnents of
Rivas and Chontales. However, considering that the coast of Rivas is more
dangerous during the summer months, the Company is authorized to rnake
those trips with its Schooner from November to April, until the pier at San
Jorge is completed, except when the Government requests the steamer to
make a visit to said department.
THE GOVERNMENT:
Having embraced the preceding contract entered into with Messrs.
John E. Hollembeck and partners on 18 February 1870, and transferred to
Messrs. F. A. Pellas and partners.
RESOLVES:
Sole article. The foregoing contract is approved, leaving the previous
[contract] of February 18, 1870, without effect, and to submit it to the
constitutional ratification of the Legislative. Managua, March 5, 1877.
Charnorro. Minister ofTrade. Rivas.
Done at the Sessions Hall of the Cham ber of the Senate. Managua,
March 13, 1877. I. Maliaiio, S. V. P. Isidoro L6pez, S. V. S. José Gregorio
Cuadra, S. S. To the Executive. Sessions Hall of the Cham ber of Deputies.
Managua, March 14, 1877. Francisco Reyes, D. P. Francisco del Castillo, D.
S. Agustîn Duarte, D. S. Therefore: Execute. Managua, March 16, 1877.
Pedro J. Chamorro. Minister of Trade. A. H. Rivas.
90
--------------------~~~,~~~--~~~:-·,
:.
ANNÊX20
CÂRDENAS -MENOCAL .CONTRACT. MANAGUA, 23 MARCH
1887.
APPENDIXI
1877-03-23.
CONCESSION AND DECRESS OF THE REPUBLIC OF NICARAGUA
TO THE NICARAGUA CANAL ASSOCIATION OF NEW YORK.
The President ofthe Republic to the inhabitants thereof:
Knowing that Congress has ordered as follows:
The Senate and chamber of deputies of the Republic of Nicaragua do
Hereby decree-
ONL Y ARTICLE.-- The Contract for a maritime interoceanic canal entered
into the 23d pf march, ult., between. Dr. Adan Cardenas, commissioned
especially by the supreme Government, and Mr. A. G. Menocal, member
and representative of the Nicaragua canal association organized in New
York, is hereby ratified. This contract shall be a law of the Republic if Mr.
Menocal accepts it as soon as he be notified witch the following
modifications and upon the followings terms:
The undersigned, Adan Cardenas, commissioner of the Government of the
Republic, party of the first part, and Aniceto Menocal, representative of the
Nicaragua canal Association, party of the second part, both having sufficient
power have entered into the following contract for the excavation of an
interoceanic canal trough the territory ofNicaragua.
Article l
The Republic of Nicaragua the aforesaid Nicaragua Canal Association and
Mr. A. G. Menocal, representative of the said association, accepts on its
behalf for the purpose set forth in article 7, the exclusive privilege to
excavate and operate maritime canal across its territory, between the
Atlantic and Pacifie Oceans.
91
Article II
The canal shaH be of sufficient dimensions for the free and commodious
passage of vessels of the same size as the large steamers used for ocean
navigation in Europe and America, provided that no locks used in said work
shall be Jess than five hundred and fifty (550) feet in length and thirty feet in
de pt.
Article III
The State declares this work to be of public utility.
Article IV
The donation of the present privilege shall be for ninety-nine (99) years, to
be counted from the day the canal shall be opened in universal traffic.
During the along the aforesaid period the company shall have the right to
construct and operate railway along the waole extent of the canal, or those
parts of the same that may be considered convenient for the better service
and operations of the said work.
Article V
The Estate binds itself not to make any subsequent concession for the
opening of a canal between the two oceans during the term of the present
concession, and also to abstain from granting a concession for a railroad,
such as might corn pete with the canal for the transportation of merchandise,
during the same period; but nothing in this article shall prevent to
Government of Nicaragua from constructing or pennitting the construction
of such railway, as it may deem advisable for commerce and internai traffic.
Said Government also to have the right to construct or permit the
construction of an interoaceanic railway if in course of time it be
demonstrated that the canal is not sufficient to satisfy the demands of the
traffic ali nations.
The grantee company shall have the right to establish such telegraph !ines as
it may deem necessary for the construction, management, and operation of
the canal. The Government shall have-the right to occupy these !ines for the
public service wi.thout any remuneration to the company .
. Article VI
The Government of the Republic · declares, during the term of this
concession the ports at each extremity of the canal, and the canal itself, from
sea to be neutra!, and that consequently the transit trough the canal in case
of war between two powers or between one or more and Nicaragua shall not
be interrupted such cause; and that merchant vessels and individuals of ali
92
~ ' . ;·,t ' r'
nations of the world may freeJy enter the ports and pass trough the canal
without molestation or detention.
In general, ali vessels may pass through the canal freely, without distinction,
exclusion, or preference of persans or nationality, provident they pa y the
dues and observe the regulations established by the granted company for the
use of the said canal and independencies. The transits of foreign troops and
vessels of war will be subjected to the prescriptions reJating to the same
established by treaties between Nicaragua and other powers or by
international law.- but entrance to the canal will be rigorously proh.lbited to
vessels or war of such powers as may be at war with Nicaragua or with any
other of the Central American Republics.
Nicaragua will endeavors to obtain from the powers that are to guarantee the
neutrally that in the treaties that shaH be made for that purpose they shall
agree also to guarantee zone of lands parallel to the canal and also maritime
zone in both oceans, the dimensions of which will be determined in such
treaties.
( .... )
Article XL VI
In view of the existence of an exclusive privilege granted by the Republic in
fa v or to Mr. P. Alf. Pellas, by a con tract ratified on the 16th. Of March
1877 for the navigation by steam on the lake and river for the purpose s of
the internai commerce of the republic the canal company shall have the right
of expropriation against Mr. Pellas as regard his rights and properties, on
just assessments by experts after making a corresponding compensation
according to the law of the Republic.
It is also stipulated that the company binds itself to pay government of the
republic ali it may from now on expend in any way for the improvement of
the navigation of the river and the port of San Juan del Norte. This payment
shall be made within six months ofthe date of the beginning of the works of
the canal, and according to the original accounts of the corresponding office.
( .... )
Done in the hall of sessions of the chamber of deputie- Managua, April 20,
1887.
93
-Tomas Armijo, P.- Luis E. Saenz, Secretary- Leopoldo M. Montenegro,
Secretary- to the Executive Power~ hall of the ofthe Senate- Managua, April
23, 1887.-Joaquin Zavala, P. A. H. Rivas, S. - Eliodoro Rivas, S. -
Therefore: be it executed. National Palace- Managua, April 24, 1887.- E.
Carazo -the under secretary of the interior in charge of the office-Alejandro
Canton.-Accepted on the same date.-Canton.- A. G. Menocal.
94
ANNEX 21
NOTE FROM LEWIS CASS, SECRETARY OF STATE OF THE
UNITED STATES, TO WILLIAM CAREY JONES, SPECIAL
AGENT OF THE UNITED STATES TO CENTRAL AMERICA.
WASHINGTON, 30 JULY 1857.
1081
. l:.ifiJi~.·ê.us,;:s~aeto.r;,: of· Sti,ûè;r:fl[llu .· sni~ Statcf!l. .tP, liViJÛam Car.r;y Jones.
'·' . . Ske.#P.l A,genl o[t}le' p. . taü.or tO ' ,ifti1'JÛ 4 f'l.t:fl'ea 1
. \!,f:As:l'r:lNGTON, J:ùl,r 30, Ûl'j7.
Sfii:: ;R~f:f,ll ~'!ave reat:n~ h~è,; j:tdtic;h J .ti1JS.t bQWeVeT aii: not correCt,
tb a.t .the: C':tlv~i:llilen t .of 'CQs:li,: Ilj4 ba.$Ji:u:nnttl. pr<"~j~ds ~~ ·Bggia,ndjZEiriei:n..,
e:ncl intwd1?·~o:aJilprq~dau~·:ti:r·i.~l1àmrü!Jn5~fr#e Tui'itÔry of Nitarngua,
•t.l:nl.H:onver:ting th.eo\lo:ar which !ias<jû&Lbeen t~miina.t~d by tbc ac~amplish,:
ment·of therobje.c:t for w}Îich_it .w.~; avo,..:e.d,ly .undertaken ·i.n~o:.a:~scheme:for
'tertitqrial acquisition. Su eh a :desig:n)is ,so i.uijus.t Jn iUeif,. in. vie:w ti( the
ci.~m&~.ncris1 and .s!:J inoonaistent wiili>th(l',publ.ic detla.rntion s of..th.e. G<~v·
~(Dm-~n~~pJ,Qs.nJta Rica,. '~>.;ben di~n,ç-:i.t.s !~; to·m~~ in~cf~~:Îcal(agua,
:tb'à(theJ~r~imt is ~n.wii.Jing tp' ~H~Çfihêj:!~jec;t i.s'· ~rioi.JSly ·metiitntëd,
,~~Yet:~~=~~~Iê~~.;~~~; •them; but:for, aU 'tli~:o;.ber indep~ndent,S~t~;Q!:'this\ç:cil:tin,~t. wh cise· pc~sidon,
and relations:re.nd.er the,prosperîty of each-a~wbject:;ofge:nera.L'inter:est
:to;aJ)of .them:. . . . . · .·
'Yèu:-.v.ill ·btin!f to t:he.recu;)11eetion 6! -the-GQ\ienünerîtof·Cost.a.,Ri.ca the
v~iou.s •.circtun5t'aJl~'w.!!i.cli .iipperil·· forril:il y tc ber; aeu~W of.justioe,,~ga.i~st.'
f~~t~5~f~1~~~~i:i::.~~r;~:;;~E;r~:n~~i ,not.~;uSëJ~ to· r.!Jfe,r.to SQm,e, of:the.publu: decl~t1on~ wfitcll wer1'. mape
;w~th~~~~r~~:;~,=~~~~:~~e h~!~~:;;~r6!a~:~s:f
1!iJ!~ l~·tBs6. in whiehitis'mûd:th.at "Ours"is npt a fight foFa pieoe·of la,nd
~pr:w sccure ephemeralpow.er~nC?t.'to acliiev~-a wretched 'ronq uest,' ·.&t.
Md·agmn/in·:an othe:r prodam!itîoo,:of :tiJ'e same. President of .M arch zth. 1 .he
-on.nOl.lllCeS,,otnat h~ v..111 "eornu;u1n:d :it;t.-pérsi;m the ~petiitir.m~Q~ lltin:Y-·abou t
· - • Specme1.1~,.bJ, .. vot;. · · · · · · ·
95
96
tçuu:iu:cl:l in pur:s ult of thë free'btiotèts, .hQW: 'attru11'ptîng:. to usurp. the terri tory:.
an~a: the independenoe an.d~Îîberti~·;of .tne:Ceritial'À:.medcan·.Statcs," aond.
·appoinÙng: D. Françi.ëco:.Maii~ O~mDJlQ 'V:it:e<eoes.ident tc exercise ~
su prep:~e Execu ti"-e p()\ver :dÜrï:ng. his ·abseru:e, .
And tbese. declarations a~ iri.·:conformity: .. l#ith the act of ,the Nationà(
Congress·of· the Republil~·of Çpsta Rita ~"4J'ei1'>@:çollnced by irs·deçreè or
'F e:bruar:y 26th. ·tss6, thât the objeéfof the war: "is tcij>roteet the inhabitaTI m
rj{ N icarag~a againat the.uminous:oppr~ion. afmê' free~, .3.nd ffi drî~e
th.em from th:e 'face ofilie.~i:l :~r CentmrAtneiîca ... ,. · ·
And the. sa me pÙql{lse :\V~ aypv.red.Jn th·e prOclamationioeuèd by P:ri2!!ident
Mora: the 2Sth. Febroary'two days a:fter the abov.e.deàee'.\\'U'~d·.
Mooerolenm pledgea of·the·objl!cts. ota State and .. ai the: liJie·.ol po licy to be
-adopted :in théir attaÏ.nmen t; wi th a view to pr~pitiate publie opiriion ànd' to
secure·ooÔperationin a hazardous.entoerp~i~e could not be.given,. 'Dieyba:vepp.
ssed .in to bistory: and they cannot be ·violated .with, impÙ'nî.ty. I t would be
a triatiH.est ·breach of· gOOd faith' :to' conver:t a:war th u11 :llcidèrtaken to d~fênd• ;t
$iSter Sta,te frcym "bandfta'='; ·an"d po~es!iîcin. th us: ~équ~ ï:n.fu a té;~i to:fi~J
copqQest,.and penfu!.rnint o~upa_fiç)n... .flin· ~:jùst;i~ôCthiS·~i'ÙSl might again.
iîght'up. the'ft~e; ar.·wa.r i~:Cét1:trilloA.~~riea·atÙI\pbs.tpàn~ .. ·[pdefinhety. the
pa$Îlcation:oi t:4e oountry. . - . ·. . -. .
The·(pe~pte of th,e 'United States 'Câ41~ot •be;mdit'ii{ient: to the progte55 1.Uid
prosperity ·of" the Central Ame ri~ :;i'ta:tes:• "\:.oith which they are d.estinèd. tq
havé:t!nJmportant and .mu tuaUf ~enf!lfi~lttterc:outse, 'lUs the. hope of the
Pn!~iderît:l;bat the political;tto:u.li!ea,W:Ilij:h. ~a.ve·,so long'harnSsed· them,: will
tië:nov{ brtn~gh t to a çan:d~:~:aJo;i ?m;i'~B:t .a .. ftoe,·~ci:.l!~able: gover:nment an da
wijé,ciJutSe o( admînistrat,i~a;:W:illî;iiablè~eâ~ of·~~ëffi-to eti.t~ ûpo,ri a ta:teer
()fimprovem.ent, whîcli·th:ey;ha~SIHnan'y.moFi~j5 ·f9 Pll~f!. ~nd. V...tt~rethcy
'hâve 5o -b~autiful a i'ègiojJJO:r'îili. tli~it éx'èrtio~s. J3~t. tl:ûs hope will:pr~
vain if they yiekl to a spir:it~ofc6nqu~st:a:nd ~ha.Ûi;t, th'rur' efiêrgi~ in hooijlè
~ff~rt:s:ag!l.in~t eaéh ot:her in:Stè<id:rir'-directing· thèm tti ~e pt>Aciilul :Ulvan~~mant.
of their ttuc mtcreatsf
:R:ef_eren r;e. was made in :youri:nstructions l to the con tf9v:ersy'; '\Vhich 'bas $à
long been, pending, betwffi:l. Nitaragt!a: a;ud Costa .Rica. tespecting- :;-th~:~k
bQündary. ·1 t is:a qu;~stion, wif'h w.b..ith the· Uni.ted ~ta tes hàVI:! no di reet
· intf!~t, e.-oeépt 59 fâr as it m~J:y aff.eçt the rçllÙ~.'from;.Obean ·tp: O~u by t:be
sap. Juan Ri~r~ .. ;['h,er:e ari!. peaoea,ble and.hpjÙ)rtibi,;·ll1ode5 of aoj~~ting: it
far tretier,tb.ruiby â. ~r~ to foroe. Aria 'ea'clFoLtiie.i>~rties has iit. tU:rn pro--
. P9sed tlulsto.atrânjeJi:,. bu . t ·r,rom·ci:n::u.ms~itêes.; tiimmrra#veJy irl!ial •.. the
pfor}llsitions have.heretofori! fa.iicd •. 'ltAs);he:ppinion:·o(.~e Pr~ideil.t that
. theS(; pa.rtîes ought to be rest~ed,to .the state.· thêy' were ;in .wh en the ·wa:r
commE>:nced, and 'he-recomm@llds th at ·thtw thcn;have rei.:ourse i:Q. the mode
pointed out.in·the•s:i:Xth articlè!of the .él~yton-:B'ùli;\ier treaty for the sëttle- f,
· 1,:SC,e,l_~1rutti~· d.ated:.t.1ay r_s, 1: a~;. .. âbriv:e? ·thm. pàli, dlX. ; àSti.
96
n,.~:· .. ~·(;;:;·~~-:·7~~r~·}·.~ ;l~~· ,, ·r.: ?·.~ t~ ·'ty:~t-
.1~ l '~
~ ·. ; .
~~ 1' ·'
. ent of aJlthei.r diliennoese·, ... ~'5-:pe:ri~nce m.u~ ha:ve-saô:~fied·cllem,·~~t!i,~e·
, :me hti!>·tj:lmé:; :whèn a irout-u'àJ ~rrangemenr ciùt. be-no!ongeî:: saft!Iy•.dêlay~~
Jfth~ ~ùrij:~~U~'recommended be·adop,~~ .and. a..spirlt of~prld Willpt~VajlS,
thOS!!·:'sw~~~will remove·ev~ ea~tre}:if't:!iSseri$iÇm .e'J'i~rjg between them
,and-~CUré~ t.hei! f\ltUre·fricnqJy-t~;tti~fl_!;- f«l .• nec~ -.t(l the prrispent)' of
botll.
the. pr9gi#S w<~~t$ ~as .re~df!~ th_e.ln;iir·a_~~J~ rQÙ res. ~?fô~ . the
_ 11a;r:r0w:·porÔjîns ~a:!t:e-~7rièan Çorrtirient'aquest.iongfg1®t Jmj:)urtan~ to
the co_mmerêia'l/w.otl~:~~d especiaJ!y to:the 11#ioed:Statc$, ·whose-.possesii,ons
•aten.ding:~alÇJng:'the;:~tl~"tîO: .and- Pa.çific;· t::Dà~ demand- the .apeediest- and
:~iest-m~es oltomrl!u:nioetion.. The-magnltu~e or·the.subject-it; is~ven
·nQ'~diffie-tiltitç-a~~reciat;e; and Jrcm year ~o ywifis:destinetfto ihcrease;i!l
.i~terest. Whlle::fhe;just·f!gbls: of' EOverei,gnty ·or the 'S'fat es, ocèup:ying. this
.~il~ :fihoukl always be:reij)~Çr,édlwoh'illl e:~pett: tlfa.t they will Be exefdàe;d
'ihl ilPirit )lèfitting:-tn~·çQeùi~·and thé n.ew dreun) start~ t1l ât havé·fuîâen.
r{ti·lf;t;~~.merttéàn cl.~&tqh:~{~tlis.ofin_tercaunie 011 the g-reilt h.~ghwa.yso.f
natigm, ~cf ju.:stHy itSélfhi~jlrig·t1Jèy b~lqr~g to~us-àn'd.w_e ba:vé the ·~ght ·w ~~t'th);lp. Sucl!·-a,pl:'ftÎ;ri~on';WO,~ld not birttderatid. lt is eq-ua!ly the
in te~- àtld th!!_ poliby.\ or ?-Il th~ ,;itate.s to:.encourage the.opening and the.
11~, of'th~trànsi t· rqut~, .. aruf tn.pf(!tétt them ag{l.inst veJtatious dela: ys: and
inte~ptions.· ,;vith the COJibu~ce of the-respective govemrnenu, a larml
l~reig:n, capital has bèen enibaxJret!Jn. th.es~: enterpnses, and of this the citi2e:ns
of thé United .. Stateà have c<mb:ibured.their .full proportion. ·unde.r these
clrtu.m:ab-nèes any efforts to 'i:ntèrrtipt tite tranait'or to interfere with. the
rl_ghts .ôl:,Ç~:t q,t'i~ "~ould be c_on~déred·'âli. wiffie~dly:_ad,:.:t?r tb·is · ~9vetn·
.in~t~ ·~~--~~. p~~ed Stat~ att~-~~ttrible tltli•~ fri,r' ihë r,~Jùrè,âdy
~:e(çrtê.d?t!ldheti: m:terest in tliis gr~t <I~.cstiqri is:rîl9re:·,ijnp:ômnHhan. that
_ofcan.y_ otni&:Pgwer-yet they seek no p_ecullar.p~leg~.W,b:a;~r .. Ali they
desire is .. ffiat ·tb~ ro~ res be kep,t open a;lni.',:r.ui~n-~rr',uptt;(lfo~.the .comm_erce.
an~ interçoll:rse of'.a11:~.ati6ns.otlike: · . .ând tb.é:iPresidentindu.lges the hépe,
th~t they- may yel: be;conSidered by~genmtironse:Q~'as·neutràl.h)!ihways for
the-wcdd, not ta be.distlu.bed bythe'ope:t:arioo.sofwar:
. Çon:llidèra;i9ns cfum~teâ with thîs.s\Jbject,.llid~ije.ntly:qffl1oee•aln;~qy
a.P:Verted t:ô, _woul~)·e·ilçfê'r 1(-Sdléme àt~ilqti~f ~it-~-\Ri~\~kit înlti!!~
i:è.p · ta.b.le. t.c- . thetU. m...t -è-d. S·• ta-•- :t'oec· . · · · ·ne tran:Si(,rr:ai(~->\#}Jià W~ m~dè by; Nica,âtua. WliJ:e ~i).de W:hett·-she
wâS incfùll.:p~9~i'ol.the' tênito,.Yv.thiëh they embrà~, antl.they ~il not
~i:à'fr~ç~ed · now · by aqy Jorclble seizure Qf this terri tory· qn ihe,p!irt cû' Costa
Rica.: It is 11-0t beliè\red t.bafc ~\n::b a: pteteo&ion. will be asserted. bui sinoe the
grants~:bave l:;een H~ë~Çtfo~ diSa:pproved l:Îy-t:hat StB:t~; itsaut:horities may; be
sfrqngly u.rged, -:if a ,clJa,ngê ofàc~upancy should oocur to set them wholiy
asld(!, Rr1ci repudiate~~lV.ibe; f)ghts to ,~hich. tiley have given rise. Jt is
proper, therefore, !:hat tfi:e:llit~{ect:·llht~Uid en~~e )'OUr nttenticm._ I do not
97
unde..-stand ·~at Costà 'Rica. has èvér ~~: jürlsd.IC!;ion. o.ver 'the,San.j uan
river b.ut ollly the temtoryon'irs:r~ght.<bank,.and the right ofen]oying its
rtavigation. How far her pc~~ens.ioxürnow ~;:xtend e.nd .whèthèr,tlu~y·.have·
been incre.ased by the even ts.oL the ·Wnr, :are not know:n here. Tb:ére èAn :oe
no ~nable objections té il muttial arràll,getnent ~ywhîcli the Cree. navigation
l'If the, ri \rer •. allan Qe·seci:ired:to her ci_ iitens, lea:Ving theju.~.i~.ctinn. ov~r.
it oo NicàiiigUa. Bùt th1s,govemmèntwould. see with reiùlitnil~·the:·~tâ.b;
lishmeni: a.nddè!':UPJ!,i:iori by Cos~ Rici:.6(niil.ibuy. poSitirins;aJo.ng,.~·iiW:,
l:lf wlùéh. rt.s Il.~vlp,tio~ . m'igh t ibcdli.bii( tc it(t,ettUp:tion \yh#il~~di- 'th~ ~0
S.tài~:!;h;i>uid ;~~ eoi~roiied fn_ dfspüt~s. We hav.~··re~~·#: ·t:q<&.iiê·v~ #)~!·
mea$ù.~ bave·already ·been. tàlçen with a~view .ço ,stiëh ... mU'ftary. ocqtpation·,
a~d îr:y'ou,~~ tJ:i<It such is fhe.fatt~ou will ~tmte wi.th the CkTy·
errtmCl<t of. :<Losta.. Rica Md presmfJor;:.:ît$, CQnai:dera:tioo the· ''Îews"herein-
·urgétL · . _ . . .
·_:A'n~ eq uimbie'· adjustm·cnt of thè·:q:mftii;tinsrctâ!rnsî of. th mm: ~o Stâj:es
mi~fltt~fty be 'ârtanged ... Ji tho1,1,t · si:ibjè/;!lrigFth~: Tôut:e.~or çomm u_rtit:ati9n. to
;qi.ffereat_'juri~ictlan:~. lt ia d~iab~;-,ili,':ù:·r:ayb :of 1he in'tt;t~ic=-n;)ut~s·
~ç.uld .·~ ~ugh.'th)~ tf!irit9cy: ~ôt:•a· sipgh! ·:s.~~~ tl1_~s· ~voiping those,
jeôÙO\l5tts and .oeÜ{sions \<:hic:h wotibi'be sufe•ÛJ âfiseJrom. a politica.l parti~
:ti~n. W~ere tiiernJnre. ulls ~bjed is Jr~~dy· 6~:(ain~-~Y ~dual po~esruon
:.and,-by the;exercise of jurisdid]on, the oeriltorl.aÜ~ondition should ilot be
·dlsturbt::-d; .but under the most i~pertoù::. .drctu'nstti,rices. None ~;ucb .e...-ist
'in thî!l.-ë<l.Se, and you ·"'tin m!ÛFt:e.knP.w:n to· the/authorlti~s of,Co!it~ Rka the
·conti dell t ~pec~ation of. the ·Uni~ :Stâ~ ;'th.at,the. pll~iori. of:the térrl,
t,OTY,1 o\ref \Yh_Îch ~Hi linc of.oom.triuhlcatlon' pai$eai l\"fill be le!H:ç> -!'~Jt;atagllii.
.l;té'epü1g thiS ~!ijeët in view, the ~~~dent· will_ bê g:rtitified ~i~arii, thn{.{ne
ii)ng-.continued i::ontrp.,~~;rsy bètW'~n Nicarafit) a· and Costa 'f{iëa, :'cbil~emin·g·
théir ·ttouÎipatY, :h:t;S ~n !lrfllclbiy and ·&a,ti~f~ct'on!y edjust~, · · .· · · ·
lam, S!:r, Your obediènt: ~r:vant.[etc.].
98
ANNEX 22
1 ' ,· • '1 ' i ~· ~ 1 •
NOTE FROM COLONEL JORGE CAUTY, DIPLOMA TIC
REPRESENTATIVE OF THE COSTA RICAN GOVERNMENT TO
MR. SEGUNDO CUAREZMA, COMMANDER OF THE SAN
CARLOS .FORT. SAN CARLOS, 14 OCTOBER 1857.
October 14, 1857
To Don Segundo Cuaresma, Commander ofthe Fort of San Carlos
Dear Sir,
By order of the General Headquarters of Costa Rica, I have been
ordered to proceed immediately to demand that you surrender the custody of
the Fort of San Carlos to the Costa Rican force. under my command; and if it
is not surrendered, to blockade it until it is reduced by hunger.
Since the instructions of my Government in this matter are to avoid
in every way possible any Central American bloodshed and to treat the
garrison and neighboring towns with ali consideration, 1 invite you to come
to consult with me under a pledge of honor and safe conduct to avoid the
inconveniences and pains of a blockade, which 1 am prepared to maintain
until the end.
lt is necessary to note that the intentions of my Government in this
matter is the better custody of this position against the dangers of
filibusterism, and the regulation of sorne political affairs upon which depend
the commercial interests of the whole of Central America, which the
Government of Nicaragua cannot sufficiently guarantee. If y ou surrender, 1
offer you ali the honors, as weil as the necessary time for your justification
and honor with safe conduct to wherever you wish to go with your entire
garn son.
With the highest respect and consideration, 1 remain your obedient
servant.
99
(Signed)
Jorge J. Cauty"
To know who this gentleman Cauty was, it is necessary to read the
letter addressed by Mr. Carey to the Secretary of State.
Punta Arenas del Padfico
September 19, 1857
To General Lewis Cass
Secretary of State
Washington
Sir:
The person alluded is Mr. Cauty, an Englishman who is interested
and has pushed for the Webster contract of transit. His son is a colonel in
the Army of Costa Rica and in charge of the lower part of the San Juan
River. He participated in the capture of the River and ofthe lake steamships.
Very respectfully, sir, your obedient servant.
Wm. Carey Jones
100
. i) ,(
ANNÊX23
NOTE FROM WILLIAM CAREY JONES, SP.ECIAL AGENT TO
THE UNITED STATES TO CENTRAL AMERICA, TO GREGORIO
JUÂREZ, MINISTER OF FOREIGN AFFAIRS OF NICARAGUA.
MANAGUA, 17 OCTOBER 1857.
·i:lô2i
W~in(&·.·re·h.LY:.Xiim.·. u. •.S Peew···· .i;ÂiFG.l!.FUJ. i.~;[{~~UiJ·:..: :.;s.-)#18J.d o .• -(;l'lntt!ll.America-, to
· .Çifti;r:fjl :_;!;~r._e#, }{i-rf.:iJ~J:-P!:~t~r?f.1.1!.:41lG:îY.s OJ~~i4rà~ 1
MA.NA6:0A:, O~~Mrif;;t$st:
sr.~~:_: ~·Ié~t.er which you _wer.e;~<tti~t-të_me un_dër\:.1~~-0f:y~~êr:~
ay;' ~~-;- · -· · _-~~x lQ·mrn:Uî~- J-~·ïit'â'~~-;~t ~e-.(!t~~on~:'tbf'
oonfiden·oe· .. <Willwhich. -it containà/;miK.- ··· "'ail ~with-the .• wur3ncé ,, . -. . • .. , ~ ,•;; .• .-;•; -,.L-, ,, •'' ;:, .. . . ' .. , .- .. '. '·. •. '-.>·~-:.-.~ .. - .... , , . ,•· .• . ' . •
"that:-.thê -authonûes'oFtfiis·R.e ubliè wilr : · · 'ràte:oili<thôae:'•rruhtèrs .. which ·~~~frt.-it.thi~);~:-~~·~#1--on ~~~9r~ilie:wril~ s~::oi •the
North. For the::'ffie~}fjoff?'·in_ re~pc:ct··of:-qth~s~tters;t.bat::I •have:in
cha,rge. 1 am-~;~!,:&;:shalLavail myse,)f oC/Il;: _
1·~4~~·al~y~b#t :fhe:sati:sf~on to w_rite·to, th~.Def*rtmeJit at ':Wâ#tin~ton.
c;[:the· na tuie:&ccha:ractec oftbe proViàiona) autboriti eii5tiiïj(in.Nicata~
~~~~~~~:~proadi:i~jt~inàtaliii,tJp'n.or:a:gcv"~mènt.1las"ed~or.î.·â:;w~tû~·
·S~~~~t~·~;:~~i:-~~~~~$~:;;~~~~~;:ze~e~q~~·
.fiôiniGiilil:àda-of tbe2~<~msl;,4 'âli(fi~iîtf 'in Jetteis'froin i:hls,câ· itiil,'fhilvif · ~:-~~~·;·;.,,,··:~~~~~~~~~:~t!hi;~~~~w:u;~~~~~~·
.of a,~~~ t~~~l!haUeoml:l~~· . d~ô~:Câ.~.apa l~w;. Th~~·t!I~
inforni@9~::~f··be, weH and· pt_ -.:. . . . . . ·- . -. ': !lY: li!le ·~mcilt· ~~~
.·p~i;il_c·of\'~ë.•Uiûtèd.Statês.J.&J1ould'·be:w~ted.m'aa.yi:rig,-Jrom;know,le4ge ..
,Of:tne,een.timentsôl':di.ose·.aüthorities"aiïd'Of:my,:feilc:tw,.citi.Zéns-,îii·qnnm.on•
towards tpe: Rep.u.bl~;of•:tliis· oon~nent: · . · ·. . · .. ·. · · . . · · ·. · . ' ·
.Hàppilr J::am:a~~é·;têi~~vè•you lurth~r~iance·:in(·_t:li}.~:~~ .l,_D.,~tf
·iB~~21w~t$>: ~~Jj~~\With-}pn~;~t~~~t~~~'tN:n~~~;!;
"·INO:~i!ni.~'tèl:i•~~ember.lli;.rs ttotbcr~~Stat'tF~{.iuoo;t.ïtit&ee,
·J~'tY~3J.~t~~~,i~1~,~~ril;thirNiti~~P~~):~p:~.:~piiit,..docf. 1'39~- · ·
lOI
614
letters whîcll" the bepartment,ofS-tate:.at Washington'lias:been 'plêàised to
direct to me I :am cop.stan.tly instruft~·a ·tha t the Unit~ 'S:i:a.t~à·;· d~ri!llf:tri àtl
respects thep*~rity and ha);~pin~·s.ôf~è ~-'t;lté;!; 'of'C~tr~lAmerica, hâve
an, especial 'desire tha t they slla.1L establi!ili and;m.:.ûriwn~ aolii:l 'govemmeni:s~
Y ou willlrnow'therefore'thit.t,i~:~~s'~;~~b!~· to·rn:e td rrüÎJ.:èfhe.O:>~~~
m\inicatié,tns .wJHch I found :a:pttô::tlle êlgmmÇ.;politics of this ,State. &. to
tJî!'l'~terii:lr, th.e. KoVel}lrn·ent':·or ~e Üni.tf~f!)~t~ -w:m ~·ow with régrêt th a~:
the qu_~tion of lhni b. behv!e~~: ·~·[email protected]~: ~~"c:l· Çost;a Rièa, r:em aihff'Clpen ; &
with stiJl more regret thaidhe:govellimë:nt ofGostà Rica holds, and' shows an
intênt·to ~oid, poaition~:pr.l .t,he I"lvti s~riju~~and La.k~Nicaragua wbich.
ma. y affect the exclusive jui:[sd.Iction ~t .belongs: to 'Nïcâ.ragua.on: th at line ot
bi~rooeanic transit. . · · · ·
Jtis th.e·opinion .. of·the:govemment:of.the Unite<:J,.States·that..the.go~
·ment o(Costa Ries. in inaugura ting tbe·war of whiCh' NiearàgUa' Was ·la_tel}(
the aoene, precluded ïts-setf by its :public. declaration6Jrom:l1rty territotiat'
::;>.cqpù;Îtions o.r ad van tage:.J · io _thè r~û~t· of i,t; a,nd thit~thêr:Eiore îf :the '~ô
StatesstiUdiffèras toa.·divioory,.line~/#.P,ositiÇtn il;l·:wi:Îiêlitb'èywêfe·antèriO'i
·~ ·~e. war o,llglit tl)·be restor'fd, @th''Îil reyp~ '()ff~tand. lâ.\\1, that i~~ ..
ii:a.Ving thè Rep~Ùbli~ ()f .Nica~Ua:.hi'tli!h~iÇlû$iVè jurisdittion:· o(the tr<!hsït.
'It.ï~:fur'th~r~e\>Rini.on.of:thè .. 4iû·~',~~-~~ thé route- by way clf thé
·rtvet,~.J:u.~it:arid1Ake ~it::àJ"~gtiiiou~~,t:t(),bé, nnd.er ~ ~qk:Jufisi:liction, and
that tp:à:tjuri$diction. ought·tcùji~in,withttJu:··Stil.te wbichi in full. possession
ont.. heretofore::granfed the:uSe:oMt.~
-.In tlli.s vîew, 1 à.m inst:fuc~ 1D'·:rem.onstrnte" with tJie,,government.of
~CQ5ta Rica .in the. event: t;hat if! ~li.li ·~rne :to my .Jmowledge tha t,.that Sta ~ ·
· proposei!.toavail itselfof,tb:e.~ualHies of. the. wir t:o ·hald terij:t;ory or milita.ry
positions_ not before in its pO~Ont mid which may ma.loe:the inb~~-~tc
communiCation liabieto.ùiterruption. · · · ' · · ·
.F~rtlier, i am· direcie~t: in: thal ca_se, to bri~i to tpé' niin~ oLth3;f goV~f
. mruit the d~~ratiô#s~qf ~~intèreStednëss.bf!Jhi~ it.~ad.~ i~ jû#~catiC:m
in the opéning.otb~î#êswil:h av1ewtppfopiti8.~ thes)rmpatliy.a'p#Uté
·th~ co--opeJ11Ôon' oFth~;Siaié,s. ·
The lJnUed' .Stà,tes :ô~rV:e·.~· .a. rul,e;n(m-~inJer;{eren~ .Wi th questions exteriot:
to their liffiits.. But -with regard to i:h.e: R.epublioe .o!'this.·contineot
they ne~sarllY:(ee! .an· especiâl.in;tèr;éit,~ as:~a;ViJt,t :me.m.se.lves made the· e.~·
ample obenoliricin,g the con trol.ç:f'a 'metro.pollii .fu ithe other hemlsphei:e. .and
establiéhir!lr republican. instead of mon<U:Chicalinstitutions in the-.new w.orld.
This ;sentiment of sympathy~ and rriendshti,Ppûght:sometimes Bll,d with
pnJpriety; iitduoe them to. proffer a.!> benveen 'éootending States on this con·
tinent their good .officiès, tllough ,the questions at ·issu~ &bould 1n'Ot:,
beyondth~t·friendlt regaril, ba.,ye;:ati ÎllteréSt;for them.. Butin the>present
càoo the United States, havé ari ~àHnterest; 6rst in respect Qf·the. duty
wbich 'the. gtivernment owei tô.Tts cltizens, who bave: entered int() -la wfld . - • "'. , ,<...-, >:· . ' • . • . - . : • • . • " ~ ' •
102
~~~~"-·.~:L~~~-~~t1~;~ r·.f '. 'f r.-~11;·.;>_· .. ~.·'{q_~·.ll_, J
.'·
"=~~::;:arta· iijVr:S~td.: ~~.,,n:op~Y.. -~d= ~r• in ·theJnte:r~~~i~.p.a~:.
~d,l;y,, in res~:of;~th~j.r~;pe'~llHa.r p95itions as em.b~ciilg ,ca~mullJ,~i.è:S;,
tHat,border on: bo~: Ooeà,ns;',l;~~'t:;With. ~- imme.n~ non :J>Opul~_têd ~ô1i!itrict1ëf
CQuiltry'~tween them,.anâ5tliere!ol;'l! r,equiring for. (Jlêk p9Litj_êal~è:P~rn~r~
cial, and:, social .in tercoÙrse>the. u_oo:of th ose partsool ::the: oohtînëri tlf:hat·offer
easy.:·communiea tian.· from oné, to :fb.e·o.the{&ea.. :Ând',:tiirtid,: -a:s'·o-në .ofth:é.~
great'"~tiine and· commerclif~~(>~; ·con~ed.in ·tbê·Jreedàô;J. ofihe,
~s and;~e:npn!interruption of cWê:·ro~'~l>etw~n::tbem, .
The t1J],i~; S~~es. h~ve the opiÜi.otÛtb~ore thàt th~y m_ay with. en tire·
~~~g~:6~~::.~~~ir~::~~~~:iCtr;t;·~~=ç~~:~~:r;;·
lÎ{tbèm::&n' .. n'ièâsüiê'ffia:t·èhould lixik>tif·~ in.' tb'e' .. thmsit oüt.of. ui.é:·or··.' ~~~·t:F~t~~~~~~~~~~~~~4~~~' ... ~~~ . ·:~p~, fi)ÎlitariJy:, :thti fivet,Siiltt: Juan~,- the Lake ôf>'N1wligtia or\)~~)!' ~r:t~,
.<Jt:mild~rot.ïte. · · ..
.. l_·:~,,t~ t~Jmow.:fhrougi>:you:r. very _.a~ptable. note that th~ :Repu bUc:
of :Ni~~- hà!ll· n9flhe· iiite~'ti/lî,i,, from. ll.ftY ·real. or su.pposed: pr.ur,e of
éirtu~cèfl, to·S:bantfcm·the-ipurt~se advanta~~ 'tbat the-po~ssion of
that,;f~q~ ~()ril~; '~fi.Q~) tba.t··(he. .. friendl_y recognition whicb the governmen,
t ôfi ;~ê W*i~ Stàtes '·â®rd$ tl) the ~â~t jurisd!ctioll; . an·~ wv-
. ~(~i.ti; 'pk,~i~~agua .in ·f:haf:#i~e. _Une v.:nj nôt 'De; fo:rfèitêd .for w~t
of: 6.rti\ri'é\iis. on. 'the . - .·. Of -tJ:û.ii·D;_,.._ fi tiC,._
-- ' < -·· • -. •• • • • part... ,,.;.~~H: ,, 'i•. · Jn ~~Pëet;.Of ;this su\?jecl,.~t· ~J.RS'ro;îcted by the Dè~erit: ât·Wùb:-
i[lgtop to ~-":'tç;rt1municiltidrièé,l~·· wttü ,th~ 89Ver'n_m~.~t5' oLÇQ)I_~J~tif;l ii.·
.Nicaragttrt:, (l~d"~''atn. ~~· ill &a~à~. ,th at ·th~·'ur;tî,t~·S.tii~s: 'WfU_ ~9t.
willif!gly s~·tflejliDSdiction-of .tlie·rou,~.,pf t:raD.&tiii~d~ •. tiôt~~Y cprjtrol
o:v.er it,-ot;·ift~eif~n~ wlth {t, exerci~ by, Jl10r.é.,~,#~:I>Ô;y'et'ejg~t}r·
.Beyond.' i:hls, ,the i't:Jmted States' d~ nobpropoàê; tp #1'.4t~<âfiy suggèll_tion
'a.:& to:wha tJinë.~ or: on. w,hat terms ~t'h~:oo't~i:triin:ou.s ~st;iies ·8Îiall c.Ompàse
the ;qiJ,estions bétwee}l ihem; . . .
'VK!!eping •i.ri -vie~l';Q$ "I·am !i:r;tstrut:teif, a;aole jurlsdiction :of~ thf! · tra.n~~
· ~e~g~~l!ll~~,~'â!!WistUngt'M wijl be:~lad ~Jo~q~R~~.\~~ept·:b)'•:tfi_(!
.. ·conêürrenoe· = ôf the: .two ··States, w:ithoùt' èX'ti'a"tërritiOfiald.nter-Veotion ;·.and
. ~)r "~rrarig~ïn~~):~~M~i,nû'f\lîillt ~e whïCti :~~~,.·. ~ 'be(t>~i~1: ~(?r~:h e.~ ·:
;5eey~· iriâet. the t:iafiSit· :Will Haveè the cordial · 'ôd wùFol·the~Oiiite(fStâ~· 'lf~~:~r~!~~,w~·;~fà[:;~;iï~'ft:Lt~
,&,tru·~ :~~~ver, an·d this ~·a J)Qh:Ît tha;t:Liipp~cb With deljqtcy; t:Ji~.t
·:the 1:ime•has'.c.omé·when::m~o1le .mode or- anothe'r, ihe·wJiol,e qtiJ!&#Qn . .ought
· ·ro:be.rèa?lv::ed.
103
i_,
~he· pr:osperous·ad~noe,rnent o! the- twc.-,RepU:bJics,- Nicaragua and-Costa
Rica, requi.res it; and- the positions -and iritèrèsts,of the ù'nitêd. sf.,.it~;. it i~
hat-9~ beyond ',reaS(Jn1n.-me to;sà-y, rencler-it for:them-imperath~-~
The convention for thatobje.çtwiÛcb \11.~-rri,a:~ ()n the ()iQ July'!Ut -by,
'thè speçi~ oe;J\unissioners· of- Ni'carag'u~:ànô-.~-rut.a. (]>ut nbfofi~lY
eondud~~:ii;,iknow:n-to me; ::tn·Vie_W: 6f<'ther:êlations dui't it-wa.S.tbe:in~:D~
tion·ofilié gtl:vernment or the't:iDltéèi'sk~~niliouid have with -the authonti~:
oi. th~~:Rèpublks, their in~Haa:;~~:n~borit,_ it-\\;ili not become me-to
express:.in:opjllion as to.the.pfiici~:I:Ïmits';th#toughtto be acce:p~.bie to llie
tw<>'S~ tes, ·.npr to say .moré ffi; tba~;P~~~~ :t#&n l_ am spe.çiâ1Jy:i_nstructe9,
r:t.amely'; that pending-a ~n~ÎJ sé.t,il~e#t·_t,qe_;st!t;tNluo ought tQ: ~--resto.roo
~d- th.e~ sêttlèmeilt- î ts-.self ta pi:byidè: ffir;~à'j~~ictio_n in !4C.t o.fthe tran&:i_t;-
on·_ t:b.ia.l.atter point L a.m~~nfidè_rit tha.t tlie:l:tonorable .Minister wbom'it
ill my pdvilege. to add~ ~Il paidcin m'è J6r.:·.the wggestio.n that ·the: con.
verrti'on alludé'd·to ishardÎy<as:clêar,"asin a [email protected] be
deslràble. · ·
With tb at point :~ach!' linequf~~~· ~O~Id the two contra,è;.g, ·~~~
agree on tlle·•terins'of thàt corrv.èrtdon, no. other Stat~ .w~u.1êfh~1:\le:i right
or. ~ _disp()~i~~n- to :intetpe~. aqd. ttie' hoh,orable gen.,tle:nian attd'tom~dei'
(General Canas) .to ~born. Costa Rica :had 'the sagaa'ty. tq ïiQb_tnii;_ the~ n~go- ·
tlàtiO.n:on.her part may have;tbe.CQnseioiumess that hcd1à5 nof:JOSttanythlng
to' his country" - ' '
In.~ a:. rtlutual ànjrige.mênt ~rurpt be sp~iJy mad~- I ~· ÎqEJtruct;ed
to•suggest that the.:'mô(je- oÎ'arr~nge_ment méntipl)~_:ip 'the-sixth. artic!e-ôf
· tlîë 'tl'èa;ty cenelucièd. 9~ -ôf -ApdJ •. t~SP•: b:ètweim · .Wè go vern ment :of the·
t:Jnited~Stàtes and tha . t ofG~_lif~:Bîi~in(Ioiown:as the Clayton & Bulwe:r treaty' bè resorted to. The fnendly' çftî~·. whidt:, a:s 1 ·Jearn by your esti~
_nlâbtè· note(ila~ ~n invi wa 'lfy--'thi$ governll:tent-Jrom til à t or Guatemala.
rweimli ol vtèrdù. n &J. '~ e the. ·aecess'• itY~ci('J o.ô king~t. ri.· the ·m,edlation of:Soetèi; m.( ).. rè .
Oi_il., cl.th~r.et~nt. ~eJrieru;~s~~:>:an~.::t9od. will ôf~~Uriit~ Sta~-~
thé·States of Central .America· ana' the_. fixedn~. of the ··~ptïgbt&- impa.r:ti.Ql
)udgement wliieh they have;{o~-·i':n: the·~ ~i~dy}n'c:bnnid~rat;io_n,
'.niay~ .relled on. tt will; gi~ hi~ m:.uch_ sa~açtion ifit-;sh~d>h~ppèi:J. to
m~ ,ta co~pperate w.ith th.e repr~iJënt;l t;i~ _ whicih. the SÇàté ~(_~~. ().r
;any çather Qf- tl;ie :Sta~ cif .. Cen_fr.~l- ~~ri_ça, may eJtlpoWel'··t-o: ad yi~ i~1..the
~ding _qu~tion ; an,d it would. ~ -with pal;~, tbat l shquld .~.tnJn,tUûea~li'.to
the::gove'nunen fat Washington, that in t~ · n~o"tia:tion,s li~d ,Jailea.
If th"e view&:ofthe-United:Sf:ates as they are-abôv'e;ex-pt~ can be of
anY serv:içe in:.proê:itnng'' a .apeçdy solution.-Qf'?the question, .this note wiii
ha:V'e been to a.:g_~ puÎpose. ·
lt :wm be iriterwsting to the goVetnntertt,qf :the ~Uniter.J~st.a~, to b.e fully
informed of the adVicès whi~ this ... govetnmérif~Y'JiàY,e:Qf. ilie in tenti_qris; . . . . ' .•. ,
104
' ' . ' '·
617
105

ANNEX24
NOTE FROM PEDRO ROMULO NEGRETE, MINISTER
.PLENIPOTENTIARY OF THE GOVERNMENT OF EL SALVADOR
TO GREGORIO JUAREZ, SECRETARY FOR FOREIGN AFFAIRS
OF NICARAGUA. 6 MA Y 1858.
Farewell ofMr. Negrete
LEGATION OF SALVADOR NEAR THE GOVERNMENTS OF
NICARAGUA AND COSTA RlCA.
To the Honorable DON GREGORlO JUÂREZ,
Secretary of State at the Ministry of Foreign Affairs
of the Republic ofNicaragua
SIR, Having been signed at San Jose, Costa Rica, the important
treaty of peace and limits between this and that Republic, which was
concluded in the city of Rivas on April 261h last, according to the act of
exchange of that date, the undersigned Plenipotentiary of El Salvador has
the pleasure to inform you that he has just arrived to this Court to cordially
greet the Government of Nicaragua, and to congratulate it for the conclusion
of the serious questions that existed with Costa Rica and to announce the
withdrawal of this Legation to the capital of El Salvador to inform its
Government of the successful result achieved by the undersigned Minister
ofthat Republic in those ofNicaragua and Costa Rica. In saying farewell, 1
am very pleased to state in this note that my heart vehemently wishes that
the present social wellbeing of the Nicaraguans, the internai and externat
po licy of its Government, and its well-foWlded hopes for improvement in ali
senses shall consolidate each day more and more and shall soon become a
realüy. El Salvador happy if it contemplates a great and prospero us
Nicaragua! May the Supreme Legislator of societies illuminate the majestic
Assembly that is sleeplessly working on the political constitution of this
Republic! May the Divine Providence be prodigious in providing the
assistance that the Government needs to better direct the peoples whose fate
it has entrusted! These votes for Nicaragua shaH always be made by El
Salvador, its brother and defender.
107
This Legation, recognizing the attentions, gifts and honors it has
received from the Govemment and people of Nicaragua, also consigns here
its highest gratitude and fervent desires that the Government shall always
find a powerful support in its people, and the people a paternal
administration in the Government, 'a~ is seen today in Nicaragua with
pleasure in Central America and with satisfaction in the world.
Animated by these desires, the Minister of the Republic of El
Salvador bids farewell to the Honorable Mr. Jmirez, reiterating the highest
esteern he is worthy from his very attentive and very obedient servant.
PEDRO R. NEGRETE
108
[ :.·~· ;·~)~" ( >· ' " 1 :·1 ~~ ·'1 ~ ., -' .
~ :~t'l;
ANNÊX25
NOTE FROM MIRABEAU B. LAMAR, UNITED STATES
MINISTER RESIDENT TO NICARAGUA AND COSTA RICA, TO
LEWIS CASS, SECRETARY OF STATE OF THE UNITED STATES.
MANAGUA, 28 MAY 1858.
,,1436
Mir•s B, LàH»r, : · ·Mrnisür R., ~q·:N,~m'}l fUD._àtifl·Co:t4
· · · · lUea, ID ·Lms cçrdar~ of SllJie oflhsUnüt4 St4lts 1
fmucrJ
N,o.IQ MAliA®A, Nt~otr•, MB.~ za, ilsl:
;$~: , _, , D~-qm-lme:intêrvlei·(th~_ .; _\. . 1:~~- .. -~- . ·. ., !on
@k:pJaoe.in ~e\pr~ctijf.~e .BelgwfM '· · · j :~m~_poiob.:~'tbe
Tta~ ·and· upo~.Jhe·imr».rtance ôfifr'· · · · · · but l ca~d
. :iTheomitted~rüUomen-. .: · · . ~- _ · --mendonèd·~~~
·:(_ "'_f'} -~~D~ hn- · •-· :d_fdtilL· _ftb -Kin··._·~.:· :&fi oe· ·:I.~COzlJid...ù. Of_.. lnt Ul OWLg sen~,ce .~_HJUI 0 ' .e -'~nJl ~JIWIWIUL ,ve WWD ' c~ ~~ . . .. :
.ÙD~Cè to ~ . . . -tllis publication. ~~ 'tftlty; .iJnp~~Y'ao41IW .rtferoed t~
~~~~~=~~db~·~.~fqf«QmjO,~~.·-rib
· •1~D.espatcl!_ts,Niliafllr& Costa Rlea !Cèntral: . . ), ·vol.·l R9Cé1ved junu8,
. Th~ tWô ooû«é.d·pott~~~ olthla deapatc&-~hll:è4nimllf~au miniBteuesidfJ)t ud
to·daunt "
109
. .
get nothing out of th.e Seeretary up0fi~ thè aübject, ·ex:oept tb at oertain ameqd~
ment& and modffioe.tions bad been! forwafded tô Mr. Buchanan and th at as
socn as Mr. Buchana:n's a.nsWer,owas fec'cived-whicb,·he said, woutd. be in
about cight da.ys,-the Govern;n:ent,. wou1d:·'then be able to speak more
definitely about its fat:e. · - ·
In a previous conversation with-the same·~ Cortés., be aeloedwhy
were the Amerioens so·aruùous to.enter N(caragua as filibuaterB1 while
they are invited, under liberal coloni.mtion .h\ws, to come 8.!1 friends? l
a.nswered that there wa:s no.proteÇtion fot my rountrymen when. they came
under such invitation; for, atany;·mom'ent thal: tl;le Government or inftuentiaJ
individuala became offended ·Wid.t,or jeâlous of-them, they were liable to
be persec:uted, abot. or b8.tû!tied, and. have tbeir property· confiscated.
Und et the garantees of a Trenty tbey\vould ~me M peaoe.fu.l and indust_:rious
citiZeos~ and ali would be welh but ther:e :bcin8 no Treaty. thùe is no safety
and they .must ei.the:r koep out of the country, or rome into it with;arm.s iO.
tbeir :bands for their own protection .. He made no reply. ·
ln my despnt-eh, dated a8-l" Aprll185S~1 .I menticin.éd that Pmi.d~t Martinez
bad prooeeded to Rivâs to ·mee.t there-PresidentMora, of Costa. Rica,
for the purpose of settling ·the qi.iestion 'of ~ow:\dary betwwn. ·the two Republics.
Oo. the return or the Presid~t t6 :r\1anagua, the acting minister of:
Foreign Affairs àddressed me a note (N~ .J9)t enclosing a eopy of the official
Gazette, which, he said·,-would in.form me of the happy resulta of the inter.
view between. the two Presidents. at Rivas. t·send herewitb a. copy of sald
Gatette·and a1so my note-{N9 k~)L-fu reply to the Minister'a. ~Y ou will
fi:nd i:n the Gazette aTreatydf:_limita betw~ thetwo .RepubUcs. bywhieh it
appears tha:t Nica.ragua bas. conçedèd ail that Cosra. R4oe de.manded and
probably more tban abe eVes- ex:p;ected tO obtain. Under thia Treaty Cos~
Rica nowclaims aU Guaruu:aste.'and the righ.t bank al .the san juan,. from
titree rrules below Old Castillo; to the _mou th of the riVer. including Punta
-Arenas. This oenoessioe wu made à9 an induoement to Costa ruca to en tet
into another Treaty of alli.ànoej def~si-Ye a:nd ·offensiv-e apinst the Fm~
busters. . Besides these two t:rU lies. a triplè. convention ·wa.s oancluded ·be.
tWeen s3.id Repu blies and SàJ:vadC?C,- for the ·sa.me avowed purpose. It .is
eXpected· by tbese Govemïnenbi tba,.t the t.Wo Ctber States of Central America
-"Guatemala and Bonduras-wiU soon unae . in simllar alliance, Tliese
treaties have not been publi_shed; they are Ont y alluded to in the Edit:orials
of the Official Guette. Ail thiS is done-as it is said here-:-for the purpose
(}f presenting a. fonnidable rroht agains:t "the ,common enn. .. my"'~d
who is .mean t by the common enn.emy will be 'read.ï'ly oomprehended by rel~
e.renoe to. President Ma:rtine:z~s ~Violent proclamation, which 1 forwarded
wit:h my last despatches. · · ·
1 ~ ttm pan:, doe •. 1432· . ·: 1 See note ~1. p, 675, 11bove, this part.
'.Foc tM! tuf: of bia re.p.ty, wbic& was dAted ft~y rs,tS~. oee above, this part., doc.. 1434-
110
:.v;~Ï';f~(:Kf;~\ Î~i !(f;)./·i'.l<i):.~~,1~ .
. :·H:_';.~'.':;/; , 1 •
~tir:!~
r.Ur a: eonumc.a:notts noM .CINTJW. .umRICA ' ' .~ . - - - - - - -
Mr. aeUy-the Frenehman alluded. to in a. former dispatcll-eamé with
P.resident ~~~ and Negrete; the:<SaJyat{or Comtnissioner, to Riva$: and
without doubt ·exerted consid.erable influence in. the negociàiion. which took
plaoe there. lam creclibly informed that he publicly denounoed.the Irisarrl
Treacyin·Costa·Rica, and apoloe violen.tly against the Ameri(:all people and
of thcir desires of ~ott upon Central Am~ca. He has been .bere
sevend times but 1 have never seen him. He bas conJin.ed bimself to confi··
dentiaJ communication w:itb the Government, and no one~seems toJmow for
what purpose. The genem1 uru:lemanding is tbat he is in secret negociation
for a dgbt or charter to ~ct a rail-road lrom San Juan del NorreAo
·tOme penot of the Paè:Üic-and this I think is proba.bl.y ttue; .in<as nruch as
some of the .memben ohhe National Assembly have been enquiring whethe:r
the United States woütd permit suth m enw:prise, or not. The idea ·is a
popular onej-"'Dot lfrom any desire for public. improvement ,but on aer:Ount
rJf the hope whi.eh it inspires. tbat a work of tbat kind. ·oe~tructed- witb
french capit(l.l, and frendllabor; and owned, and contrôlled by frencbmen
would lead to the bidlding up of a french pqwer ln tb.is coun.try wlùch wouJd
be able to keep the Americans in subofdination. Sueb ~ tbe hopes and
desire of tboee who control the destin y r#. this nation.. 1 do not ~uppose tl:tat
Baid Belly .bQ _pmmioed them any·thirir in the nam~ of his Q9vemment; but
l: apl oettàin t:hat :there ptèvails mtb 1s tount:ry a strong .impressio.n that
~ranoe 40d EùgJand, as soon as they èan ha.ve a pretext lot so doiog, wiU
unite with Nicaragua and. aU Central America in a war against the ·unite<!
St:a.~ The natiom ia -lookinc forward. to this event; and the strong ·belier
that it wt11 oooner or latet taloe plaoe1 hu mucb to do in shaping the present
poUcy and . measures of this Gowmment.a
The: Belgium. Ple.nipotenlary-Mr. Kint--arived here about throe weeb
ago1 and bas just CO!lcluded a Treaty witb this Gove:rnmen.~ He has
negociated. similar treaties witb. aU the Gentrtù Am.èrican States, exoept
Costa Rica; whither he wm go in a few daya for tb.e Slllne, ~- .He i:s ·a
gentleman weil adapted to his mission, as be combines :fine addresa: and ami"
able temper \vith eX:tensi\re knowledge, experience and considerable talents._
He waa in Guatemalà at tbe time ·our Casa amllrisarri Treaty was cfis..
c:Ussed by that Government. He tells me ~t it met with ~'oppositiQn
for' a whiJei but the authori.t.ies finally -~ Ni~ to ·tatlf}f
it without any amendments, or modifioe~ • • • · ·
.1 have the hqnor [etc.].
1 Il

·.-· i,
ANNÊX26
NOTE FROM LORENZO MONTÛF AR, MINISTER OF FOREIGN
AFFAIRS OF COSTA RICA, TO ANSELMO H. RIVAS, MINISTER
OF FOREIGN AFFAIRS OF NICARAGUA. SAN JOSÉ, 22 JULY 1872.
Remarks of the Govemment of Costa Rica in refutation of the doubts
expressed by the Govemment of Nicaragua regarding the validity of the
Treaty of Limits
SAN JOSE, July 22, 1872.
SIR: 1 have received the letter that Y our Excellency was good
enough to send me on June 30.
In that letter, Y our Excellency states there has been no intention to
incite an immediate boundary resolution, but to expose what the
Govemment of Nicaragua considers to be an unlawful act by an employee
of this Republic.
Your Excellency continues to repeat the same that has been stated
already to support the opinion of those who believe that the treaty of limits
is illegal; you insist that the so-called "Desaguadero" in the royal decree of
Aranjuez is not the San Juan; you affirm that various royal decrees,
geographers and tradition show there are differences between one and the
other; you state that the grant of grace made by the King of Spain was to
conquer the territory indicated in the royal decree and that nobody will dare
to assert that it was conquered; and you conclude by asking for a forthright
explanation with respect to the conduct of the Chief of the guard posts.
Y our Excellency will allow me to say that in your letter of May 22
you did not limit yourself to the question of the guard posts; you went
beyond that; you stated that the status quo should be observed while the
validity or invalidi ty of the treaty of 15 April 18 58 was re sol ved. Y ou added
that said status quo should be understood as follows: Nicaragua exercises
free navigation in the Colorado and uses ali the points and places ceded to
Costa Rica by virtue of the treaty of limits.
So the status quo, according to Your Excellency, is that Nicaragua
possesses ali of it as the absolute owner and lord.
113
Y our Excellency expresses in that same letter that after the validity
of the treaty has been admitted, it would be necessary to practice
measurements, and you conclude by stating that Nicaragua had granted to
Costa Rica vast territories contiguous to the right bank of the San Juan
River.
In the presence of these concepts, it was necessary to say everything
that is stated in the note of June 1 O.
Even in this letter I cannet li mit myself to the question of the guard
posts because Y our Excellency does not limit himself to it since he insists
on the boundary question and invalidity ofthe treaty of April 15, 1858.
By virtue thereof, allow me to say, Sir, that historian Juarros
describes the boundaries of the District ofNicoya as follows:
"lt is bound to the West by the Mayoralty or Alcaldia Mayor of
Subtiava; to the South, by the Pacifie Ocean; to the North, by Lake
Nicaragua; and to the East, it extends along the borders of Costa Rica."
The same is stated by Alcedo in his Dictionary published in 1788.
The illustrious Don Francisco de Paula Garcia Pehiez asserts in his
memoirs that the kingdom had five govemments: Guatemala, Nicaragua,
Costa Rica, Honduras and Soconuzco; and nine Alcaldias Mayores, to wit:
San Salvador, Chiapas, Tegucigalpa, Sonsonate, Verapaz, Suchitepéquez,
Nicoya, Amatique and Mines of Zaragoza.
In the well-known account of the Kingdom of Guatemala made by
engineer Don Luis Diaz de Navarre in 1754, these words are found: "On
January 19, 1744, I arrived to the rnountain of Nicaragua, which is a very
rough mountain, where the province of said name ends at the place I have
explained in my first trip, and 1 entered the jurisdiction of Nicoya, which
even though it is an Alcaldia Mayor ·separated from the Govemment of
Costa Rica, it is considered a part ofsaid province." Thereafter, the same
author adds: "The capital of said province (Costa Rica) is the city of
Cartago; its boundaries and jurisdiction are: in the northern sea, from the
mouths of the San Juan River to the Shield of Veraguas of the Kingdom of
Tierra Firme." ·
114
. !.
The La Fior River was thir
11
dividing line between Subtiava and
Nicoya, as shown by the land titles and by the practices established in the
respective administrations since immemorial times.
Three years after lndependence, Nicaragua was suffering the scourge
of a civil war because of the disagreements between Leon and Granada and
Managua and Masaya that so much afflicted ber.
Costa Rica, on the contrary, was established in absolute peace and
tranquility.
The district of Nicoya did not want to run the fate of Nicaragua,
agitated by discord, but to definitively belong to Costa Rica.
Costa Rica accepted this decision in 1825 with the approval of the
Federal Congress.
When the Central American Union was dissolved, each State
preserved the boundaries it had at that time, and this is the uti possidetis
principle on which they rest toda y.
Consequent! y, Nicoya formed an integral part of Costa Rica un til
1858 when the treaty of limits was signed.
By virtue of this treaty, Costa Rica separated from the La Fior River
and withdrew to the Bay of Salinas.
The line that is guaranteed to Costa Rica by the treaty is insured by a
possession of many years.
Further, in the division of the foreign debt, Costa Rica was given the
part that corresponded to the territory 1 am talking about.
Costa Rica also recognized the part of the colonial internai debt that
corresponded to that terri tory.
The royal decree of Aranjuez fixes the boundaries of Costa Rica
from the mou th of the Desaguadero up to V eraguas.
Y our Excellency says that the San Juan River is not what is called
"Desaguadero" in the cited royal decree.
115
In my letter of June 10, 1 had the honor to state to Y our Excellency
the following:
"It is very important for the nations to fix their boundaries with the
foreign, and the dividing !ines between their provinces. For such purpose, it
is sought, whenever possible, mountain ranges, rivers, lakes and seas as
boundaries. In the Council of the King of Spain, this notorious truth was
taken into account and the most remarkable and natural dividing line
possible was fixed as the boundary between Costa Rica and Nicaragua: the
San Juan River.
Nothing has been answered by Y our Excellency with respect to this
re mark.
According to historian Juarros, the south bank of the San Juan was
considered part of Costa Rica, which shows that what was called the
Desaguadero is the San Juan.
The ancient names of the rivers on this side that fall into the San
Juan confïrm this same statement.
The river immediately next to the Old Castle is called "River of
Costa Rica" in the ancient charts.
To maintain that the Desaguadero is not the San Juan, Your
Excellency talks about decrees, geographers and tradition.
Y our Excellency will allow me to say that neither those decrees nor
those geographers have been presented to date.
Your Excellency knows very weil that traditions are based on an
enchainrnent of competent writers who, in a series of uninterrupted years or
centuries, present facts as true, which attests to an absolute uniformity of
beliefs.
1 do not know that series of writers who accredit the tradition that
Y our Excellency re fers to and tho se 1 have cited not only show that the re is
no absolute uniformity of beliefs in favor of the thesis maintained by Y our
Excellency, but that these beliefs have a complete! y different meaning.
Y our Excellency says that the concession made by the King of Spain
to Artieda Chirinos was conditioned to his conquering ali the territory
mentioned in the decree of Aranjuez.
116
·1
' '
Mr. Minister, before Artieda Chirinos, Pedrarias had already
conquered that territ ory. Th~ conquest w;as continued by Artieda and
concluded by his successors. Ït is so stated by one of the aforernentioned
writers, citing ''Décadas" by Herrera and other writers.
So, even if the rights of Artieda were conditioned, the condition was
fulfilled.
Further, Costa Rica issued its fundamentallaw in 1825.
In said law (article 15), it fixed the mouth of the San Juan as the
boundary with Nicaragua.
The neighboring Republic did not make any daim.
The Congress of Central America accepted the Costa Rican
Constitution, and the Federal Authorities respected it until the pact of unity
was dissolved in 1839.
The treaty of limits is objected by stating that the Constituent
Congresses do not ratify treaties: therefore, the Constituent Assembly of
Nicaragua that ratified our treaty acted as an ordinary Congress: that under
such concept, it could not alter the fondamental laws of Nicaragua with
respect to its boundaries.
Mr. Minister, this argument is only worth analyzing because it is
presented by a person who bas just been Minister of Foreign Affairs of
Nicaragua: Licenciate Don Tomas Ay6n.
The Congresses or Assemblies are the branch that has the power to
enact laws.
There are two types of Jaws: fondamental and secondary.
The set of fundamentallaws is called Constitution.
The collection of secondary Jaws is called common law, and said
collections receive various narnes, according to the category to which they
belong.
The Constitution is the basis and foundation of the common laws.
117
More power and authority is needed to enact fundamentallaws than
to enact secondary laws.
Constituent Assemblies are the supreme legislative branch.
Not only can they enact fondamental laws, but also secondary laws,
for which they need less power.
The various Constituent Courts of Spain are manifest proof of this
notorious truth.
The Constituent Assembly of France not only decreed the principles
and the basis of the Constitution in 1789, but also abolished the tîthes and
offerings, enacted provisions against the nobility and issued other decrees of
secondary order. ·
Fundamental and secondary laws have also been enacted by other
Assemblies that the French people had.
The English Parliament, an ordinary legislative branch, also has the
faculty to amend laws of fundamental order, which is tantamount to
investing the legislative and constituent branch.
It cannat be objected that the ratification of treaties in England
corresponds to the Crown because said ratification does not suffice when the
English laws are amended by a treaty.
The treaty of Utrecht between England and France did not take
effect because the English Parliament refused to approve a bill that was
submitted to ratify the amendments that said treaty introduced in the laws of
commerce and navigation.
In England, treaties are also submitted to Parliament if Great Britain
is obliged to give any amount of money.
Without leaving the Central American sphere, we see that the
Constituents enact secondary laws and ratify public treaties.
The treaty entered into between Costa Rica and Guatemala on March
10, 1848, was ratified in that Republic by a Constituent Assembly and,
nevertheless, none of our publicists ever said that that treaty was mdl
because constituent bodies cannot ratify public treaties.
118
i. ~~.·!_·r: .. ,.,. ~.·_,-~------.~---- ----------------
Mr. Ay6n, in his capacizy as Minister of Foreign Affairs of
Nicaragua, addressed a letter to the Secretariat under my charge, dated
August 20, 1870, requesting tqat the Constituent Congress of this Republic
ratify certain amendments in a' treaty.
So,. Mr. Ay6n, in his capacity as Minister of State, believes that
Constituent Congresses can ratify treaties, and, in his capacity as a publicist,
asserts that they do not have such faculty.
Constituent Congresses that enact fundamental laws, which are the
most important, also enact secondary laws, which are the least important.
Constituent Congresses only Jack power to enact secondary laws
when the cali states very clearly and definitively that their only faculty is to
decree the Constitution.
So people elect their representatives for that purpose, and only for
that purpose.
But the Constituent of Nicaragua that ra ti fied the treaty of limits was
not only called to enact the fundamentallaw, as former Minister Ay6n tells
us in his pamphlet of June 10 of this year.
Moreover, if this Assembly can only enact fundamental laws, it
could ratify the treaty of limits, according to the doctrines held by the
Ministry of Foreign Affairs of Nicaragua.
Y our Excellency affirms th at the provisions regarding boundaries
pertain to the category offundamentallaws; so then a Constituent Assembly
could ratify the treaty because the constituent authority enacts fundamental
laws.
The subtle distinction made by former Minister Ay6n with respect to
the Constituent of Nicaragua that ratified the treaty as an ordinary Assembly
and not as a Constituent Authority, cannet satisfy anyone.
Said Assembly invests power to the august constituent authority, the
first of ali the government branches, that it never delegates nor could
delegate, and ail its acts should be considered to be executed in that high
capacity.
119
Mr. Minister: 1 think it is useless, entirely useless, to officially
continue this discussion because there is no Authority to settle the
controversy.
If an Arbitration Tribunal existed to which the matter could have
been submitted, it would be a good idea to make extensive allegations
before it; but there is none, nor the Republic of Nicaragua has deemed
appropriate to propose it.
It is useless to say and confirm that the treaty of limits was entered
into by competently authorized Plenipotentiaries, that it was approved by
the Governments of Costa Rica and Nicaragua, that it was ratified by the
Congress of Costa Rica and by the Constituent Assembly ofNicaragua, that
it was exchanged, that it was solemnly published as a boundary law, and
that it bas been enforced for fourteen consecutive years, during which time
the Congresses of Nicaragua have used it as a basis for their deliberations.
Ali of this is useless because, as stated to our Minister in Managua by
General Zavala, a persan competently authorized by the Governm.ent of
Y our Excellency to discuss this matter, the treaty is objected not because of
a lack of indispensable formalities for its validity, but because it is believed
that it injures Nicaragua.
That statement by General Zavala bas been confi.rmed by the press
of Nicaragua, which bas even stated that the nullity of grievous treaties has
prevailed in ali the nations when they have been able to make it prevail: that
Napoleon III annulled the treaties of 1815: th at German y tore up the treaty
whereby Richelieu was snatching up Alsacia and Lorraine: that Russia bas
asked to be declared exempt from the obligations acquired in the treaty of
Paris, and that one day Au stria will tear up the Villafranca treaty.
Mr. Minister, if 1 proposed to myself to start analyzing this question,
1 would show that neither Napoleon III, nor Germany, nor any of the nations
cited have said "we do not respect that treaty because it injures us; we do
not respect it because we were forced to sign it."
What bas happened many times is that when societies and the
interests of the nations are modified, pre-existing conventions are also
modified by mutual consent and even by force, but Costa Rica and
Nicaragua do not find themselves in this situation.
ln my letter of June 10, 1 bad the pleasure to say that Costa Rica was
not an overwhelming Power for Nicaragua when the treaty was signed: that
it was a friendly nation, a sister nation that had gone to assist her during its
120
independence war, and had aided li:~t against an enemy who issued decrees
of slavery and death in that soil.
The terrible discords between Leon and Granada and the bloody fights
between the parties that were called legitimist and democratie brought the
filibuster invasion to Nicaragua.
When the neighboring Republic was invaded, Costa Ricans shed
their blood and expended their wealth to save Nicaragua from foreign
domination.
Costa Rica seized the steamers in the Lake and in the San Juan
River: triumphantly took its flag to Punta de Castilla; impeded the incursion
of the filibusters through the great river course, thus putting an end to the
exterminating war that afflicted Nicaragua.
Sir, if Your Excellency will allow me to say, 1 do not understand
how these acts of redemption can be come toda y an accusation against Costa
Rica and a basis for declaring the nullity of a treaty, the groundlessness of
which will undoubtedly bring new disasters upon two bordering and
fraternal peoples.
* * * * * *
Mr. Minister, the enunciated concepts are definitive, very definitive.
They express that the guard posts should be deemed authorized for the
foregoing and only for the for~goihg.
For this reason, the conduct of those guard posts shaH be approved
by the Government of Costa Rica, when it is circumscribed to the provisions
set forth in the pre-inserted paragraph, and disapproved when it extends
beyond the provisions contained in the aforesaid paragraph.
The practice of the Nations and publicists shows us that free.
navigation of the rivers is obtained through conventions granted by the
States whose territory they cross.
Free navigation in the Rhine was obtained through treaties.
Free navigation in the Escalda was obtained through treaties at the
end of the past century.
121
Free navigation in the Elbe, Po, Danube, Mississippi, San Lorenzo,
Plata and Amazon was obtained through treaties.
This universal practice bas been the guiding principle of Costa Rica
with respect to free navigation over the Colorado, motivated by a greater
reason. This greater reason is that the Colorado River is located in its entire
extension on Costa Rican territory.
With respect to this type of river, ail publicists agree that the State to
which they belong can legislate in respect thereof as corresponds to their
interests.
Costa Rica, adopting the most liberal idea possible, established in
article 12 of the Constitution that foreigners can exercise their industry and
commerce, own real estate, purchase and trans fer property, navigate the
rivers and freely ~xercise their religion.
According to this concept, Nicaraguans can navigate the Colorado,
and have no limitations other than those prescribed in the tax laws, so as to
prevent contraband.
Those tax laws are limited to what I stated in my letter of June 10,
and to what 1 have repeated in this letter, and do not extend beyond that.
So that the interests of Costa Rica do not suffer; so that Nicaragua
does not suffer any damage; so that free navigation of the river is not
interrupted; it would be convenient to devise a means that is conducive to a
comrnon agreement.
His Excellency the First Commissioner Designated will be pleased
to hear those proposed by the Government of Nicaragua because he desires
to reach a peaceful and friendly settlement.
1 believe that the Government of Y our Excellency will be animated
by the same sentiments, and with this assurance, 1 have the honor to remain,
Sir, your most dutiful servant.
LORENZO MONTUF AR
To H. E. the Minister of Foreign Affairs of the
Republic ofNicaragua
122
·,1 ·•',·1-:- :·· • 'Jf) '1
ANNEX27
. i '.
MESSAGE OF TOMAS .. AYON, STATE DEPARTMENT OF
NICARAGUA, TO THE SENATE OF NICARAGUA, GIVING
HISTORY OF THE BOUNDARY NEGOTIATION WITH COSTA
RICA. MANAGUA, 8 JANUARY 1876.
t1h'tf;~f~~t ifl Jin- .\ïtJü {Jt~optt,riJJU':IIl'tl···';'lrtu·nJrlt(t' ''' 1/J;l
.\riUI:Iti 11/. Vltrlrtr,f11ll,, lfirJÙ~f llfs.lmjl t~/llir llo11 mf,u:i1
~·\~flt'lln IJim~ tï ,1/h LiJ.tlll K}'fa.
SKcRWI.'~\.kYS'UII• .'tJ.:r FoRJUON A~'i•~AI.Ks ·rw •r1nt- ' . . . - - - - i
BO\~ItJU~~~~~~r- 027 :NlCA1tAt'WA_,
1\t!ANACiiJA,:}nn.tttr~~ 1\\ ,i ~
'Pu t·h.ç· l"'iQtltrrnble: s·ac:aRTA:R.U\.'1. OP TIIU S~N;\T~ ;
~ . ;··RNT::I'. :H:M'fl:~ .:: t ha\~e the 'bouor to· m::nd to \·olt du* ' ' . . ' . • .~ . t • ', ~ •ill ~ - ii. ' . - . • .•. -.__ . . ~- .. · . • . : >
«"tJrf:l$jtmtcl•.mee betw~n th1s Cab1netruu1 ·t,btt:l ."r t~t~An
l<i'tQ:ttbont d1c bom1dary qu~tions ·and t:h~e i:rarnlidlty.of
Uu.:J:r:c;nroftbc tsth of A .- . _ : , _ ·
Yon ~vtll ôf)~erït- tn,at t:h~: f,~Qf-1CP~ta Rica n.~*' mr lf~~~~~f~~~t!l=}' . 11f:t>lii!. · . 4J ~~
tXl~~ ;. n([t:on,b* dllni~-s tl1c e~'isoene~ .ftlll_)~- . . mtttl, .
.or fhc.~ ri: . of Nicar:ngnà~ .~nt .. €;\-~~~\'"'lûJM to·tt.~r•l
\be 'm.Iy ~ll\.1JIDI of 1\'Uhi.n~rtb.n; difti~h~~ :h~t:prtitial
rt.rbit-mthin~ · ·
123
41
.1\.\1{\ a..;, iujus.licc)~·nl~n:vs:i,ë.cfHÙ·Ji:Uilc,-(i hy ~~n :thiH.Ii·dit}
1, th at Ca.hinel :1rghès J1~ riefcn.;;;r; .cif it10: posît.icn1 na.·.
very question thnt i::o in, d.ispt,~t:l thqLis.to ~\.y, thal the
tetritory in qnestim1 bt:l()llh~· to_ Cv,s~"t .. Ri.cn. ~n lhal
-wnv the Government· Qr·eo::.ta·Rkn::::ts.};ùnH:}> the ~..:~:tm.
orcÎiuaJy facnltr of riefinin~(hs:riwtl>ri~hi~ r.u tlk iu:\tter
and ÎUli}osiug: upou. ~:ierir.luna lh" ohHgatinu of
ad:.uow Jedg-i~tt;r the ur,· \\!i tltont ln king iiitü C011~i(lt·rnt1~n
the fTi.e11dh· tiès .thal cxist.:l~ùvt:cli .lli«t;h\'cY t'onttt ri~""•
whkh ha.v'e hcc.n :.rtmni.nJl·t::,i h~· :lnjn\Crh:vtîunal rnt~t'•
eütion, ::ù1d in st1 ti ni UJ.(p!:.H,•t::s hHth .1~·.ij 11thJi{'"~. ill u \'lP·
l~nt nttd strnin(·d posîtioi1: . . ' . · ..
Ju t:tf11cr·to J.'l'.l:thH~h· "ifs ï•rt•lt\1ùlt;d stn't':r~;·i~nl~ "''t'l'
tlic:tcrrilory in ·.rltwstitm, that ·.• t ;1,,\·t.~~n!ltülll :1r~.111'S t-h;1t.
t:ht·, pcupl~~- of <- Îli:Ul:u~a~tv rSh•lly:tl'\"f.lhtn tadh 1111i h"4l
witli · C'h}:bt l<.i(·a. :mrl l)t:SÎill·~ thül;. dtt· ;.;mu,· it,·rri\qn·
\V<L~ ann~:;..t~d tu Ü li'i' :1 rt:·.~~lm lo1i 1 if !lu· l·\·dt·1~d (•H; ~
j.!f(~'i.<lf Ci.~1i1r;d .• \m;·dc·:\-. h i!O. t;•_myt·1tiet'ÏJ i'u 1hi ... p•n.
Ht'C'tion ''' hrîng {11 tiwUHU'Y.i>hüte ·lti.;.ti:lrkai'f;n•i<. •
• \Jh.'r tht· indt·pt·tliltmt·~; 11f t;lii' ,Rh1g!fu~u ii( ~~11;11!'•
1rlidn, .llù· l!i~iriçl ni" ~k'ï' :1 n.:uüdu,·.d'itnil,·~l h, :"'itt'a·
r>tJ;!lH\, .Plliilhi;,.was :t•huitf•'.:,l Ji,· t.,, .. ~,, l<irn, t'ni· Îl! ~~~·t
Ül11:'i1ÜntÎnn uf llw :n ... t ,,.f. f;.lüM;Jf\. · t. . .. Ji, 1•;-.\:1hd
H.;;lu:cl ;i~ tl1v HtH\\ fit·l\\'l'~·u \h•~ h\~t -~bli·'· th•· Ûh•·r
dt•l '' S:d!u.'' • Thi!'4.~!> a Ùl'! th.tl 1-i'lllll,i!ln· I.H""'j•Htt••l •
. 'fh~· l"'f!IÎt' ion;" h1l1m•UF.'' H!, 1 hl' 11i•l t•lriJ!I' ~\ ,}.., nf 1 h~,·
Spmn.;Jt_ 1 ill\'t•tii!Ul'tll ~il hi f ht• Ill\'' IJ~'! ii'!H'!' nf l ht• polit~
1-:ll p:u·Lw-. I~Jr'tl'H·d in ~lw tir .. ~ •!:n .... ,,f ;iw Rt'Jdlltlh~,
·pf;ln·d :'\ knr:l;.:na ht IH!'Jit.;.t t.IHh ollliHda' r ·.wfl;r .. l:dt
nùplt·as.:ml ,. in·11 m"a 11!;'1..'!1. lin· fi 1· .. 1 Cc:·uu;ta :.:\ ~lH*ti~~:.tu
l'ùn;,:tn.-... 1' ttH·1. . (\t:.l;s H:ir;f -"1:til · :.; ~l Ht.~l' !lqmd,·.h~
Z\i\~:ll':t~na t·i1uht U•)l d!, ~u •. Tlw n.•J•h'..,t·Ht:llt\t':.>t· ol"
l'o-:1:~1 H:i\':1 l:~~.ÎHJ'.! .ruh .. ;ll.ll:lj.!:t· ,,,f thi" t1pft~'ir!mdt~··
:-:~1 h\'i\C'I1 1 h~· :m Htt . .,..nHt~H. ni c ~ n.~tl.W ,, .. tt 1.•• '1 !wh SI al~~ :
huL tlu· t:~m~w,., ... )td~uu\.,··h-d;.:·~tl;.!·lll!: uu~o.f;,r;mwv mitlrr
whkh :\ ic:.lfli~W! w:l~. ·lah••I'III~. ·li~! 1111t : \.Tt.;Î.~~· iht'
:ü;o\'t· J•rt•l·'u .. it.i.ou whk UHJt•h .'!inti!', .11111. il :>lmpJ~·
chTlar1:-.J h~ l!en~·t• .uf thr· •Jth·.,f th.•(-.•nilJC.·I·, 1~:~. thiu
l'l:ilil tH~tdl·I w .. ahl u·tiwht mlrkr' fil-t•'rnh~ ~rf~.:,,, .. ,:, JHr:.~
nntit th~· •kln;Jr'k:tlÎHH uf tiu;• ·h'!fii.IJIÎt:·r· •. ,( lhc· SUitt•Ji
w:u• m:uh•, T.ht· t'\'' fild·t ,;j C..'•· .. t:1 idca muf Uw f'f.'!O•Hllt·
tiuu of liu· ('••ll;.:n~.;;,; li('HJ•HI:><lf<ib:·d "ih~t\ ;lll !he linu- u(
t IH· tlll icp<·IHi!·lfl:l.', i ~ n;mac.:t"'t~: d i•l tH4 lK~Ic,its,: iu Cll'il:t
kit•;t.
124
'l"' hi:- prorisir;)llal ~L~l:tc of thi1Î~~ ~;·~ta hl i:-;;h,·cl b\~ the
c~m.gn:":S.-; \\lA.'!. lc:r.:nlly r:thcrcd. ~ria· as."Yt·m hl\' of x icn~
r:tg"tn u1c.~l. iu t82fi Nit:0}1a, ucknuwhrrl~iit~ iL'\ rjtfi
n1ntl1cr cmllllt~·. ,Joint:>:t:1 \lod th tht: Dist.ritl c1f' Xic:lraJ{ttrt
{UO~\· the I>cpnrtrncnl of Rivas; in tht: cl~ctiou or a
t~;f!uJr~ ac-conlill~ to Un:dt-ert:C ur lht· .sth nf 1\lny, di24~
~t~l:tbt~r Cus.tn Rtca nqr the F'edt·rnl Cou,._rt~t.~o; CXJ>rcsscd
~;~uy di$a~ppnlb:ttiun of thJS; act. C )ne uf th{· fh·'sl 1(.~,\~
h_ttj'Q~L'): t>f tlw t\S.'K!lnbl y ww~ tu prtHest bcfvr·t· the: Ccm.
:g"r(~"t :(~g:tiù~l lln: pi·ov:i.Sional nunc.::-;~ linn f.) r ~ ic.v •
Ct>Nt:t ~Rien theu ~üd~âvortd to makt: Uù; il il"L:rict à '· t
hL·r. (~uu~tiUttiou,.• bttt th~ pt~OJJh:. refnscd w clo so'iJI u
th;elnmLHtU c:lnlcd the tsth or A ugnst, JH26, argutn.J;.t
tlm.t the· ôtUIJCXaHon had bceu only- JlftJVÎsiou:tl, nno:
lh:tl' lht· )Jroh~sl of the t\.'t'icn~bl)' tr' tht• rest)! nt inn of the
Ft•d:t.-r,a 1 ·C'gng'f!:."AA Wi\S -~iuliuJ;!; ::l1so JUOtL·sting rt~aiu~t
tlu: :tttn~::::-z:tlion. ·
Th~ 't.::i\'11 \\'3.1':, wbiei1 bad- ~Jo_t eumplc:tcly- cc;·>tlSt.od nt
tlmt:;litnt·, rc,~ivc<l ·tl'CW itnp·tdse: in. :tlu;~ ye:u:;; 1N27 auri
IS2Mt ·:md in du.: yt:nT ,r8zgthtee or lhc H\·e Htalc:S united
b;~ umlw wn.r agaitu~t the NnlimU'll G-oveJ~nn_téTtt, re":Uhing
iu Uu: eh~nJ..rt: ur l:hc nd.n1i11 istrntîon, but not ~iur.
in)! tht: tt u it.:tudc fhu:t .. the :;tnbilhy nf the con u tn· w;~L"ci(-(J.
1~he cuustnnl l"t'ntc of dh•turbrincc in \\îhich Cent rnl
Antcrk·;t rt·tnl:thu::d was. t.hc- rensou why the Cni1J..':n·s~
,~,•utdd u·nt 1Hctntc nu,· -rCS!Jlution . nbont the limits uf,Uu.·
~L,tt.-S-a nll'.:1Snr<f wftich~·nudcr the ci:«"nmstlut('c~ nu ..
dr)üht~df~· w01t'ld bay~ cOf1'lplieatccl tilc:, sihutlim~ siill
'tnur,:'c .. · Jn the Hic;tutiine Cost.'l Rica, fn.,•o_rcd IJY ·pubJi~
cH~t;llrbnnces.. wns in posse:;.-.,iorl of NicQya. nud .stili i:;
:in ~~~·k~~itutôf .t,bii ~~!ji tor.~\ e:omfort~d 'fh:;H the mut~ ..
;crrnttou \\'lthwhtch N·t.ca.raJ,.rtUl has .niwn\~ trenled tlu:o
lÙt;~lèasanl :1.fT."tir .is n. gua.mÎJtee to ber. " ~· . 0 '"'
\\'iU1 thi:-; objcct1' wt~l'by ord.cr of thç PreRièleul of ·Uu.~
R,·.rmblic;1 -.1 l~g ro~t to plnoe tbe pre~el1t. befort· fl.uJ
flo~somhl\• Clu:u1îb~t .Wi th nll the docü in~ots thttt ncct.m1 ..
·1t:lft.y it. so-duitifwi'n be· p!cnscd. to :tnqr~ to thé {;uvL-
tnt1tt:u t the: ~ndti:è!t that mu~t b~ follo\J?ed.in Ut Î$ uffair.
· · 1 h•t\.'è thtdtcYtJrir·to stihsaribc m.vself :}~our 1nost ohe·
d h~' 1 t. "t~n·anl \
125

. ~ . ·- .
ANNEX28
NOTE FROM MR. FRANCISCO CASTELLON, MINISTER OF
FOREIGN AFFAIRS OF NICARAGUA, TO MR. ASCENSION
ESQUIVEL, MINISTER OF FOREIGN AFFAIRS OF COSTA RICA.
MANAGUA, 5 JUNE 1886.
Mr. Minister:
Through the Official Gazette of that Republic, my Goverrunent has
been informed of three regulations established by that of Y our Excellency,
which alter the situation admitted by the two States with respect to the
territories and waters of the San Juan and Colorado, which is dealt with, in
part, by a long-standing boundary question that regrettably bas existed
between both countries.
The first of these regulations establishes a Control Post that will
reside at the mouth of the Colorado River, and will be dependent on the
Office of the General Inspector of the Treasury. The second puts a national
steamboat at the disposai of said control post and points out its attributions,
among others, to "travel", at !east once a week, the San Juan, Colorado,
Sarapiqui and San Carlos rivers, the first in its entire extension where it is
navigable for Costa Rica, the second in ali its extension, and the last two
along the whole stretch that is navigable by steamboat." The third mandates
to establish a settlement on the left bank of the Colorado River, with the
name of Irazu, and "authorizes" the occupation and cultivation of the
wastelands that belong to the Republic, situated on the right of the San Juan
River, downstream from the mouth of the San Carlos;" qualifies the mouth
of the Colorado as a minor port, and establishes its franchise with regard to
a considerable list of articles destined for different uses.
Having this Government challenged the validity of the Treaty of
Limits of 1858, on which authority Costa Rica could support rights to the
waters and territories to which such regulations refer; and having admitted
the status quo of the question, it cannat be expected that either of the two
parties will take any action that somehow modify it and make it appear as
resolving it by itself.
Even assuming the validity of the Treaty of Limits, which this
Government has not admitted, 1 must draw your attention to the
circumstance that the govemment's disposition that a national steamer
navigate the waters of the San Juan authorizes an act not granted by [the
127
1858] treaty, which in Article 6 reserves for this Republic, exclusively, the
dominion and sovereignty over its waters, conceding to Costa Rica nothing
more than free navigation with articles of trade.
The President, desiring that the annoying question does not arise
again, which now more than ever could have terrible consequences for bath
nations, which are called to a common destiny and threatened by identical
dangers, and that a disagreement does not extend which could hinder the
development of the interests of one and the other Republic in the disputed
territories, has instructed me to propose to Your Excellency's Government
that the question concerning the validity of the 1858 Treaty be submitted to
the arbitration of any of the Presidents of the Republics of the United States
of America, Mexico, Chile or Argentina, thereby acting in conformity with
the stipulations of article 2 of the Treaty of June 30, 1868.
Meanwhile, my Government daims, in the name of the friendship
and positive interest of Nicaragua and Costa Rica, that [the Govemment] of
Your Excellency suspend the execution of the regulations that have
motivated this note, in arder to avoid a repetition of the discussion which,
without leading until now to a satisfactory solution, could taint the harmony
between the two States.
Assuring Y our Excellency that my Govemment would happily
accept the arbitral award, whatever might be its nature, 1 am pleased to
reiterate the assurances of my consideration and respect, and l remain at
your serv1ce.
[S] - F. Castellon
His Excellency
The Minister of Foreign Affairs of the Republic of Costa Rica- San Jose.
128
-. ,. {.I" '
' ~' .
ANNEX29
NOTE FROM MR. AS.CENSION ESQUIVEL, MINISTER OF
FOREIGN AFFAIRS OF COSTA RICA TO MR. FRANCISCO
CASTELLON, MINISTER OF FOREIGN AFFAIRS OF DE
NICARAGUA. SAN JOSE, 31 OCTOBER 1886.
Mr. Minister:
On this date 1 have the hon or of addressing to Y our Excellency the
following telegram. 'The Govemment of Guatemala, desirous of finding a
good solution to the pending difficulties between this and that Republic,
offers its good offices to mediate. The Minster of Guatemala bas informed
me that he bas addressed a letter to Y our Excellency expressing the same
thought. My Government accepts that friendly offer, and if that of Y our
Excellency bas the same view, I beg you to let me know, if it is acceptable
to you, that the negotiations be transferred to Guatemala. 1 consider it is
advantageous, for the two Republics, that the question be further discussed
before a mediating Governrnent, because that way its good offices would
undoubtedly be more efficient. Since our ordinary communications are
somewhat slow, I would greatly appreciate if you send me your reply by
telegraph. 1 remain, Sir, with all consideration, your obedient servant.
ASENSION ESQUIVEL."
1 am pleased to state that my Govemment confirms the terms in
which that telegram was conceived, and that it will be pleasure if [the
Govemment] of that Republic deigns to give its consent to the friendly
proposai of the President of Guatemala, and to the objective of transferring
the negotiations to the mediating Government.
My Govemment observes with regret that a solution bas not been
reached for the pending difficulties between this and that Republic, and as
an example of the good understanding that should pre v ail between them, has
hastened to ernbrace with utmost frankness the offer of good offices
promised to both.
It will be satisfactory for my Government that [the Governrnent] of
Your Excellency, anirnated by the sarne sentiments, is willing to contribute
with its good will to the disappearance of ali reasons of disagreement that
could alter the harmony in which both Republics are called to live.
129
I reiterate, Sir, the assurances of my most distinguished
consideration and 1 remain your obedient servant.
[S.]- Asension Esquivel
His Excellency
Minister ofForeign Affairs of the Republic ofNicaragua.- Managua.
130
L
ANNEX30
NOTE FROM MR. JOSÉ J. RODRIGUEZ, MINISTER OF FOREIGN
AFFAIRS OF COSTA RICA TO MR. FRANCISCO CASTELLON,
MINISTER OF FOREIGN AFFAIRS OF NICARAGUA. SAN JOSÉ,
11 NOVEMBER 1886
Mr. Minister:
ln a timely manner this Secretariat received Y our Excellency's note,
dated October 18 last, in which you explain the observations that you
presented on August 2 against the contents of a letter that Mr. Peralta,
Minister of Costa Rica in Washington, addressed to Judge Daly, in relation
to the rights that correspond to Costa Rica in the canal that is projected to be
opened through the waters of the San Juan River.
1 have carefully exarnined the arguments and the interpretation that
Y our Excellency makes against the concepts of Mr. Peralta's letter, and 1
consider that Y our Excellency does not distort the explanations and
arguments with which this Secretariat supported the contents of Mr.
Peralta's letter, in a note of August !9th of this year.
Your Excellency seems to find in the concepts of Mr. Peralta new
pretensions by Costa Rica, or exaggeration of the rights it holds with respect
to the San Juan River, but 1 think Y our Excellency will be convinced that
there are no new pretensions on the part of Costa Rica with respect to the
San Juan River, considering thà.t, in the aforesaid note of August 19, upon
beginning to explain the words used by Mr. Peralta in his letter to Judge
Dai y, this Secretariat stated that the Govermnent of Costa Rica "does not
pretend to have today more territorial rights on the side of Nicaragua than
those conferred to it by the treaty of April 15, 1858, which validity it argues,
and that, as long as this convention is not invalidated, it shall regulate our
participation in the canal. The part that may appertain to Costa Rica in the
enterprise, cannat be fixed beforehand with mathematical precision; it will
increase or decrease according to the direction that the line follows; but to
determine this, it is necessary to take into account the Costa Rican territory
that the canal or its accessories will occupy, and the rights that Costa Rica
will waive in favor of the company, or due to the canal".
After this explanation by this Secretariat, 1 believe there is no reason
to find new questions between Costa Rica and Nicaragua in Mr. Peralta's
letter; and that the only one pending between these two Republics, is
131
reduced to the validity of the treaty of April 15, 1858, provoked by the
Government of Y our Excellency, and that, according to the agreement of
both governments, will be submitted to arbitration.
This is the re ply that, according to the instructions of the President of
the Republic, 1 have the honor to give toY our Excellency's note, to which 1
referred at the beginning, and 1 take this opportunity to remain, Sir, your
obedient servant.
(S.)- Jose J. Rodriguez
His Excellency
Minister of Foreign Affairs of the Republîc ofNicaragua.- Managua
SECRETARIAT OF FOREIGN AFF AIRS
132
ANNEX31
NOTE FROM MR. JOAQUIN ELIZONDO, MINISTER OF
FOREIGN AFFAIRS OF NICARAGUA, TO MR. CLETO VIQUEZ,
MINISTER OF FOREIGN AFFAIRS OF COSTA RICA. MANAGUA,
14 FEBRUARY 1887.
Dear Minister:
With special instructions from the President, 1 have the honor to call
your attention to a very serious matter that has drawn, not without sufficient
reason, that of the people and Govemment ofNicaragua.
It has become known, through reliabJ.e reports, that many days ago a
Costa Rican engineer arrived at the point known as "Los Chiles",
accompanied by sorne individuals: who is performing land measurements
from that point up to Machuca, a place called "El Infiemo," and opening
paths and roads along the way, which, given the knowledge of that deserted
zone, cannat be but strategie; and, moreover, when Costa Rican troops have
arrived at the sarne place "Los Chiles".
The decision of the Govemment of Costa Rica last year to establish
a customs post at the mouth of the Colorado River, as a dependence of the
General Inspection Unit of the Ministry of Finance; to make available to
said customs post a national stearnship to carry out reconnaissance at least
once a week on the San Juan, Colorado and Sarapiquf rivers; and to
establish a village on the left bank of the second of these ri vers to be named
Irazu, was precisely the cause that rekindled the old border issue between
the two Govemments and the debate acquired such proportions that it
seemed to close the door ta a peaceful ·outcome. It was this aspect of the
debate which led the President of Guatemala to offer his mediation, which
after long debates, in which the Minister Plenipotentiary of Costa Rica did
not seem as conciliating as expected, led to the signing on 24 December of a
Convention at the capital of that Republic, which shall bind the two
Contracting Parties, once it bas been ratified, to submit to arbitration the
question regarding the validity or nullity of the Treaty of Limits signed in
1858, for which they have appointed the President of the United States of
America as arbitrator.
Having placed the difficulty in that positiOn of civilizing
expectation, it could not be assumed, judging the issue on the basis of the
principles that are accepted by an educated people to govem their reciprocal
133
relations, that neither of the two contracting parties would take any step,
before the question was defined through the agreed means, that could alter
the conditions in which it was at the time I have indicated.
For aH these reasons, the Govemment finds it is very strange that
white it has withdrawn the troops that reinforced the garrisons of San Carlos
and El Castille, remaining there only a foot of peace, and at the time that
Convention was approved, the Govemment of Costa Rica suddenly assumed
the singular attitude in which it appears placed by the facts that given origin
to this letter because, according to the spirit of the alluded Convention, as
long as it is not ratified by the Congresses of the two Republics, the
Govemment of Costa Rica does not have any right to exercise jurisdictional
acts, that is valid due to the imminent sovereignty that Nicaragua exercises
in the same territory, which does not correspond to that RepubHc. And, one
of two propositions: either that Executive branch is prepared to carry
forward the Arbitration Convention, or it is not willing to approve it. If the
fonner, then it should not have altered in any way, much Jess as it has just
done, the conditions of the matter when the question arase last June, and
above ali, after the mediation was accepted, and as a result, its arbitration;
and if the latter, the good faith that the Government of Nicaragua has shawn
in this matter, as in al\, the right to wait for that Republic to choose, in such
event, the open raad of frankness, and categorically and publicly deny its
approval to that document.
I promise, Mr. Minister, that in view of the seriousness of the
circumstances and the powerful reasons that l express herein, you will give
me an explanation that clearly defines the intentions of the Government of
that Republic regarding the current status of the boundary question by virtue
of the respective convention, so that Nicaragua may understand the conduct
that it should follow in relation to the same matter, in compliance with its
most ineludible obligations to the Nation. And whatever these intentions
may be, the President wishes that 1 demand, as 1 of course do, from the
government of Costa Rica, as saon as possible, to cease the military
engineering works, and to retire from the right bank of the San Juan River
the troops to which l al\uded at the beginning of this letter, so that no
obstacle may hinder the Arbitration Convention from producing its )egal
results.
sincerely hope that nothing will alter the cordial relations of
friendship between Nicaragua and Costa Rica, and 1 am pleased to reiterate
to Y our Excellency the assurances of my distinguished consideration and
remain at your service.
134
The Minister in charge of the Foreign Affairs Office .
• '.;·' .. i.;..'
1 .
(Signed) Joaquin Elizondo
His Excellency
Minister of Foreign Affairs of the. Republic of Costa Rica
San José
135

. ~ ;,'. . .
ANNEX32
NOTE FROM MR. CLETO GONZÂLEZ VIQUEZ, MlNISTRY OF
FOREIGN AFFAIRS OF COSTA RICA TO MR. JOAQUÎN
ELIZONDO, MINISTER OF FOREIGN AFF AIRS OF NICARAGUA.
SAN JOSE, 21 MARCH 1887.
National Palace
Excellency:
1 have the honor to reply to your Note of February 14th last, in
which, with special instructions from the President ofthat Republic, you cali
the attention of my Government to a matter to which Y our Excellency
attributes manifest seriousness.
It refers to the fact that a Costa Rican engineer arrived sorne days
ago to the point called "Los Chiles", accompanied by sorne individuals, took
measurements from that point up to Machuca, place called "El Infiernito'\
and was opening paths and roads in that trajectory, which in the opinion of
Your Excellency cannot be but strategie, given the knowledge about that
deserted zone. You also say that Costa Rican troops have arrived at "Los
Chîles".
With such motives, Your Excellency recalls the fiscal provisions
issued by my Government last year concerning navigation on the Colorado
and the establishment of settlements at the Sara pi qui and at the mou th of the
river, which originated the discussion regarding the right to do so; and you
conclude by requiring my Governrnent so that, as soon as it is possible, it
order to cease those military engineering works and to withdraw from the
right bank of the San Juan river the troops alluded to in your letter.
1 must confess to your Excellency that the torre of the note 1 am
replying to, caused deep surprise to my Government because its conduct has
not been incorrect, nor could have produced just alarm in Nicaragua; and 1
consider that the instructions that were followed by Y our Excellency wh en
addressing this Secretariat, were only the fruit of the momentary anger
caused by erroneous perceptions and false statements by misinformed
people. My Government, far from desiring new difficulties to ensue
between the two republics, it is ready, and it bas thus shown, to accept ali
peaceful and conciliatory means to end those pending, and bas not moved
away at ali from its traditional custom of strictly cornplying with the
137
commitments it makes. It of course rejects the reproaches made by Your
Excellency, and 1 am encouraged by the hope that Your Excellency will
change opinion as 1 explain the facts so crookedly interpreted that reached
the ears of that Govemment.
No military troop has been sent to "Los Chiles", or to any other
point close to the Nicaraguan territory. There has been no need to do so:
total peace bas reigned in ali the terri tories of the country, and there is no
reason to think that Nicaragua pretends to be hostile towards us now that
prudent negotiations have put past disagreements on the path to a peacefuJ
arrangement.
Be fore Y our Excellency' s note arrived at this Secretariat, my
Government did not know what points had been crossed by the Costa Rican
engineer. But having left with the objective of fulftlling an official task near
that zone, it is not unusual that he may have touched from "Los Chiles" up
to the Machucha. 1 cannot believe that he would carry out jurisdictional acts
outside of our territory; neither can 1 conceive the reason why Nicaragua
would consider itself aggravated by acts that are carried ·out beyond the
scope of its right. But if 1 put myself in the situation where an official
commission actually touched Nicaraguan land, which would have occurred
without due authorization or perhaps out of ignorance or imperious need, it
would still be natural to expect tranquil tolerance on the part of that
Government. Peace reigns between the two nations, and these just an instant
ago ran to fortify, through a reciprocal agreement, the friendly and fraternal
ties that unite them.
But it is inferred from Your Excellency's narration that the charge
made to my Government is based on the belief that Mr. Alpizar was
appointed to carry out a reconnaissance of strategie points. There has been
no such appointment. Your Excellency knows the wealth of the fertile
region of the Sarapiqui, San Carlos and Frio river; does not ignore perhaps
the movement that has been recently introduced in these places by the roads
that private individuals and the Government are building; he should recall
that navigation on the San Juan provides an easy and safe way for smugglers
to import merchandise from the port of San Juan del Norte to points of our
terri tory, from where they can theo be taken to the interior of the country,
and that this traffic has been undermining for a long tîme our tax revenues.
So then, the Government is interested in exploring that valuable
zone. It wants to sponsor the movement that has started there and, if
possible, to conveniently open it to the workers who request it. On the other
band, has the duty to avoid the defalcation of customs duties derived from
138
'·
smuggling, to impede the illegal exportation of natural products from those
regions and to object to the undue importation that often takes place by
those means. It is true that ~~~e Government commissioned Mr. Alpizar,
through the Ministry of Finance, to carry out a reconnaissance not of the
strategie points, but rather of the points which are more accessible for
smuggling and of the zone in general, on the one band, to facilitate
industrial activity and, on the other band, to establish customs posts at those
locations which provide greater confidence to smugglers.
That is ali. The Minister of War bas not participated in the work of
the commission. It was Finance that caused the measurement, gave
instructions and was first interested in its performance.
Neither the accompaniment of Mr. Alpizar should have caused
distrust. Consisting of few people, 1 do not see how another character other
than peaceful could have been attributed toit.
The Arbitration Convention bas obtained the approval of the
Executive branch and there is no reason to fear that Congress will reject it.
This indicates how far we are willing to calmly wait for the award of the
arbitrator; in other words, to accept a decision that could be adverse to us, in
exchange for maintaining a cordial understanding between the two countries
and their respective governments. It is not credible, therefore, at this
moment, to think about introducing distrusts that destroy the good harmony
in which we live with Nicaragua.
Speaking of the Convention, 1 bring to memory the words of Y our
Excellency which entai) a charge against Licentiate Ascension Esquivel, our
Plenipotentiary. Your Excellency says that he did not seem, in the long
conferences that prepared the pact, as conciliatory as would have been
expected. 1 think Y our Excellency bas not been weil informed. Proof of this
is the Convention itself, which if not conceived to sacrifice Costa Rica, does
not cause detriment to the interests of Nicaragua. Licentiate Esquivel was
sent to defend ours and fulfilled his duty.
The previous explanations render useless, now that it is time to just
wait serenely, ali discussion about whether Costa Rica bas the right or not to
explore and recognize, if only militarily, the zone to which Y our Excellency
bas referred. It is known that my Govemment bas been upholding ever since
the question conceming the validity or Jack of validity of the Treaty of 1858
arose, that the terms of this should be considered as the definition of the
status quo, until the controversy is resolved; that the dispute that exists
between Costa Rica and Nicaragua does not refer to limits, but to the
139
validity of the treaty; and until it is not declared null, Costa Rica, as well as
Nicaragua, have the perfect right to exercise any kind of sovereignty over
the territories that the Convention attributes to them, which affirmations are
not contradicted neither by the letter nor the spirit of the Arbitration
Convention. Moreover, although my Government bas no reason today to
think otherwise, 1 repeat that such dispute is for the ti me being, if not sterile,
inopportune, because the good understanding that we have recently reached
puts upon us the duty of not agitating the moods with angry discussions, and
waiting with tranquility the final solution that is forthcoming. This is what
my Government thinks, and this is what seems to me weil founded.
The fact that the President was absent from the capital, on a far trip
to the south of the republic, precluded an immediate reply to Your
Excellency's note.
With sentiments of high consideration, l remain your obedient
servant.
(Signed)
Cleto Gonzalez Viquez
His Excellency
Minister of Foreign Affairs of Nicaragua.
140
ANNEX33
NOTE FROM MR. PEDRO PÉREZ ZELEDON, CHlEF OF THE
COSTA RICAN LEGATION IN WASHINGTON TO MR. THOMAS F.
BAYARD, SECRETARY OF STATE OF THE UNITED STATES OF
AMERICA, 30 JULY 1887.
LEGATION DE COSTA RICA,
SIR: I have the honor to enclose a copy of the treaty signed at the city of
Guatemala on the 24th of December, 1886, by plenipotentiaries of Costa
Rica and Nicaragua with the friendly mediation of the Guatemalan
Government, in which it was stipulated that both contracting parties should
submit to the arbitration of the President ofthe United States of America the
question whether the treaty of limits celebrated by them on the 15th of
April, 1858, is oris not valid.
In the name and under special instructions of the Government of Costa Rica
I request you to interpose your good and valuable offices with His
Excellency the President in order that he may consent to render to my
country the eminent service above referred to.
My Government hopes that such a marked favor will be obtained by it, and
grounds its expectations upon the benevolent friendship shown to it by your
Government and on the traditional interest that this great nation bas always
felt for the peace, tranquillity, and welfare of the other nations of America
which are its sisters.
Wîth protestations of my hîghest consideration, I am, your most obedient
servant,
PEDRO PEREZ Z.
To the Honorable THOMAS F. BA YARD,
Secretary of State,
141

ANNEX34
TELEGRAM FROM MR. PEDRO GONZALEZ, UNDER
SECRETARY FOR HOME AFFAIRS TO MR. ASCENSI6N
ESQUIVEL, MINISTER OF FOREIGN AFFAIRS OF COSTA RICA.
28 SEPTEMBER 1887.
Sir Minister: With 1 suffer 1 deeply regret to inform H. E ; that Treaty
Carazo - Soto has not deserved the approval of the Congress, and that this
one has closed today its extraordinary meeting.
With distinguished consideration, 1 am of ki nd H.E servant.
The Undersecretary of ln teri or in charge of the Office. (f) Pedro Gonzalez
143

ANNEX35
NOTE FROM MR. PEDRO PÉREZ ZELEDON, CHIEF OF THE
COSTA RICAN LEGATION IN WASHINGTON TO MR. THOMAS
F. BAYARD, SECRETARY OF STATE OF THE UNITED STATES
OF AMERICA, 23 MARCH 1888.
Legation of Costa Rica
Washington, March 23, 1888
Sir:
1 have had the honor to receive your Excellency's letter, dated
yesterday, by which you inform me that His Excellency, the President of the
United States, has announced his ruling in the question concerning the
validity of the Treaty of Limits entered into by the Republics of Costa Rica
and Nicaragua with regard to the other points of interpretation submitted
and that Y our Excellency has fixed the day of tomorrow, at twelve noon, to
deliver to each of the representatives of the parties the document that
contains the arbitral award.
It is highly satisfactory, for my Government and for me, the news
that a question that for so many years has disturbed the tranquility of my
country and that of the Republic of Nicaragua, its neighbor and sister; and at
the appropriate time I will èxpress to His Excellency the President the
profound gratitude to which the Republic of Costa Rica is indebted for the
eminent service it has received from him.
I shall go punctually at the time of the appointment to receive from
Y our Excellency's hands the arbitral award.
I reiterate, Sir, the assurances of my highest esteem and adhesion.
His Excellency Mr. T. F. Bayard
Secretary of State
145
Pedro Perez Z.

~( : .
ANNEX36
NOTE FROM MR. PEDRO PÉREZ ZELED6N, MINISTER OF
FOREIGN AFF AIRS OF COSTA RICA, TO MR. JOAQUIN
ELIZONDO, MINISTER OF FOREIGN AFFAIRS OF NICARAGUA.
SAN JOSÉ, 25 SEPTEMBER 1888.
Secretariat ofF oreign Affairs
Minister:
By conduct of the distinguished diplomatie representative of this
Republic before this Government, General Isidro Urtecho, I have bad the
honor to receive Your Excellency's appreciated letter dated in Managua on
the first of this month.
ln that letter, Your Excellency manifests to this Secretariat that he
has received the three copies of the Canal Contract mentioned in the
telegram that I sent you on August 9111 last.
Your Excellency further adds that by replying to that telegram, you
also express the satisfaction of your Government in light of the hope it had
that with said contract mine contributed to provide facilities for the
accomplishment of an enterprise, in which the future of these countries is
linked; and that Y our Excellency had nothing to observe about the contract,
which on the contrary was a source of great pleasure for Y our Excellency, if
it did not entai! serious difficulties for the execution of the Canal work, and
did not imply the assumption of Nicaragua's ownership rights that
invalidates the contract and makes it totally ineffective.
In support of these assertions, Y our Excellency calls the attention of
my Govemment to clause 11 of the A ward issued by the President of the
United States, where it declares that the Treaty of Limits of 1858 does not
give Costa Rica the right to be a party to grants which Nicaragua may make
for inter-oceanic canals, therefore, Costa Rica cannot intervene in a matter
in which only Nicaragua is a party, without flagrantly breaching the arbitral
a ward.
That affirmation is corroborated, according to Your Excellency, by
the fact that the Canal Association is a creation of this Republic, by the
concessions and privileges it has received from it; and Your Excellency
147
states that this fact shows that Costa Rica could not enter into an agreement
with the Canal Company without first seeking the consent ofNicaragua.
Your Excellency also caUs the attention of my Govemment to the
circumstance that the aforesaid contract contains clauses that seriously
injure the rights of Nicaragua, among ethers, the stipulation in article
XLVIII, which grants to Costa Rica property rights in the Canal, which only
correspond to Nicaragua by virtue of the dominion and sovereign
jurisdiction it has over the territory and waters in which said work will be
executed.
Y our Excellency warns, however, that if after the definitive trace of
the Canal becomes known, it were indispensable to use any part of the
territory or waters of Costa Rica, in that case Your Excellency's
Government would find it natural for Costa Rica to seek the indemnity to
which it would be entitled.
Your Excellency concludes his important note by urging my
Government to reconsider the canal contract that it entered into, so that it
limits its action to the strict use of its rights.
The President of the Republic, who I have informed about Y our
Excellency's letter, has ordered me to reply as follows.
Far away from my Govemment's foresight was the Canal Contract
entered into between Costa Rica and Mr. A. G. Menocal, in which special
care was taken not to digress at ali from the strict right of use of the
Republic, defined by the treaty of Apri 1 15, 18 58 and clarified and, to a
certain extent, confirmed by the A ward of the President of the United States,
could give rise to the observations of Your Excellency's distinguished
Government, when mine, on the contrary, has had and has the full and
intimate conviction that the contract absolutely does not affect in any way
the rights of Nicaragua, and it also has the conviction that through this
negotîation Costa Rica has contributed, with no less effort than Nicaragua,
to facilitate the realization of the grandiose enterprise for the canalization of
the Central American i.sthmus, an enterprise that links, as Y our Excellency
has recognized, the future of these two countries. The Costa Rican contract
instead of entailing difficulties for the execution of the works, removes the
serious obstacles that could have otherwise arisen in the execution of the
work, and removes them by ali the means within the scope of this Republic,
without implying in any way whatsoever any assomption of rights not
pertaining to Costa Rica.
148
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·,:
It is a good thing that this Rèpublic is not obliged to be an essential
and inevitable party in the canal concessions that Nicaragua grants within its
own exclusive territory, althç~g~, in any case, and even if the territory and
waters of Costa Rica are not· touched, thèy should take into account the
opinion and vote of Costa Rica as provided in article 8 of the Treaty of April
15, 1858; Costa Rica, in such case, after giving its consultative vote, and
whether or not its opinion is adopted, will never pretend to be a party in the
respective negotiation.
The case at band is completely different. Authoritative public
documents, known by ali of us, show that the current project for the
canalization of the Central American isthmus proposes to use the Bay of
San Juan del Norte, in which Costa Rica bas indisputable rights of cosovereignty;
it proposes to take advantage of many miles of the San Juan
riverbed, where Costa Rica bas, on the one band, a perpetuai right of free
navigation and, on the other band, that of a riparian nation; it proposes to
divert the waters of that river and to give an outlet to the sea through
exclusively Nicaraguan territory, drying the old course, or at !east
significantly reducing its flow volume, and it proposes to raise the leve! of
the waters of the San Carlos river, which is exclusively Costa Rican, and
flood an entire district of this Republic, or the valley of San Carlos, in a
surface of many square miles.
The plan of the business company includes excavating part of the
canal in the southem zone of the San Juan river, which pertains exclusively
to Costa Rica, and also to locate another part of the canal in Costa Rican
terri tory, on this side of the border, in the isthmus that joins the Great Lake
and the Bay of Salinas; ail of this if it were convenient for the Company,
given the absolute freedom of action it bas to adopt the route that results
more practical and economie.
The company can choose the Bay of Salinas, as the extremity of the
canal in the Pacifie, if it deems convenient, in which Costa Rica has a cosovereignty
right.
Costa Rica bas granted special concessions to the Canal Association
for the construction and operation of a railroad dependent on the canal,
which in many parts will be located, according to ali probabilities, on
exclusively Costa Rican territory. It has also made liberal concessions on
exemption of custom duties and colonization of large masses of land, along
the river and other points, to which it has granted ownership; it bas
guaranteed respect for the contracts entered into outside of the Republic; it
will give force and effect to the regulations to be issued for the use of the
149
canal; and, finally, Costa Rica has restricted its freedom of action by
committing not to grant new concessions for a canal in its entire territory, or
for a railroad in the entire canal zone.
In short, Costa Rica has granted to the Company, as regards Costa
Rican territ ory, no less broad rights, and, in sorne cases, broader than tho se
granted by Nicaragua with regard toits own territory.
Therefore, to state and sustain, in light of such antecedents, ali of
which are constant in the respective contract, that Costa Rica is not a party
to the transaction, that it has intervened in somebody el se' s business, and
lacks the right to carry out said contract, is tantamount to denying the
sovereignty and independence ofthis Republic.
It is true that Costa Rica is not a party to the concessions that
Nicaragua grants for the canal, neither is Nicaragua in those that Costa Rica
might grant; but both can grant on their own behalf, and independently,
those which they may deem fit, with absolute freedom of action, stipulating
for themselves whatever compensation they deem sufficient for giving up
what is theirs. ·
Y our Excellency expresses the idea that the Canal Company is a
creation of that Republic because of the concessions it obtained from it, and
my Government does not agree with this idea. The Canal Association owes
its legal existence to the will of the people who form it and to the laws, by
virtue ofwhich it was incorporated in the State of Colorado of the American
Union, and willlater owe its existence to the Congress of the United States,
if it reaches the incorporation that remains before it. My Government
considers that both Costa Rica and Nicaragua have dealt with an
Association that existed beforehand, and if in any way it might be thought
that the concessions of Nicaragua have given life to the Association, it
would also be clear that Costa Rica, to the same degree as Nicaragua, bas
contributed to that end with the concessions it has granted.
The assertion that because the Canal Company received privileges
and concessions from Nicaragua, it cannat also receive them, separately,
from Costa Rica, when it will ineludibly need them to carry its purpose into
effect, presupposes that the Company lacks legal standing to validly deal
and contract with whoever and whenever it' deems convenient, with the
freedom that ali legal persans have, and which is granted by its
incorporation letter.
ISO
~-; ·,~·~~ ·tlt\f1'· .::;. . ;,~;i.~ i~~· !':'·f~F-;-.
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Nothing would hinder to such degree the realization of the canal
project than the negotiation of the freedom of the business company to
contract, without needing the approval of the. Government of Nicaragua.
It is regrettable that Y our Excellency has not deemed ît convenient
to point out, one by one, and with acceptable precision, those points of the
contract entered into by this Government, that according to Y our Excellency
seriously injure the rights of Nicaragua. The stipulation of article XL VIII on
the ownership of Costa Rica in the canal, if the opportunity should arise as
foreseen therein, cannot be more just if it is understood that Costa Rica only
acquires ownership of that part of the canal that is located in its territory,
and its right is limited, in the other cases, to a condominium, when it
involves a section of the canal, in which Costa Rica has co-sovereign rights,
as occurs in the bays of San Juan and Salinas, and that of free and perpetuai
navigation when it involves those sections where Costa Rica only has a right
of passage, and not sovereignty or joint ownership. Costa Rica, therefore,
has not stipulated in its favor, except that which is found within the limits of
its right, established by the 1858 Treaty and confirmed by the arbitral
a ward.
If upon making the definitive trace of the Canal, only the lands and
waters pertaining to Nicaragua are occupied, as it would occur if, for
exarnple, a line starting from Brito were to end in Bluefields, without
touching at any point the land, waters or rights of Costa Rica, it would be
evident that this Republic could not pretend to have any kind of rights in the
Canal, and it would surely not pretend to have them.
Your Excellency considers that the right of Costa Rica has been
satisfied, even if its districts were flooded, its rivers were diverted, portions
of its territory were occupied, its ports were taken advantage of and
modified, or those in which it is co-owner, its forests or quarries were
utilized, and, in short, Costa Rican lands and waters were used in the entire
extension determined in the contract, by offering to recognize the indemnity
that may correspond, when Costa Rica claimed it; and Your Excellency
considers that this is the faithful and correct interpretation of the arbitral
a ward.
Y our Excellency will allow me to. manifest that such an
interpretation is flagrantly contrary to the wording and spirit of the a ward;
which is inadmissible from any viewpoint, and consequently, Costa Rica
will never consent to the use of something that pertains to it without its
consent. The Company, knowing the rights of Costa Rica in part of the
territory and waters which the Canal will cross, requested permission from
151
this Govemment even for carrying out the preliminary surveys, as it was
appropriate, which was granted with the best will, and later requested and
obtained the concessions that Your Excellency now observes. It can be
assured, therefore, that not a step has been taken in this matter without first
seeking the consent of this Republic.
In conclusion, Mr. Minister, my Government cannot have the
satisfaction of fulfilling the wishes of Your Excellency regarding the
reconsideration of the contract entered into with Mr. Menocal; on the
contrary, taking into account the cordial relations that exist between Costa
Rica and Nicaragua and the interest of a company that will bring so many
benefits to both Republics, and which deserves ali the sympathy and support
from them, 1 take the liberty to beg Y our Excellency to consider the reasons
1 have exposed herein to vindicate the rights of Costa Rica and so that this
illustrated Government may be convinced that [the Government] of this
Republic restricted itself to exercise its right in the negotiations entered into
with Mr. Menocal.
In case these reasons do not produce the desired effect, my
Government expects that Your Excellency's [Government] will deign to
pinpoint the points of disagreement, so that, if inadvertently or due to any
other involuntary cause of course on the part of Costa Rica, in any of them,
not exposed in Your Excellency's aforesaid communication, the rights of
Nicaragua were undermined, these be surmounted and the harmony that
must reign between both countries be established, in a matter in which their
respective interests are closely touched.
1 can assure Y our Excellency that my Govemment desires nothing
more eamestly than to remove any reason that could serve as an opportunity
for new discussions between this and that sister Republic, now that the old
ones have happily ended with the award of the President of the United
States; and 1 reasonably hope that in the spirit of equity and elevated
justification that animates Your Excellency's Government and mine, they
will know how to resolve the difficulties that Y our Excellency points out on
the understanding of the extension of the rights of Costa Rica and Nicaragua
in the canal matter, without for an instant affecting the sincere and
indestructible friendship that unites one and the ether people and the
Governments that rule them.
With my distinguished consideration and appreciation, 1 have the
honor to remain your obedient servant.
(Signed) P. Pérez Zeled6n.
!52
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-t,!:.
ANNEX37
NOTE FROM MR. RICARDO PACHE.CO, MINISTER OF FOREIGN
AFFAIRS OF COSTA RICA TO THE MINISTER OF FOREIGN
AFF AIRS OF NICARAGUA. SAN JOSÉ, 9 AUGUST 1895.
National Palace
Mr. Minister:
1 have had the honor to receive your letter of June 11 1
h last, by which
Your Excellency,. on behalf of your Government, protests certain
affirmations contained in the Message delivered by the President of the
Republic to the Constitutional Congress on May gth last, regarding the
conduct of the Government of Nicaragua in the implementation of the
provisions set out in the Arbitration Convention signed at Guatemala on
Decernber 24, 1886.
Y our Excellency be gins by saying that the general terrns in which
the assertions of the cited document are conceived, obligate you to note that
the border question has not been discussed with this Government during the
present Administration of that Republic, and that the last efforts, suspended
de facto by the revolution that erupted in Nicaragua on April 28, 1893, date
back to the first months ofthat year.
ln this regard, allow me to cali your attention to the fact that the
wording of said document does not lend itself to interpretation as an allusion
to the present Government of that Republic. They certainly refer to
operations that should have been put in practice in another epoch. Ali
arguments that tend to show that the just complaint they involve does not
constitute a direct charge against that Administration are uncalled for.
Incidentally, 1 am pleased to recognize that during the Government
of President Zelaya the border question between the two Republics
regarding their respective territories has not elucidated. However, this
circumstance could not be an obstacle to refer, in general, to the
Government of Nicaragua in that Message, without excluding this or that
Administration that has not intervened in the matter because, as y ou know,
the Govemment is a moral entity that should always be considered that way
with respect to international matters, regardless of the changes that occur in
its personnel and the differences of ideals and purposes that those changes
153
originate. The faith that should be given to international treaties that are
respected and enforced cannat be based on any other principle, even if the
Govemment personnel that executed them has disappeared from the
political scene; and, on the other hand, solidarity in the succession of the
Governments of a State is also universally recognized with respect to
international obligations.
So then, if any of the Administrations of that Republic has hindered,
in one way or another, as 1 will show hereunder, the effectiveness of the
obligations consigned in the Treaty of 1858 and defined by the arbitral
award, it is evident that the concepts cited by Your Excellency are
victoriously defended against any objection that is only based on the
circumstance that the Govemment personnel, whose conduct motivates the
appreciation of the Message, no longer exists.
Your Excellency further states that it is not entirely true that
Nicaragua, for one reason or another, bas not concurred with its
Commission, as she was obligated and is obligated, to practice the formai
delimitation of the respective borders; and to support your statement, you
immediately refer to ail the acts that Nicaragua has executed in relation to
this matter.
Wh en the facts are exposed by y ou in this mann er, seemingly there
is no charge against Nicaragua as a result thereof, but a different thing
happens when you take into account a multitude of very important details
that served as a basis for the appreciation of the President of the Republic in
that respect.M
1 will refer to those details, begging you, in advance, not to see in the
narration of the se details, nor in the j udgment formed by the Government in
relation thereto, the slightest intention to intensify past disputes, or to relive
suspicions and resentments caused by them, but rather as an effort to make
the words of the Presidential Message more sincere, so as to maintain
hannony and concord, which are indispensable between neighbor and
fratemal peoples.
After the arbitral award was issued, my Government appointed
Engineer Don Luis Matamoros and Geometer Don Ricardo Alpizar to
compose the Commission that, in agreement with that of Nicaragua, would
carry out the delimitation, and it was communicated to y ou by letter of May
8, 1888, and at the same time inviting the Government of that Republic to
do the same, which, by letter of July 1 st of that same year, indicated that it
had appointed, on its part, Licentiate Don Salvador Castrillo and Don W.
!54
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,·:·
Climie. Another letter was sent b/ tbis Ministry on September 17 of the
following year, asking you to kindly indicate, within the shortest time
possible, the date when your cqmmission would be ready to commence the
works, since the Commission of Costa Rica was ready and only waiting for
that notice. Then the Ministry under your charge indicated that the
Commission had been appointed, that the delimitation bad not been
practiced owing to reasons beyond the control of that Government, that
Commissioner Climie was absent at that time, and that Mr. Castrillo could
not fulfill his mission because he was present! y taking care of other matters.
That a persona! impediment of the commissioners of that Republic
to immediately concur to the delimitation could be an insurmountable
obstacle for the realization of such important work when, on the ether band,
it was urgent to carry it out because the short time period in which it had to
be completed was elapsing, is inexplicable from ali points of view, and the
allegation that was made in that respect cannat be entertained as an excuse.
My Govemment waited for the Government of Nicaragua, obliged
as it was to renew the negotiations, which had been postponed at its request,
to advise that its commission was ready to commence the work. It did not
happen that way. In view of that, the [Government] of Costa Rica addressed
your Government, by letter of June 131h of that same year, indicating that
seventeen months bad already elapsed since the appointment of the
Commissioners and only thirteen remained to carry out the marking of
boundaries, and proposing bases for the execution of the works in an
adequate and efficient manner.
That very important létter was not honored with an opportune reply
until May 24 of the following year, that is to say, five and a half months
later, when the Govemment ofthat Republic stated that it was ready to send
its commissioners, without referring at ali to the proposed bases. This
Government urged your Government again, by telegram of May 26, to
indicate if the aforesaid bases were acceptable and finally obtained a
favorable reply from the latter via telegram on the next day.
And so, Mr. Minister, that silence ofNicaragua for such a long time,
although it was ber duty, as 1 stated, to renew the negotiations, and that she
bad received a letter from this Secretariat which bad not deserved a
satisfactory reply, is another basis that led my Government to believe that
your Govemment was avoiding the coveted conclusion of our jurisdictional
disputes.
!55
Finally, the commissioners of both Governrnents were able to meet
in San Juan del Norte on June 15, 1890, and at a conference held at seven in
the evening of that same day at the govemment house in that port, to the
great surprise of our Delegates, Doctor Don Modesto Barries (who was
substituting Mr. Castrillo), tenaciously maintained his claim against the
express text of the arbitral a ward stating that ''Punta de Castilla" should not
be considered the starting point of the comrnon border because the constant
variation of those places has caused its separation from firm land and it
would not remain on the right bank of the San Juan River. Engineer
Matamoros tri.ed in vain to make him see that the arbitral award determines
the boundary of the aforesaid Punta, just like it was on April 15, 1858, as
the starting point of the border on the Atlantic side; and that it was very easy
to determine the actuallocation of that Punta during that year with the map
of the "Peacok" (sic) or that of "Kansas" of the U.S. Navy. Doctor Barries
was inflexible; he insisted that the A ward did not know those places, that by
saying 'just like they were on April 15, 1858" it assumed that said land (that
of Punta de Castilla) was aggregated to the continent, and that the river
always passes between her and San Juan del Norte, but that since it was
currently eut by the river, the right bank of the river did not begin at that
location.
Mr. Matamoros indicated that the purpose of the commission was
not to interpret the award or the Treaty: that both were clear and easy to
implernent since they indicated specifie points that could be easily
determined with the aforesaid maps.
Theo Doctor Barrios expressed a desire to reach an agreement, citing
the Arbitration Convention signed at Guatemala that authorizes the
Commission to separate from the actual border up to a distance of one mile,
and proposing that the starting point be fixed at "Harbor Head". The reply to
that was that it was necessary to first determine the distance between that
point and the Punta and theo practice the mediation. In reply, Mr. Barrios
persisted to argue that such operation was impossible because of the
constant variation of the places.
As you will note, the specious arguments made by Mr. Barrios
cannot be construed in any other way than as excuses for not carrying out
the delimitation. And this is virtually the meaning given in the same
proposais of the cited gentleman, who after defending the part situated to the
west of "Harbor Head" as Nicaraguan terri tory, requests that by virtue of the
faculty consigned in the Arbitratio11 Convention the latter place be fixed as
the border. 1 f he actually thought that "Harbor Head" was the border, as he
defended at the outset, he would not have proposed, as he did later, that said
156
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border be fixed, based on the authorization they had to penetrate Costa
Rican soi! up to one mile.
-'·1
This kind of discussion, which could have been entertained as an
allegation before the Arbitrator, although indefensible later when it was only
a matter of enforcing the provisions set forth in an unappealable decision
and in a perfectly val id Treaty, convinced our Commissioners that ali efforts
to dissuade those of Nicaragua from the un just claims stated by Mr. Barrios
were futile, and led to an agreement between both parties to suspend the
works in the north, and to move to the Pacifie, in order to initiate them again
on that side. My Government accepted said disposition, confident that, as
stated in the minutes drafted by ali the commissioners in San Juan del Norte
on June 17, as aforesaid, there was no possibility that any discussion would
arise if the works were carried out at the Bay of Salinas. Ali the
commissioners immediately went in direction to the south. They arrived at
Rivas on June 23, and ours stayed there waiting for the retum of those of
that Republic who had gone to the interior. Time passed without the
Commission of Nicaragua rejoining that of Costa Rica, so the latter decided
to go to Managua to find out the reason of this delay, where it was told by
Minister Delgadillo that he did not know anything about the matter. In view
of this, my Govemment urged your Govemment to send its commissioners
as soon as possible.
So much delay, Mr. Minister, on the part of that Republic, to order
its agents to retum to perform their tasks, was viewed by my Govemment,
with ali just reason, as a way to digress from the completion of the
delimitation operations, which opinion was also corroborated by the
inexplicable reply of Minister Delgadillo, to which 1 referred previously,
and the weak excuse for the delay given by that Govemment in a telegram
of July 18, stating that owing to grave and unforeseen difficulties its
commissioners had not been able to concur, but would immediately leave in
direction to the Bay of Salinas.
On August 4111 next, the commissioners were at the location and
began again their work. Not having accepted the Commission of Nicaragua
the U.S. Navy ranger map of Bay of Salinas, which was presented by the
Costa Rican Commission, a decision was made to make a survey; and on
September 7'11 next, the mixed commission met in Rivas, with the objective
of discussing the definitive tracing of the dividing line between the bay and
Sapoa. The objective was to accurately determine the center of the bay of
Salinas, in accordance with the provisions of the Award, when the
commissioners of that Government, undoubtedly pretending to transform
the mixed commission into a Supreme Tribunal so asto correct the defects
157
that the arbitral award contained in their opinion, calling attention to an
"error" by President Cleveland, consisting of indicating that the western
limit of the bay was the line, starting from "Arranca barba" to the
westernmost point of "Punta Zacate", and requested to amend the lack of
equity resulting from that, at the same time indicating that it was necessary
to point out that the center of the coast was the starting point of the dividing
line; and, as a third point of the same, the hill of "La Cruz", which place, as
you know, indisputably belongs to Costa Rica.
Such unjustifiable pretensions, after having recognized in the
minutes of the meeting held in San Juan del Norte that no difficulty would
arise and no discussions of any nature would be possible if they started by
the bay of Salinas, evidences an unyielding determination on the part of the
Nicaraguan commission to indefinitely postpone the completion of its
miSSIOn.
So, against the opm10n of our agents, and notwithstanding their
efforts to impede it, those of Nicaragua attempted, for the second time, to
transform the Commission in charge of making the delimitation in
accordance with the precise and indisputable bases fixed in the Treaty of 58,
in the Arbitration Convention and in the award, into a deliberating body
with respect to the equity of the A ward. This new obstacle and the fact that
the date on which the delimitation had to be concluded was getting close,
without any possibility of realizing it in the short time period that remained,
led to agreement to suspend the works, commissioning Messrs. Alpizar and
Collins to perform sorne works, and the former, especially, for ali those that
were deemed convenient.
With such broad authorization, Mr. Alpizar was fulfilling his
mission when the Government of Nicaragua, by telegram from that Ministry
dated January 1, 1891, indicated that it had been informed that the aforesaid
gentleman was performing work along the border and erecting markers of
lime and stone, which your Government questioned because it considered
that the term for completing the delimitation had expired and because the
ratification of the "Castro-Guerra Treaty" was pending, and requested that
the works be suspended if they were being carried out.
As you weil know, the expiration of the agreed term to execute an
unappealable sentence can never be seen as a cancellation of the duties it
imposes upon the Parties; otherwise, the eflectiveness of the sentence would
remain at the will of the injured party and, consequently, its unbending
decisions would be frustrated. Since the duties and rights of Costa Rica and
Nicaragua established in the aforementioned Treaty and Award with respect
158
'·
to the borders are imprescriptible, th~· obligation to delirnit them must also
be imprescriptible, and by virtue thereof, the fact that the Government of
Nicaragua invoked the expiration of the term reveals a tendency to hinder
the course of the operations that should have been facilitated, al1 the more
reason if we consider that Mr. Alpizar was at his position in accordance
with the agreement and with the authorization of both commissions, and that
his work could be ratified or rectified by your Government.
As regards the pending approval of the "Castro-Guerra" Treaty, it
was not sufficient reason for that Govemment to oppose the delimitation
given that said Treaty, even if it had been ratified by Costa Rica, did not
affect at ali the marking of the border between the CastJe and Sapoa, which
was precisely the operation being carried out by Mr. Alpizar, which gave
origin to your telegram to which 1 have been referring.
Subsequent to that incident, and as a consequence of the border
dispute that arose between both Governments because anned troops from
that Republic bad penetrated into the place called "Los Patos", my
Government proposed to your Government, on November 20, 1892, with
the objective of definitively resolving the border issue between both
countries in an honorable and effective manner, the appointment of two
Engineers, one by each Government; as weil as a third engineer, whose
appointment would be requested to the American Government, so that they
fix the mark ers in accordance with the ru ling. T o this rational and
conciliatory proposai, the Govemrnent of Nicaragua replied that, in its
opinion, the "Castro-Guerra" Treaty ended all subsequent difficulties and
was waiting for the ratification of Costa Rica to proceed to the exchange.
The implicit rejection of the reasonable means of settlement
proposed that said reply involved clearly indicates that the Government of
Nicaragua was not thriving at that time with the best desires to concur with
its commission to the territorial delimitation. That is the only consequence
that can be deduced, given the cause alleged by that Govemrnent, since
nothing new was establisbed in the "Castro-Guerra" Treaty to delimit the
border in the zone where "Los Patos" is located, which uncertain situation
for your Govemment gave room to the proposai of my Government that it
was irrelevant to cite this Draft Treaty as an effective way to end the
disputes.
After referring to how Nicaragua bas complied with the provisions
of the Convention of Guatemala and the Arbitral Award, you present a
formai protest on behalf of your Govetnment with respect to the solemn
159
declaration made by President Y glesias and contained m the following
words of the Message.
"In the disputes that have arisen with Nicaragua due to the boundary
jurisdiction, the Government has adopted, as a starting point to maintain and
defend the sovereignty of Costa Rica, the material border delimitation made
by the Costa Rican Commission, which adjusted its work to the provisions
prescribed in the "Caftas-Jerez" Treaty of April 15, 1858, which were
confirmed and defined by the Award of the President ofthe United States of
North America, Mr. Grover Cleveland".
Y our Excellency immediately adds that the Government of
Nicaragua does not accept such declaration because both clause 3 of the
invoked Treaty and clause 10 of the Arbitration Convention acknowledge its
right to participate in the tracing of the dividing line and to intervene in the
demarcation and to sanction it with its presence and acquiescence, and that
as long as the borders are not fixed, Costa Rica and Nicaragua will have to
respect the status ql10 and abide by the general principles of the Law of
Nations to resolve any jurisdictional disputes that arise.
With respect to the aforesaid protest of your Government, 1 must say
that the expressed words do not constitute the slightest ignorance of the
rights that assist Nicaragua to intervene in the delimitation of our cornmon
border, neither does the resolution of this Govemment, to which they refer,
hinder the unhampered exercise of those same rights. 1t is needless to say
that your Government can send its commissioners, at any time it wishes, to
review the operations of our commissioner and, in case they find them to be
irregular, can notify my Govemment in this respect, which shall not wait to
send its own, so that after they start again the works that have been
suspended since 1891, they may complete this very important project.
However, as long as that Republic does not indicate the manner how this
matter will be carried out, it is only natural that Costa Rica, who needs to
maintain, just like any country, the most cordial and frank friendship with
its neighbors, provides something that, without impairing the rights of
others, gives effectiveness to its own rights and removes ali reason for
subsequent confrontations.
Otherwise, the great efforts of both Republics to put an end to their
disputes would be worthless, thereby undermining the incontestable
authority of the Award and offending the dignity of the Arbitrator, who,
opportunely and with such high spirit of conciliation, gladly responded to
our common cali and put himself at the service of peace among these
Republics.
160
There is certainly an uoknown ri~ht, Mr. Minister, not in the words
of the Message, but in the question they refer to, and it is that Costa Rica
has the provisions of a Treaty declared valid by a firm ruling so that they be
executed without delay. To exercise that right, at !east in part, is the norm of
conduct that this Govemment has adopted, with the absolute certainty that
the interests of that Republic shall not be aggrieved at ali because the
marking of our commissioners faithfully adjusts to the provisions of that
Treaty, something that your Governrnent has never doubted.
As regards the obligation that bath Governments have to consult the
status quo of the borders and the general principles of the Law of Nations
with respect to any future jurisdictional disputes, 1 believe it is unnecessary
to ponder at length since it is an incontrovertible doctrine that the positive
international law resulting from the treaties and arbitral awards is the criteria
that, first and foremost, should serve as the basis to resolve the conflicts
between two countries; and that there is a boundary treaty between Costa
Rica and Nicaragua, a point that Y our Excellency cannat overlook.
I have extensively disturbed the illustrated attention of Your
Excellency and 1 will conclude, but before 1 do, 1 would like to make known
to that Govemment the following:
The Govemment of Costa Rica trusts that the present Administration
ofNicaragua is animated, as you have stated, by the most sincere sentiments
of good harmony with friend countries and brotherhood towards the Central
American peoples and that it feels more obligated than any other to put an
end in the best way possible toits long-standing border question.
Since there is a unity of ideals and purposes between the
Governments of bath Nations on this matter, and since the yearned
conclusion of that Iitigation solely depends on Nicaragua concurring to
execute what has been already resolved with respect to the borders in a
conclusive manner, we are at a propitious moment to remove from the line
that marks the common fate of both Nations the only obstacle capable of
rekindling unfounded suspicions and maintaining latent motives of discord.
T o this end, my Government urges y our Government to accept the
proposition made to Mr. Sacaza (sic), relative to the appointment of
Engineers by bath Parties, who, in agreement with a third, whose
appointment will be requested to the President of the United States of North
America, would be in charge of practicing the delimitation of territories.
The Government of Costa Rica hopes that such a procedure, which can be
161
easily and immediately implemented in accordance to justice, as weil as the
interests and aspirations of both Peoples and Governments, will be accepted
by Your Excellency's Government.
With sentiments of high appreciation and very distinguished
consideration, 1 am your dutiful servant.
(Signed)
Ricardo Pacheco
lt concurs
San Jose, November 1, 1895
His Excellency, the Minister of Foreign Affairs of the Republic of
Nicaragua, Managua
162
ANNEX38
NOTE FROM MR. RICARDO PACHECO, MINISTER OF FOREIGN
AFFAIRS TO THE SECRETARY TO THE DIET OF THE
GREA TER REPUBLIC OF CENTRAL AMERICA, 31 JUL Y 1897.
Sir:
I have the honor to confirm to Y our Excellency my cablegram ofyesterday,
which reads as follows:
(Here the cablegram of July 30, 1897)
By this same letter, 1 have the honor to send to each of the dignified
members of the Most Excellent Diet printed copies of the reports that the
Border Commissions presented to the Honorable Mr. Alexander, Engineer
Arbitrator, due to the dispute that exists between them with respect to the
status of Punta de Castilla, the starting point of the common border between
Costa Rica and Nicaragua on the Atlantic side.
The simple reading of those documents suffices to convince the most
concemed spirit that the news regarding the pretensions of Costa Rica over
the river and port of San Juan cannat be even remotely explained by any
part of the exposition of rights that assist Costa Rica, which was presented
to the Engineer Arbitrator, and provides a solid basis to the opinion
formulated by that Governrnent that said rumor is the work of restless and
disassociating spirits, sworn enemies ofthis peaceful people.
No Jess conclusive evidence of my assertions is the interpretation gi ven to a
decree issued by Congress, harmless as to its international scope, but highly
and significantly important for the agricultural future of the fertile districts
of our territ ory, su ch as that of June 11 th last, that allows to import certain
goods via the San Juan and Colorado [rivers], export products from San
Carlos, Sarapiqui and Parismina, Tortuguero and Colorado, and exempts
specifie articles from the payment of import duties.
It takes no effort whatsoever to understand that the licence to introduce
merchandise into the valleys that the decree refers to has to be subordinate
to the conditions set for the navigation of the San Juan River, and that this is
an interior river, not open by its sovereign to foreign traffic. It should be
understood that such permit was referred only to Costa Rican ships, which
under the Treaty of 58 and the Arbitral A ward of President Cleveland, have
163
a right to do it, which cannot in lack of a national authorization, be utilised
to embark and disembark products through ports not open to sea trade.
Only anticipating, as it was done, the species relative to our tendencies to
appropriate ourselves of the river and Port of San Juan could aims attributed
to the decree, with any appearance of credibility, which it does not have;
however, having shown the absurdity and falsehood of said statement, any
reason for the baseless interpretation to which 1 have been referring
disappears.
1 have the honor to present to the Most Excellent Diet the testimony of my
respect and high consideration, and 1 remain, Sir, your obedient and
confident servant.
Ricardo Pacheco
To His Excellency
The Secretary of the Di et
of the Grea ter Republic of Central America
San Salvador
164
ANNEX39
NOTE FROM MR. JULIO MARTIN, DIRECTOR OF ADENA, TO
MR. ALFONSO ROBELO, AMBASSADOR OF NICARAGUA IN
COSTA RICA. SAN JOSÉ, 27 SEPTEMBER 1993.
ADEN A
Telephone 506 269309 Fax 506 278861
PO Box 772 -1 002 Paseo de los Estudiantes
San Jose, Costa Rica
San Jose, September 27, 1993
Mr. Alfonso Robelo
Ambassador of the Republic of
Nicaragua in Costa Rica
Hand delivered
De ar Mr. Robelo,
1 take this opportunity to respectfully greet you and to request, on behalf of
ADENA (Association of Nautical Sports) and the organizing Committee,
that you interpose your good offices so that the authorities of your country,
as the sovereign over the San Juan River, grant us the respective permit to
carry out the first INTERNATIONAL SARAPIQUI BARRA DE
COLORADO NAUTICAL RALL Y.
This activity, which has the main purpose of delivery donations, totaling
over one million co lones, to six of the schools located on the banks of the
Ri ver, will take place on Saturday, 9 Octo ber 1993, at Il :0 1 am, and is
being organized in coordination with the Development Associations of
Puerto Viejo de Sarapiqui and Barra del Colorado.
We estimate that the participation of an excess of 75 boats will significantly
reactivate the commercial sectors in ali the zones where they pass. Attached
you will find a map of the route, where you will note that we will use the
waters under your sovereignty for approximately 45 minutes.
165
Having no other matters for the time being and looking forward to a positive
reply to this request, I remain with all consideration.
Sincerely yours,
166
(Signed)
Julio Martin O.
Director
ANNEX40
NOTE FROM MR. ERNESTO LEAL, MINISTER OF FOREIGN
AFFAIRS OF NICARAGUA TO MR. ALFONSO ROBELO,
AMBASSADOR OF NICARAGUA TO COSTA RICA, 8 OCTOBER
1993.
MINISTRY
OF
FOREIGN AFF AIRS
Managua, Nicaragua
October 8, 1993
IA-X-0659-93
Engineer
Alfonso Robelo Callejas
Ambassador of Nicaragua in Costa Rica
San Jose.
Excellency,
In relation to the request for perm.IssJon to carry out a boat
competition in the San Juan River, which was presented, through you, by
the Asociaci6n de Deporte Nautico de Costa Rica (ADENA) and the
organizers of the INTERNATIONAL SARAPIQUI-BARRA DE
COLORADO RALL Y, I hereby inform you as follows:
The Ministry of Foreign Affairs acknowledge receipt of said request
and declares that in exercise of the sovereignty and supreme control that
Nicaragua exercises on the San Juan River, and in answer to the request
presented, the Chancellery of the Republic [ofNicaragua], on this occasion,
has decided to grant the corresponding AUTHORIZATION for the holding
of the tourist Rally with regard to the Trinidad- El Delta stretch.
In addition, it is necessary to inform the Costa Rican Nautical Association
of Sport (ADEN A) that it will be the responsibility of the organizers of the
event, as weil as of the participants in it, to properly handle garbage, plastic
waste and oil, to avoid contamination and any damage to the environment in
which the competition will be held.
167
We hope that in the future any similar request will be presented sufficiently
in advance in order to analyze them and give an adequate reply.
Having no other matters of reference, 1 take this opportunity to greet
y ou.
Sincerely,
/s/lllegible
ERNESTO LEAL SÂNCHEZ
Minister
[Seal:] MINISTRY OF FOREIGN AFF AIRS
MANAGUA REPUBLIC OF NICARAGUA
CENTRAL AMERICA.
cc: file
168
·i' ;::
ANNEX41
NOTE FROM MR. BERND NIEHAUS, MINISTER OF FOREIGN
AFFAIRS OF COSTA RICA TO MR. MR. ALFONSO ROBELO,
AMBASSADOR OF NICARAGUA TO COSTA RICA, SAN JOSE, 15
MARCH 1994.
The Minister of Foreign Affairs and Worship
Mr. Ambassador:
1 have the honor of addressing your Excellency to make reference to
the events which have taken place in recent days in the zone of the San Juan
River where officers of the illustrious Government of Nicaragua have
proceeded to charge a toll tax to Costa Rican vessels navigating in the
aforesaid river, with the objective oftransporting tourists.
As Y our Excellency weil knows, the Cafi.as-Jerez Treaty of Limits
between Costa Rica and Nicaragua provides in Article 6 that: "The Republic
of Nicaragua shall have exclusive dominion and supreme control of the
waters of the river San Juan from its outlet from the lake until it empties into
the Atlantic; but the Republic of Costa Rica shall have perpetuai rights, in
the said waters; of free navigation from the river's mouth to three English
miles below Castille Viejo for the purposes of commerce, [objetos de
comercio] whether with Nicaragua or the interior of Costa Rica, by way of
the rivers San Carlos or Sarapiqui or any other route proceeding from the
tract on the shores of San Juan that may be established as belonging to this
Republic. The vesselsof both countries may indiscriminately approach the
shores (atracar) of the river where the navigation is common to both,
without the collection of any class of imposts unless so established by the
two Govemments"
According to the information in the possession of the Government of
Costa Rica, officers of the. Govemment ofNicaragua have established atoll
tax collection post at La Trinidad in front of the mouth of the Sarapiqui
River, in which zone, according to the Caftas-Jerez Treaty, Costa Rica has
the right of free commercial navigation. 1 must inform Y our Excellency that
the Minister of Public Securüy of Costa Rica, Mr. Luis Fishman, has
contacted representatives of the Ministry of Defense of Nicaragua, without
having received any satisfactory reply to date.
169
Further, a few days ago l personally talked with His Excellency, the
Minister of Foreign Affairs of Nicaragua, Eng. Ernesto Leal, who told me
that, according to information in his possession, the Government of
Nicaragua had established a toll post outside of the area of fre·e navigation,
but in the light of the reiterated facts and the precise information which has
been communicated to me by the Ministry of Public Security of Costa Rica
on this same date, I hereby request Y our Excellency to communicate to
Minister Leal the statements set forth herein, in order to obtain a prompt
reply.
For these reasons, 1 hereby convey to Your Excellency the concern
of the Government of Costa Rica in the light of these events, as well as the
express request that said actions cease immediately.
In this respect, 1 would like to express to Your Excellency the firm
will of the Administration of President Rafael Angel Calderôn Fournier to
instruct the respective Costa Rican authorities to initiate talks with their
Nicaraguan counterparts, with the objective of finding a solution to the
aforementioned problem, based on the full respect of the provisions of
Article 6 of the Cai'i.as-Jerez Treaty.
Notwithstanding the foregoing, [ reiterate to Your Excellency the
assurances of my highest esteem and consideration.
(Signed)
Bemd H. Niehaus Q.
The Minister of Foreign Affairs and Worship.
His Excellency
Mr. Alfonso Robelo Callejas
Ambassador of the Republic ofNicaragua
CITY
170
' L
ANNEX42
NOTE FROM MR. JUAN RAFAEL LIZANO, MINISTER OF HOME
AFFAIRS, POLICE AND PUBLIC SAFETY OF COSTA RICA TO
MR. JOSE ANTONIO ALVARADO, MINISTER OF HOME
AFFAIRS OF NICARAGUA. SAN JOSE, 15 JULY 1998.
DM357
Mr. José Antonio Alvarado
Minister of Govemance
REPUBLIC OF NICARAGUA
Minister,
In accordance to our telephone conversation yesterday, in which 1 inforrned
you that our public forces have been hindered from navigating on the San
Juan River carrying regulation weapons in activities related to the
provisioning and changing of the guard at the posts located on the right bank
ofsaid rivers, in Costa Rican territory, I hereby express the following:
Colonel Talavera, the Chief at the respective Military Region of the
Nicaraguan Army, indicated to our officers that they could not allow our
police personnel to pass due to superior orders.
1 reiterate that in spite of the location of the border posts of our police in
national territory, the only means of access in sorne cases is the San Juan
River, reason for which the activity of provisioning and changing our border
guards finds itself absolutely impaired by the unilateral decision taken by
Nicaraguan authorities. As you know, the inhospitable and dangerous border
zone obliges our police to carry regulation weapons for their personal safety
and that of the vessel carrying supplies.
I wish to reiterate thar the vessels used for the activities described earlier do
not bear artillery and the weapons used by our police officers form part of
their endowment of persona! supplies, and in no way run counter to the
bilateral international norms in force regarding the use of this waterway.
171
___ i
1 kindly request that you give the necessary orders to resolve this difficult
situation, reiterating our will to collaborate with the Nicaraguan authorities
for the bene fit of our common border security.
Y ours truly,
/si Illegible
[Seal:]
MINISTRY OF HOME AFF AIRS, POLICE AND PUBLIC SAFETY.
JUAN RAFAEL LIZANO S.
MINIS TER
Cc: File
172
ANNEX43
NOTE FROM MR. WALTER NIEHAUS, VICE MINISTER OF
FOREIGN AFFAIRS AND WORSHIP OF COSTA RICA TO MR.
ADAN GUERRA, VICE MINISTER FOREIGN AFFAIRS OF
NICARAGUA. SAN JOSE, 23 DE MARCH 2000.
The Deputy Minister of Foreign Aftàirs and Worship
DVM-167-2000
Mr. José Adim Guerra
Vice-Chancellor
Republic ofNicaragua
Hand Delivered
Dear José Adan:
1 have carefully read with surprise your letter of today, 23 March 2000,
since it was clearly stated in Costa Rica's closing argument during the round
of negotiations held on Wednesday, 15 March, before the Chancellors, the
OAS Secretary General, Mr. César Gaviria and you, that there were two
drafts to be considered by the parties: a draft proposed by Costa Rica and
another draft proposed by Nicaragua. Further, it was agreed that both texts
would be submitted to the respective consultations.
In this state of things, in the letter 1 sent y ou yesterday, l repeated the text of
the draft that Costa Rica presented at said meeting, except that sorne text
was added in paragraph 10, last sentence. Further, l carefully placed this
additional text in brackets.
That last paragraph in brackets tries to further clarify paragraph 1 0 by
providing: "Said navigation shall always take place under the protection of
an extensive and sufficient exchange of information as may be necessary to
safeguard the exclusive dominion and sovereign jurisdiction of Nicaragua
over the San Juan River, as well as Costa Rica's right of free navigation in
the river (Illegible text) and those which may be necessary for the protection
of said enjoyment."
173
Said expansion of paragraph 10, as you can see, does not impair any rights
either of Nicaragua or Costa Rica, and it was sent to your office with the
genuine intention of improving the understanding of the text and facilitating
the dialogue.
Upon clarifying the above situation, 1 reiterate my will to maintain the
dialogue concerning this theme under the auspices and facilitation of the
Secretary General of the OAS, Mr. César Gaviria, and to hold the meeting
scheduled for 12:30 p.m. on 29 March in your country, as agreed.
With the assurances of my consideration,
/s/lllegible
Walter Niehaus
Cc: Mr. Camilo Granada
174
ANNEX44
NOTE FROM MR. ROBERTO ROJAS, MINISTER OF FOREIGN
AFFAIRS AND WORSHIP OF COSTA RICA TO MR. FRANCISCO
XAVIER AGUIRRE, MINISTER FOREIGN AFFAIRS OF
NICARAGUA. SAN JOSE, 26 OCTOBER 2000.
The Minister of Foreign Affairs
DM-332-2000
Excellency,
1 am pleased to address you in reference to the situation that arose on
21 October last when military authorities of the Republic of Nicaragua
precluded the realization of the VII International Nautical Rally Sarapiquî
River 1 San Juan River, on the waters of the San Juan River, on the waters of
the San Juan River, which has taken place without delays on six previous
occasions, and which had been reported to the Nicaraguan authorities more
than a month in advance.
This act constitutes a serious violation to the rights of free navigation
of the Republic of Costa Rica on the San Juan River, set out in the CanasJerez
Treaty, the 1888 Cleveland Award and other instnunents of
international law governing this matter.
The Government of the Republic of Costa Rica hereby expresses its
most energetic protest for the events that took place and respectfully
requests the corresponding explanations, at the same time requesting that
situations that violate the right of free navigation of Costa Rica on the San
Juan River be avoided in the future.
Within this context, 1 take this opportunity to refer to note MREVH-
JI/483/1 0/00, which attempts to explain the situation that took place
with members ofCosta Rica's Judicial Investigation Body on 26 September
last, who were precluded to freely navigate on the San Juan River in the
performance oftheir pertinent duties.
In this regard, the Government of Costa Rica considers that the
above-cited note does not satisfactorily respond to the explanations
requested in our Note DVM-420-00 on 28 September 2000, and confirms
the violation to our perpetuai right of free navigation on the San Juan River,
notwithstanding the report of passage made by the Costa Rican authorities.
175
The Government of Costa Rica fratemally urges the illustrious
Govemment of Nicaragua, in order to strengthen the positive development
of bilateral relations between both countries, to contribute to the
consolidation of this linkage by ceasing ali actions that violate the terms of
the legal instruments governing relations between both nations.
I take this opportunity to reiterate to Y our Excellency the assurances
of my consideration and esteem.
His Excellency
Francisco Xavier Aguirre Sacasa
Minister of Foreign Affairs
Republic of Nicaragua.
176
(Signed)
Roberto Rojas
ANNEX 45
NOTE FROM MR. ROBERTO TOVAR, MINISTER OF FOREIGN
AFFAIRS AND WORSHIP OF COSTA RICA TO MR. NORMAN
CALDERA, MJNISTER FOREIGN AFFAIRS OF NICARAGUA.
ALAJUELA, 26 SEPTEMBER 2002.
DM-300-02
Doctor
Norman Caldera
Minister of Foreign Affairs
Republic ofNicaragua
His Office
Dear Mr. Minister:
l am pleased to put on record sorne references concerning the document we
have signed today in the city of Alajuela, Costa Rica.
First and foremost, I wish to reiterate that in a peace and harmony context
we are encouraged to successfully implement economie integration projects,
particularly the U .S.-Central America Free Tracte Agreement, the Puebla
Panama Plan, the Central America-European Union partnership agreement,
and the creation of a special fund for Costa Rica-Nicaragua binational
development. Ali this in favor of our peoples, who deserve the best
opportunities for their socioeconornic growth.
Consistent with the spirit of transparency prevailing in these conversations,
we also understand that Nicaragua keeps its reserve at the International
Court of Justice. In turn, during the next three years today's legal situation
will rernain unaltered. That is to say, in words typically used in our
countries, it will be frozen.
Additionally, it is worth stating that armed civil guard navigation will not be
an issue to be dealt with during the period mentioned in the above
paragraph.
After said period, each Party will be free to take the actions considered most
suitable to its interests.
177
I appreciate your integrationist vision and your ongoing concem over the
well-being of the neediest sectors, principles 1 fully share with you and
which undoubtedly have guided our decisions.
I am sure these ideals will lead us to jointly seek the resources needed for
reaching our common objectives.
Truly yours,
Roberto Tovar Fajar
178
ANNEX46
NOTE FROM MR. MIGUEL LEON, PRESIDENT, ADENA TO MR.
MAURICIO DIAZ DA VILA, AMBASSADOR OF NICARAGUA TO
COSTA RICA. SAN JOSE, 14 JULY 2003.
Asociaci6n de Deportes Nauticos de Costa Rica
Tel. 240-8775 Fax 240-6251
Email: adena@deportes-nauticos .corn
San Jose, July 14, 2003.
Mr. Mauricio Diaz Davila
Ambassador of Nicaragua in Costa Rica
Rand delivered
Mr. Excellency,
The Board of Directors of the Costa Rican Nautical Sports Association
(ADENA) cordially and warmly greets you.
As we have been doing for the last 7 years, our sport associatiOn is
organizing the traditional international nautical event in the Costa Rican and
Nicaraguan fluvial routes, specifically in the Sarapiqui River and San Juan
River of Nicaragua. It consists of a rally or timed nautical family trip at low
speed.
For this reason, we respectfully request your assistance in obtaining the
authorization of the Govemment of your country through its different
Ministries, specifically the Immigration and Naturalization Service, the
Army, the Ministry of Natural Resources and any other you may consider
appropriate. Likewise, were it possible, and considering that this is a
sporting event, we request that you intercede on our behalf so we might be
exempted from charges for visas (Migration) and Clearance Certificate
fees(Army).
The event will take place on Saturday, September 131
h of this year, from
Puerto Viejo de Sarapiqui (Costa Rica) to the confluence of the Sarapiqui
River with the San Juan River (Trinidad de Nicaragua), then continuing to
San Juan del Norte (Nicaragua, lndio River lake complex), and retuming,
through the same route, on Monday, September 15.
179
The organization of the event is shared by the Management of the Indio
River Lodge, where we will stay for 3 days and 2 nights.
It is our custom to take sorne gifts for the rural schools where we pass. In
this particular case, we intend to take sorne supplies to the school in San
Juan del Norte, Nicaragua. Tt would be very helpful for us if you or your
staff could find out how we can contact the teachers at said educational
center so asto inquire about their immediate primary needs and see how we
can mitigate them.
Our commitment, as al ways, is to guarantee full respect for the laws of y our
country and sites, like national parks and protected areas, where we demand
the highest care insofar as the conservation of Nature is concerned, which
includes that most of our boats pass the pollution standards required as of
2006 to ensure the "non-pollution" of the waters of the rivers and their
surroundi ngs.
On behalf of our Association, in my own name, and sports in general, 1
thank you in ad vance for you invaluable assistance.
With the assurances of my highest consideration and esteem, I remain
Cordially yours,
cc: Alfredo Lopez, Manager, lndio River Lodge
180
(Signed)
Miguel A. Leon Soler
Director
---,-
' .
NOTE FROM MR ROBERTO TOV AR MlNISTER OF FOREIGN
AFFAIRS AND WORSHIP OF COSTA RICA TO MR. NORMAN
CALDERA, MINISTER OF FOREIGN AFFAIRS OF NICARAGUA.
SAN JOSE, 6 DECEMBER 2004.
The Minister of Foreign Affairs and Worship
DM-566-04
Excellency:
1 have the honor of addressing Y our Excellency to acknowledge receipt and
reply to your Note MRE/DM-JI/1485111104 of 12 November 2004, in which
you refer to the Operating Manual published by the Ministry of Foreign
Relations and Worship of Costa Rica on the occasion of the 15th Latin
American Summit of Heads of State and Government.
In this respect, with the spirit of brotherhood which characterizes the
relations between Costa Rica and Nicaragua, this Ministry wishes to express
that indeed the international boundaries of Costa Rica with Nicaragua were
established in the Territorial Boundary Treaty signed between Costa Rica
and Nicaragua on 15 April 1858 (Jerez-Cafias Treaty), which was ratified by
the Cleveland Award of 22 March 1888. The sentence of the Central
American Court of Justice of 30 September 1916 does not define the
boundaries between both States, since they were established in the JerezCaftas
Treaty and subsequent!)' developed by the Alexander Awards.
1 take this opportunity to reiterate to Y our Excellency the assurances of my
highest consideration and esteem.
Excellency
Mr. Norman Caldera Cardenal
Minister of Foreign Affairs of the
Republic ofNicaragua.
181
(Signed)
Roberto Tovar Faja
(Seal:) Ministry of Foreign Affairs
San Jose, Costa Rica

ANNEX48
NOTE .FROM MR. MIGUEL A. LEON, PRESIDENT, DIRECTIVE
BOARD, AD ENA TO MR. .FRANCISCO .FIALLOS NA V ARRO,
AMBASSADOR O.F NICARAGUA TO COSTA RICA. SAN JOSÉ, 27
MAY2005.
Dr. Francisco Fiallos Navarro
Ambassador of Nicaragua
T o Costa Rica
Excellency,
Receive you warm and affectionate greetings of the Board of directors of the
Association ofNautical Sports of Costa Rica (ADENA).
As we have been organizing for severa! years, our sport association is
preparîng a traditional international nautical event in Costa Rican and
Nicaraguan pluvial routes, specifically on the Sarapiqui River in Costa Rica
and San Juan de Nicaragua River. It is a Rally or familiar nautical stroll of
low speed valid for the Nautical National Championship of Rallies
ADENA 2005. The event will be called "International Rally of the
Friendship Costa Rica- Nicaragua".
1 kindly request your assistance obtaining the authorization of the
Govemment of y our country through its different Ministries, specifically the
Immigration and Naturalization Service, the Army, the Ministry of Natural
Resources and any other you may consider appropriate. Likewise, were it
possible, and considering that this is a sporting event, we request that you
intercede on our behalf so we might be exempted from charges for visas
(Migration) and clearance certificate fees (Army).
The event will be carried out on Saturday 2 July of the current year, starting
from Puerto Viejo de Sarapiquî (Costa Rica) to the confluence with the San
Juan River (Trinidad de Nicaragua), continuing to San Juan del Norte,
Nicaragua (lacustrine complex of the Indio River) retuming, by the same
route, on Sunday 3 July.
The organization of the event is shared with the Administration of Hotel
River lndio Lodge where we will stay during 2 days and 1 night.
183
We use to bring sorne presents to the rural schools where we journeyed. In
this particular case, we will bring as gift sorne equipment to the school of
San Juan del Norte, Nicaragua.
Our commitment, as al ways, is the absolute guarantee of the respect of the
Laws ofyour country and the sites as National Parks and reserves, where we
ask the participants, the maximum cares as far as the conservation of the
environment. That includes that our boats fulfill the pollution regulations, in
force since 2006. We also guarantee the "non-pollution" of the waters of the
rivers and its contours. The participant boats, boats and water motors, are
sport style. Like in the past, we will take a list with the persona! information
of each participant and their assistants, as weil as the technical
characteristics of each boat for Migration requirements, MARENA and the
Army.
In name of our Association, my name, one as well as of the sport in general,
l thank you in advance for your kind help.
1 look forward to hearing form you.
I reiterate once again our most expressive gratitude for y our assistance.
With the assurances of my highest consideration and esteem, 1 remain
cordially yours
lng. Miguel A. Leon Soler
President Directive Board
c.c Sr. Minister ofForeign Affairs of Costa Rica
Sr. Minister ofHome Affairs of Costa Rica
Institute of Sport, Costa Rica (ICODER)
Costa Rican Motor Federation (FECOM)
Dr. Alfredo L6pez, Gerente Rio lndio Lodge
Files
184
L:l _.
ANNEX49
NOTE FROM MR. MIGUEL A. LEON, PRESIDENT, D.IRECTIVE
BOARD, ADENA TO MR. FRANCISCO FIALLOS, AMBASSADOR
OF NICARAGUA TO COSTA RICA, SAN JOSE, 8 JUNE 2005.
ADEN A
Asociaci6n de Deportes Nauticos de Costa Rica
Tel. 240-8775 Fax 240-6251
Emai 1: adena@deportes-nauticos. corn
San José, June 8, 2005
Dr. Francisco Fiallos Navarro
Ambassador of Nicaragua in Costa Rica
Hand delivered
Mr. Excellency,
1 cordially and affectionately greet you on behalf of the Board of Directors
of the Costa Rican Nautical Sports Association (ADENA).
Due to logistical reasons and negative results of our survey regarding
participation at the International Rally of Friendship between Costa Rica
and Nicaragua, the Board of Directors was forced to eliminate this event
scheduled for next Saturday, July 2 of this year. We thank you in advance
for the good offices that we requested from you before the different
authorities of y our country, informing y ou that they are no longer necessary
and kindly ask you accept our apologies for the time you dedicated to this
case.
To celebrate the Independence of Central America in the next month of
September of this year, we are planning a sirnilar event to the archipelago of
Solentiname in the Great Lake of Cocibolca, of course with the approval of
the Nicaraguan Government. We will seek to rnake it an international event
with the participation of colleagues from Nicaragua and, if possible, from
other countries of Central America. At the appropriate tirne, we will be
requesting again your invaluable assistance in the pertinent official
procedures.
1 reiterate once again our most expressive gratitude for your assistance.
185
With the assurances of my highest consideration and esteem, 1 remam
cordially yours,
(Signed)
Eng. Miguel A. Leon Soler
President, Board of Directors.
cc: Minister of Foreign Affairs of Costa Rica
Minister of Public Security of Costa Rica
Costa Rican Sports Institute (ICODER)
Costa Rican Motor Federation (FECOM).
186
'.t'
ANNEX50
NOTE FROM MR. NORMAN CALDERA MINISTER OF FOREIGN
AFF AIRS OF NICARAGUA, TO MR. BRUNO STAGNO, MINISTER
OF FOREIGN AFFAIRS AND WORSHIP OF COSTA RICA.
MANAGUA, 2 JUNE 2006.
MRE/DM/588/06/06
Excellency,
1 have the honor to address Y our Excellency in reference to the statements
made to the diverse media by Mr. Fernando Berrocal, Minister of Internai
Affairs, Police and Security ofyour illustrious Government.
In this respect, on the 261
h of this month, the news agency ACAN-EFE
reproduced the statements of the Minister conceming the creation, in a short
term, of a specialized policy force for the surveillance of the border with
Nicaragua and Panama, for which he expects to mobilize 300 policemen to
the zone in the next months, motivated by the fact that, when he received
that ministry on May 8 last, he found "a country with open borders".
ln particular, the Minister indicated that at the border with Nicaragua, where
12 police control posts currently exist according to that information, there
are plans to increase surveillance and control with 39 more posts.
Likewise, the news agency ACAN-EFE reported on Monday 29 of this
month and year that Minister Berrocal informed that "the reason to create
the border police is to fight drug-trafficking, migration and smuggling" and
that "we are simply forming a border police in the north (Nicaragua) ... "
In this regard, the Government of Nicaragua, respectful of the measures that
Costa Rica and other States adopt in relation to their own security, wishes to
put on the record -as expressed by Minister Berrocal- that no militarized
presence of the public forces of Costa Rica has existed in the border with
Nicaragua for several decades and, on the contrary, it has been a practically
non-existent presence, considering that no reasons exist to justify a measure
of this nature.
There have been public expressions at the highest level in relation to the
sensitive content of the new Migration Law of Costa Rica in the area of
187
human rights -qualified as "draconian" by President Oscar Arias himselfwhich
added to this increase in force where the migratory theme is one of its
purposes, forces my Government, as Y our Excellency will understand, to
maintain a position of great concern and vigilance.
Nicaragua is respectful of the security policies adopted by third States, but it
has the obl.igation to watch over and try to prevent -within a framework of
respect to the Sovereignty of other States- any violation to the fundamental
rights of Nicaraguan nationals, regardless of their migratory status. This
leads me to request to your illustrious Government the adoption of ali those
measures that could prevent an eventual violation of the rights of our
migrants, taking into account that, in the past - including the recent pastboth
Govemments have accompanied ·s~mihir concems of third States, such
as the Mexican case.
Likewise, 1 manifest toY our Excellency that the Govemment ofNicaragua,
in the spirit of good neighborliness and cordiality that govems bilateral
relations, wishes to make an express reserve of its position with respect to
this situation, especially as regards any eventual implication that could be
given in relation to the case presented by the Govemment of Costa Rica on
September 29, 2005, to the knowledge and decision of the International
Court of Justice.
1 take this opportunity to reiterate to Y our Excellency the assurance of my
highest and most distinguished consideration.
(Signed)
Norman Caldera Cardenal
Excellency
Bruno Stagno
[Seal:] MINISTRY OF FOREIGN AFF AIRS
Managua
REPUBLIC OF NICARAGUA
CENTRAL AMERICA
Minister of Foreign Affairs and Worship
Republic Of Costa Rica
Hand delivered.
188
ANNEXSl
NOTE FROM MRS. THAIS CHING ZAMORA, DIRECTOR,
HEALTH UNIT OF THE COSTA RICAN SOCIAL SECURITY
INSTITUTE TO MR. LEOPOLDO RAMIREZ, AMBASSADOR OF
NICARAGUA TO COSTA RICA. PUERTO VIEJO DE SARAPIQUI,
19 JUNE 2006.
COSTA RICAN SOCIAL SECURITY INSTITUTE HEALTHCARE UNIT
-PUERTO VIEJO DE SARAPIQUI CENTRAL NORTH REGION.
TELEPHONE: 766-63-07 FAX: 766-61-61
June 19; 2006
358-2006
Mr. Leopoldo Ramirez Eva
Arnbassador ofNicaragua
SAN JOSE, COSTA RlCA
RE: AUTHORIZA TION FROM THE GOVERNMENT OF NICARAGUA
TO NAVIGATE ON THE SAN JUAN RIVER TO PROVIDE
HEALTHCARE SERVICES TO THE COSTA RICAN BOUNDARY
COMMUNITIES
Dear Sir,
We hereby request authorization from the Government ofNicaragua so that
officiais from the Health Unit ofthe Costa Rican Social Security Institute at
Puerto Viejo de Sarapiquf may navigate the San Juan River to provide
healthcare services to the cornmunities ofTambor, San Antonio and Fatima.
A medical visit to each of these locations is scheduled every 22 days. The
Basic Integral Health Services Team (EBAIS) is made up of a physician, a
nursing assistant, a pharmaceutical technician, a prirnary healthcare
technical assistant and an office clerk (5 persons).
The transportation service to be used by the institution is: J&L Transportes
Acmiticos S.A., Legal ldentity Card 3-101-345313.
Narne of boat "Furia L"
189
Owner
714
License
Fuel
Overboard
Engine
Length
Prop
Bearn
Power
Series
Mode!
Registration record
DATE 07 05 2001
Movements Records
Fi ag
Mr. Jorge Lao Jarquin, identity card 4-102-
2116
Gasoline
hp
Yamaha
5-50
0.70
2.05
100 HP
308G31
FlOOAEPL
TOME 0009, ENTRY 407068SEC; 003,
TOME: 0013, ENTRY 101692SEC002
Costa Rican
Due to the nature of our objective, we request that the issuance of a 6-month
permit be considered.
Having no other matters of reference, we remain
PUERTO VIEJO DE SARAPIQUI HEAL TH AREA
/si lllegible
Dr. Thais Ching Zamora
DIRECTOR
[Seal:] PUERTO VIEJO SARAPIQUI
cc: Or. Amalia Carvajal Alvarado, Central North Regional Director
HEAL TH UNIT.
File
MANAGEMENT SOCIAL SECURITY COSTA RICA
190
ANNEX 52
NOTE FROM MR. RODRIGO ZAMORA, COMUNIDAD DE
ALIANZA CRISTIANA Y MISIONERA DE HORQUETAS, TO MR.
LEOPOLDO RAMIREZ, AMBASSADOR OF NICARAGUA TO
COSTA RICA. HORQUETAS DE SARAPIQUI, 30 JUNE 2006.
1 Comunidad Alianza Cristiana y Misionera de Horquetas
Horquetas de Sarapiqui, June 30, 2006
Messrs.
Embassy ofNicaragua
Hand delivered
To the attention ofMr. Leopoldo Ramirez E.
Dear Sirs,
We affectionately greet you and thank God for the functions that are
carried out in y our distinguished Embassy, strengthening the ti es of
friendship and brotherhood between your country and ours.
Our organization "Comunidad Alianza Cristiana y Misionera" is
located at Horquetas de Sarapiqui and we are interested in carrying out
missionary work that includes social assistance in the schools of Tambor
and Remolinito and we have scheduled a trip for 7 July 2006. Since we must
navigate a short distance that corresponds to the San Juan River, we request
permission from y ou to make this journey because we want to ab ide by your
strict regulations in said zone.
We do not have set dates for our subsequent journeys, but we would
like to have permission to navigate that short distance and we ask for a
waiver on charges inasmuch as the purposes for making use of that stretch
are of social interest and the aforesaid communities have few resources.
191
We would like to count with your broad understanding and good will
that will be rewarded by God. Thanking you in advance for your attention,
we remain
Truly yours,
192
/s/ Illegible
Rodrigo Zamora
PASTOR
Identity Card # 1-900-192
. '
ANNEXS3
NOTE FROM MR. LEOPOLDO RAMIREZ, AMBASSADOR OF
NICARAGUA TO COSTA RICA TO MRS. THAIS CHING
ZAMORA. SAN JOSÉ, 6 JUL Y 2006.
Embassy ofNicaragua
San Jose July 6, 2006
ENCR/NFEIEMC/0 1-2006
Doctor
Thaïs Ching Zamora
Director
Puerto Viejo de Sarapiqui Health Area
Costa Rican Social Security lnstitute
Central North Region
Dear Dr. Ching,
1 have the pleasure to refer to your kind Note No. 358-2006 of June 19,
2006, received on 06/20/2006, in which you request "AUTHORIZATION
FROM THE GOVERNMENT OF NICARAGUA TO NA VIGATE THE
SAN JUAN RIVER TO PROVIDE HEAL THCARE SERVICES TO THE
COMMUNITIES OF TAMBOR, SAN ANTONIO AND FÂTIMA". In this
respect, upon consulting the Ministry of Foreign Affairs of Nicaragua, a
special authorization is hereby issued to navigate the San Juan de Nicaragua
River for the stated purposes, which may not be used for any purpose or
places other than those indicated or in breach of Nicaragua's full
Sovereignty over the San Juan River.
This permit will remain valid for three months and may be renewed, upon
prior official request from the Costa Rican Social Security Institute to this
Embassy for its respective processing with the central govemment of the
Republic of Nicaragua.
This permit is a gesture of friendship, good neighborhood and courtesy of
good faith that may not be used in any other form or with the intent to harm.
193
Having no other matters of reference, 1 remain.
Sincerely yours,
(Signed)
Leopoldo Ramirez Eva
Ambassador
194
- -l
ANN.EX54
NOTE FROM MR. LEOPOLDO RAMIREZ, AMBASSADOR OF
NICARAGUA TO COSTA RICA TO MR. RODRIGO ZAMORA,
COMUNIDAD DE ALIANZA CRISTIANA Y MISIONERA DE
HORQUETAS. SAN JOSÉ, 6 JULY 2006.
Embassy of Nicaragua
San Jose July 6, 2006
ENCR/NFEIEMC/02-2006
Mr Rodrigo Zamora
Bishop
Comunidad Alianza Cristiana y Misionera de Horquetas
Horquetas, Sarapiquf
Costa Rica
Dear Bishop,
1 have the pleasure to refer to your kind letter dated June 30, 2006, received
on 07/06/2006, in which you request "AUTHORIZATION FROM THE
GOVERNMENT OF NICARAGUA TO NA VI GATE ON THE SAN
JUAN RIVER IN ORDER TO ACCOMPLIANCE HUMANITARIAN
MISSION WHICH INCLUDE SOCIAL ASSISTANCE IN TAMBOR
AND REMOLINITO'S SCHOOLS". In this respect, upon consulting the
Ministry of Foreign Affalrs of Nicaragua, a special authorization is hereby
issued to navigate the San Juan de Nicaragua River for the stated purposes,
which may not be used for any purpose or places other than those indicated
or in breach ofNicaragua's full Sovereignty over the San Juan River.
This permit is a gesture of friendship, good neighborhood and courtesy of
good faith that may not be used in any other form or with the intent to harm
Nicaragua in any manner or circumstance.
This authorization to navigate is valid for 07 July 2006.
Having no other matters of reference, 1 remain.
Sincerely yours,
(Signed)
Leopoldo Ramirez Eva
Ambassador
195

' .
ANEX055
DECREE OF THE CENTRAi.. AMERICAN FEDERAL CONGRESS,
APPROVING THE ANNEXA TION OF NICOYA TO COSTA RICA. 9
DECEMBER 1825.
"The Federal Congress of the Republic of Central America,
considering the reiterated petitions of the authorities and municipal bodies
of the peoples of the Party of Nicoya, in that it be segregated from the State
of Nicaragua and added to that of Costa Rica: the de facto union by the
same peoples to said State of Costa Rica at the time of the commotions in
Nicaragua; and the local situation of the Party itself, has decided to decree
and declare:
ART. 1. For the time being, and until the demarcation of the territory
of the States is carried out as prescribed in Art. 7 of the Constitution, the
Party of Nicoya will continue separated from the State of Nicaragua and
annexed to that of Costa Rica.
ART. 2. Consequently, said Party will recognize the authorities of
Costa Rica, and will have in its Legislature the representation that
corresponds.
ART. 3. This decree will be communicated to the Assemblies of
Nicaragua and Costa Rica. Pass to the Senate. lssued at Guatemala on the
nin th of December of 182 5.
197

~. \
ANNÈX56
DECREE REVOKING THE RIGHTS AND PRIVILEGES GRANTED
TO THE AMERICAN ATLANTIC AND PACIFIC SHIP CANAL
AND THE ACCESSORY TRANSIT COMPANY. GRANADA, 18
FEBRUARY 1856.
WHEREAS, the Republic of Nicaragua, on the 22nd day of September
1849, granted to the American Atlantic and Pacifie Ship Canal Company,
certain rights and privileges, which said rights and privileges were
subsequently modified, by decree ofthe llth day of April1850; and
WHEREAS, in consideration of said rights and privileges, said Company
agreed to construct a Ship Canal across the territory of the Republic from
the port of San Juan de Nicaragua, or any more feasible point on the
Atlantic to the port of Realejo, Gulf of Fonseca, Tamarinda, San Juan del
Sur, or any point on the Pacifie Ocean, which the Engineers of the Company
might decide upon; or in case that the construction, and completion of said
Canal or any part of it, should become impossible, by any unforeseen want,
or insurmountable obstacle of nature, to construct a railroad, or rail and
carriage road and water communication between the two oceans: and
WHEREAS, the said American Atlantic and Pacifie Ship Canal Company,
have not constructed the said Canal nor commenced the same, but on the
contrary have abandoned the undertaking, and declared it impracticable and
have also failed to construct a railroad or rail and carriage road, as they
agreed to do: and
WHEREAS, the said American Atlantic and Pacifie Ship Canal Company
was bound by the terms of said Charter- to pa y the Republic of Nicaragua,
ten thousand dollars annually, and ten per cent on the nett profits of any
route the Company might establish between the two oceans, during the term
allotted for the completion of the Canal, and in furtherance thereof, and
WHEREAS, the said American Atlantic and Pacifie Ship Canal Company
have failed to pay annually said ten thousand dollars, together with the ten
per cent nett profits, falsely and fraudulently alleging that no profits were
made, and no commission due; and
WHEREAS, by the said Charter it was stipulated that for the purpose of
settling ali matters in dispute between the State and the Company,
199
Commissioners should be appointed by the State on the one part and the
Company on the other; and
WHEREAS, on the 12th day of November, 1855, the Republic of
Nicaragua, notified the said Company to appoint commissioners, under the
Charter, and the said Company expressly refused the same; and
WHEREAS, by the decree of the 9th day of March 1850, the said Company
was made a body politic and corporate, with perpetuai succession, by the
name & description of "The American Atlantic and Pacifie Ship Canal
Company "; and
WHEREAS, on the 14th day of August 1851, the Republic of Nicaragua
with the sole object of facilitating the maritime canal, and in accordance
with the desires expressed by the company of said canal, to divide and
separate from the contract of the 22nd September 1849, the part therein
relating to the navigation by steam of the waters of Nicaragua, did constitute
a new company, designated by the name of "Accessory Transit Company "
and consisting of the same persons comprising the American Atlantic and
Pacifie Ship Canal Company, and subject to the same obligations. Now
therefore, the Supreme Provisional Government of Nicaragua in vîrtue of its
faculties,
DECREES:
1. The grant to the American Atlantic and Pacifie Ship Canal Company of
date 22nd September 1849 and the modification thereof made 11 th April
1850, and ali the privileges therein contained are revoked and annulled. The
acts of incorporation of date 9th day of March 1850, and of the Accessory
Transit Company of date !4th day of August 1851, are annulled: and the
said Ameriean Atlantic and Pacifie Ship Canal Company and Accessory
Transit Company, are dissolved and abolished except for the purposes
hereinafter mentioned.
2. Sr. Don Cleto Mayorga, Sr. Don Edward J. C. Kewen and Sr. Don
George F. Alden, (any two of whom may act) are hereby appointed a board
of commissioners with full powers to examine, liquidate, and ascertain the
amount due by the Ameriean Atlantic and Pacifie Ship Canal Company, and
Accessory Transit Company to the State, with full powers to send for
persons and papers, and to enforce respect and obedience to ali their orders
and decrees.
200
••.• ·~ ' 1 :; •
3. The said board shall proceed at ohëe to discharge their duties and for this
purpose shall notify the agents of the companies, residing in Nicaragua, to
appear before them forthwith, to give aU evidence that may be required of
them, and with the privilege to defend the interests oftheir principals.
4. The said companies shall be considered as still in existence, for the
purpose of conducting this examination and for the purpose of being held
collectively responsible for such sum as may be ascertained to be due to the
State, but for no other.
5. For the purpose of securing the payment of such amount the said board
find due, they are hereby commanded to cause ali the property of said
company to be seized forthwith, and held by responsible persans subject to
the order of said board.
6. That the transit of passengers across the lsthmus may suffer no
interruption, the board are authorized to deliver to such responsible persans
as may make application, ali of said property so seized, upon their executing
a bond in a sum one fourth greater than its appraised value, and with the
condition that the same shall be forthcoming when called for by the said
board, and that the undertakers in the bond shall continue to transport the
passengers who may arrive on the side of the Pacifie and Atlantic oceans
and the expenses of transporting sa id passengers shall be charged against the
said companies.
7. Before allowing the said property to be bonded the board shall cause the
same to be fairly appraised by three competent persons appointed for the
purpose.
8. The board shall proceed summarily and with dispatch. And on
determining the amount due from the companies to the State, shall report
their proceedings immediately to the Government.
9. The corporation of the board of commissioners as weil as of the
appraisers by them appointed, will be hereafter determined.
1 O. Let this be communicated to the proper authorities.
[Signed]
PATRJCIO RIVAS
201

ANNEX57
DECREE NO. 139. NICARAGUA ACCEPTS THE WAR
DECLARED BY COSTA RICA. MANAGUA, 19 OCTOBER 1857.
Decree No. 139 in which this Government accepts
The war made against it by that of Costa Rica
The Supreme Government of the Republic of Nicaragua to its
inhabitants.
Considering that the deference of the Government of the Republic
bas not sufficed to contain the abjects of Costa Rica and the hostile
operations that it has executed to effect the expropriation of the San Juan
river, Lake [ ... ], isthmus between San Juan del [ ... ] Virgen, so that the
entire transit line remains under its power.
Bearing in mind that on August 5 the Minister of Foreign Affairs
rejected the cession made by the Government of Nicaragua of the district of
Guanacaste and of the right bank of the San Juan River, from a point two
miles below Castillo Viejo to Punta de Castilla:
Having the Captain of the San Carlos steamer, Mr. Cauty, ordered
the blockade of the Fart of San Carlos and the surrender of the public force
in charge of its custody, aU und er the orders of the Commander General of
the Republic of Costa Rica, as evidenced by the note that said Captain
addressed to the Commander of that fortification, of which a printed copy is
attached hereto, has agreed to declare and
DECREES:
Art. 1 . Nicaragua accepts the war declared by the Government of Costa Rica
and will vindicate its rights which have been deliberately violated by the
conduct of that Government.
Art.2. The Republic of Nicaragua will protect and preserve its rights along
the entire transit route, from San Juan del Norte, through the river and lake,
to San Juan del Sur, as weil as the rights it has in the district of Guanacaste,
including its lands, forests and rivers.
203
Art.3. The necessary force will be organized to execute the provisions of
this decree.
Art. 4. N otify the res pee ti ve parties. Do ne in Managua, Octo ber 19, 1 85 7.
Tomas Martinez. Maximo Jerez.
204
.DECREE OR.DERING THE COMMANDERS OF .PORTS AND
.PERFECTS OF THE FRONTIERS OF NICARAGUA NOT TO
.PERMIT ANY FOREIGN PERSON TOGO INTO THE INTERIOR
OF THE COUNTRY, UNLESS .PRESENTING A .PASS.PORT ISSUED
BY THE RESPECTIVE MINISTERS OR CONSULS AT THE PORTS
OR .PLACES OF THEIR DKPARTURE. NICARAGUA, 11
SEPTEMBRE 1862.
PR.ESIDENT-~OF T.HE UNITE:D~ STAT.E:S • ·-"···"·"':·'·,.::.·- ••• ...-.. - • :·.·.· 1<
"Y A B-R: X ~·G·T O;N.l
.fl\O•V"B'a:NM: 0.1""":1" :PDI i:'CTI~;,o .. :ruiolll't «Hl~~
' . . . . ··1i8i~,~t~ . " ... ,. ··'· ..
205
NATIONAL P.Ul.AO~
~~è!Rl~~~ Bepûmhtr U, 1861.
l!r. ~(uonsa t Tite· proeldoeu ollbo . . 'c lD .ha inlll.lbiltu~: Ckm!id"
·~.ng. lhe ntet!tltr of ~uUin~ tho ·~~p~b!i! on. !t~ _~M tl. n;'D-... iJlit. dt.e .i 11~o. nv"'
:meneH!a ~:nul dcmgeri wJdeh .Lfi nllttmf.'-J nnd CIII>ealaDJ HftGCr .~t ClfCUm·
.amnooa, ID!lf bn,ppen to. il from en1lgmtlon frof!l abrood widiotlt lite ~liÛOIII
wllicb Bro obacrvid ~)' chiU1oo nations in slmlln.t Cfi.Sl\\ io the • (lr Ilia umv
Ordioary powers in dte dffpt\l1in~i. o~ poUce d<1~1 . . _
ART. '· l!'rom nod.. AÎMr Ille flat or No\"èmbér üUl the eont~wuL;n, nr
pom âlld p~ecu of tbo l'ràndn of .. i~ · •lwll not pcmit rny foreitgn
~u who hlvo no11llll\~Ottaly 1ettled in tlt~ ttpublic to go into Uto hncrior.
ulla IÂtlY proetnt. a P'JlBport. trom tho rtrl*dl'C minirtczt or conaul6 .theroof
at. th. po~. ~·.Jlll~ of lbei,r dc~m. in .whieh .. ~l»fl~ is ·to oo giv_en ~e
nrunc smd etmlllmn of dlapnno!\ m wbooofn.nr ttoe wuod, hia prof~.wion or
tmde. the J)tli'JIOM Cor "thieb ibcy·~ooe~and ~hclr nfltlonaliLy, thB signature tt'
the ntini~t«r or eooaw and tite le!ll of lltc :rcJiubUc.. . . . . _.
ARt. 2. The minbwn er oouet~l 0:f tbu_ NJpub1ièt ia. laülbg thOl~. pu~-.
JlaHij wm ohulm t.bl oollowing ruiCB 1 ht. The ~tb or Nie!nlgua wttb MlJ
rutUonl~tiUld ~lp"rom\1 priVÜC~ill to lh~roepoetive M!bJ.cttl oreldz(lloe •... 2d. Tbat
th6f who aohei'l, tbe llmlJOft, mt,no$ (li&çfuu~ cnmmah, ond d~at: lfth~y htl,Yé
119 mon~y they ure no~ on Ibo, ct bor b&rul. lJcggnN. ôr ii~ of mppléd .~»1.
·.~llt.• eomo to Je!. y o.n ·publie cwi~y, nnd th& ntilh~.~ &bey rtemJdlholt.. p~
ftWD or tm~t~, vagabonds, cr t~Ot~ btully pnwidcd. lor. ad. 'J:I~l)& bcl'.Mr
are thêy r~l nogrooe vr albcr dcg~d ÇMte· of l>OOJ»lè, \Ullcn Lboy have a
206
~- ' -' .... } • ' 1 • ,f· '~ '
'i:.l
J.mro.U. ~<m OF THB . PBUV>ENT. 90i
1 •
IP!X~.Jlflft'Dâe!L'lln iu thema~M or on otaou:nt of otheoe ·*o go tnto ·tho in~.
4tlt. 'fMt. in, t.ni!D ,of oomillg "'-~ _ll au~ tc eol:Oni~ éhey ~mue:t J~a'l~&'ml&-lllon
from Ut0 g<Jvemmel,t,, ~mtUied. by t11e ·~l~utlH;m, ana mtmL iin rtcrwl&e· ·bi utuler
clic proteet.lon ·&f an~t1'her· elit. . . .. . . . _
.ARif. 3~ ln trdl!l' ~mt . . !Weroe m1 r- the ko"'toop of all penoa1 ~
WM mq oo b~~in ~ thn m. iD~Ioon ot.1a.is tÇll~lie at, fortlp ccwu,.to
wfwn it dl: boe ~iatel oemmantmtecl, 1J.uill .llllllul1t kllOWil: to tbos01 oF ,th.!)
=~a~:~ ro la: ·O.f::~: ~:!t~:o~~X1a~~&~J;;~Le':':PI,C
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AI.T~ d. Wlih • ~ . r. ·rh.l Jiit Gt wr ~ i\brOOa ua or dtue wu .Jm.l be oowl . . C. he ~mm~ co tH (.'limnmrtdcm of our
·~ and, llO . tlw rrolltlem., . . .
Al:t'. & Amllri~ llnd SpmWI A:m•bne; ®J.t' Will be fM!mlt400.
li».KO lo lbc mblriw on a pni!IJOrl tF ilul! ~'o pt:rt or hutter: a.~.nbori~nï~,
wbid1 wm. oe u.t M thil :&nin~ fbtm iifld UÛi!t rWel!i l!l!md 2d. ·Of IUt. t.
. A:o~ •. ~t N,otwiîlmtandmv: atl üs& iJ Lnn'!inWorn proviiJ~, .1~11~~\f ~o. p
~~,~~ -·~~o ~lallinor~4lf ~~c _tom~~. ~f ,tlao· ropnb~t0 by cwaMog tiro forog~nng ,p~
VliiiiDim Ill' bx :pm:cttt.IDg •lec-eptll)l) il• to tbeur placa o~ dtpan1ut. Mtl<Jm~·
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out o tht'; «*lh'Jlra' thelr ~ . ~- âld . t~ ~t~et p~au!~ to~ wtr~eh th~1r
•~ts my MVl) pen r~.e; to wbkb intentlhO:llutbilritioe of lht fraalim who
mm y ;tw ,oe iuuo po.upom •illllUlkc 11 ,lie,t.mttmg ilowo. tbo cirou•nittAilG:ei 1hnt
the pw~ (),U,Ifbl, to conmm; .-Lidt us.t they •·Hitffmsml~t et tho flmt. op,r~tt1U)
Ifcy tt ~li' mfoll!~ or' tlir; mtlrttir, and sai~ :mrlli~~ wnt, ea~oe i~ ~· be IJ"b"
&btd in .tM ~iciAlllltwtp4:per. t\r ibo knowi~;go .qf llio lo~ mnhonu~., \
Afi!•7· W:~o1• the tmm~l .fro~ .. Ot~.e ooonn to 011~\bcr oe !Jllm; nothmg d
wbllt il hemmOO!oro · ..• a~Mn irLclln~~ ~um~C~, bnl.: ·anlr ·~om t~•nl :!;!if.O::. '"'! :;; :;ç;m:;~.~~~e~=~~ ~m==
them a . _y Jl tl1~ t.~uuo ·~web · ~~·hklh. brou;bi thm.
Gi,ven o.L; Mm~ on t.he: Ullt mf Scpmbc:r~ 186:2.
. . 'J~Jl(JM'AS IL\l~TINE~
.r.\IIÙ, lcommnnÎe&lCi :it . to JOUI a;nttliJmC.f fiJ.f ,.., ~Wp Oti for fuJnJ'~
~~ ll.G fllt as ;pit ue.ellaney !is cOneèftled, tbê lw110r b(6IImg .me Of ifù'*fib..
il~; lltya€!lf 7•nr uoelhmet:ll· obcdium. Mmmt.
. PEDI.O ZELEDON.
IIi~; Exf'ellene.y &r~1or Do1f Lutê Hou~a,
MiRh~r PlMj~ltMJ tf M~~ ~ .. fi:.; P•
207
1 ___
ANNEX59
PRESIDENTIAL DECREE 527, CREATING THE SOLENTINAME
ARCHIPELAGO NATIONAL MONUMENT. GAZETTE NO. 78. 23
APRIL 1990.
CREATION OF PROTECTED NA TURAL AREAS IN SOUTHEAST
NICARAGUA
Decree No. 527 of April 17, 1990
Published in Gazette No. 78 of 23 April 1990
THE PRESIDENT OF THE REPUBLIC OF NICARAGUA
In exercising the powers vested upon him,
Whereas:
1
Pursuant to article 60, Chapter III, of the Political Constitution of
Nicaragua, it is a duty of the Revolutionary Government and a right of
Nicaraguans the preservation of the environment, protection and proper
exploitation of our natural resources and those sites and territories that
constitute important or unique elements of the natural patrimony of the
country, for the purpose of promoting and regulating its rational use,
pursuing a sustainable development mode! that contributes to better living
standards of our people, scientific research, education, production,
recreation and peace.
II
A group of areas exist in the natural ecosystems of southeast Nicaragua with
different categories of management and use and a variety of resources of
important ecological, economie and scientific value that should be
protected.
III
Natural resources and tropical humid forests, for wanting of knowledge
209
regarding theîr biological, economie and scientific importance, historically
have been subject to continuous deterioration, wherefore it is necessary to
develop actions to manage and protect the few reserves that exist on the
planet.
IV
The purpose is to harmonize the socioeconomic development of Nicaragua,
particularly in southeast Nicaragua, with the conservation and rational use
of the natural resources contained in this part of the national territory, with
the objective of contributing to a socially just and environmentally healthy
mode!.
v
The IRENA Organic Law and the Law for the Creation of National Park
Services in force empower and regulate the creation and management of
Protected Natural Areas, such as national parks, national monuments,
refuges and reserves.
DECREES:
CREATION OF PROTECTED NA TURAL AREAS IN SOUTHEAST
NICARAGUA
Article 1. The Southeast Protected Natural Areas are hereby created, with an
unalienable character, located and C:omprised within the boundaries
described below:
a) Solentiname National Monument in the area occupied by the Solentiname
Archipelago, considered as a special area for environmental management
and recovery given its natural, historical and cultural importance.
The are a has a territorial extension of 189.3 square kilometres. It is located
in the southeast corner of the Great Lake of Nicaragua. The description of
this boundary comprises approximately one kilometre of waters adjacent to
the Archipelago, beginning at a point located at 1241.2 North latitude,
continuing east 12.4 kilometres to a point located at 122 West longitude and
1241.2 North latitude, continuing 18.2 kilometres southeast to a point
Jocated at 733 West longitude and 1225.4 North latitude, turning four
kilometres southeast up to a point loca:ted at 730 West longitude and 1224
North latitude, continuing Il kilometres northeast up to a point located at
722.8 West longitude and 123 2.2 North latitude, continuing 13.2 kilometres
210
.. tl;'· ~ ··~ 1 ·~ 1 1
t •• :
"
(il:h
west up to a point located at 709.6 West longitude and 1232.4 North
latitude, continuing 8.8 kilometres north to the starting point of this
description.
b) The area of Los Guatuzos Wildlife Refuge in the wetlands of Lake
Nicaragua is a nesting, breeding and protection zone for a large variety of
flora and fauna species, as well as for scientific research, and involves sorne
controlled hurnan activity.
The area covers approximately 437.5 square kilometres. This description
begins at the mouth of the Pizote River in Lake Cocibolca at 609 West
longitude and 1227.4 North latitude. This boundary runs east over the
lakeshore up to the town of San Carlos at the origin of the San Juan River,
thence continues downstream the San Juan River up to its confluence with
the Medio Queso River, following the course of this river up to the
boundary line at 7.55 West longitude and 1225 North latitude, thence
continues over the boundary line, passing markers number 12 and 13, up to
the point where the Pizote River crosses the border between Nicaragua and
Costa Rica at 609 West longitude and 1221.4 North la ti tude, thence
proceeds north along the course of the river up to the starting point of this
description.
c) The Historical Monument "Fortaleza de la Inrnaculada" is an area of great
historical and tourism importance. It has a territorial extension of
approximately 37.5 square kilometres. The description of this boundary
begins at marker number 6 of the border between Nicaragua and Costa Rica
at 778 West longitude and 1212 North latitude, from where i t proceeds
downstream the Poco Sol River up to its mouth in the San Juan River,
thence proceeds downstream the course of the latter up to marker number 2
of the aforementioned border at 188 West longitude and 1217 North
latitude, thence proceeds southwest over the border, passing markers
number 3, 4 and 5, up to marker number 6, the starting point of this
description.
d) The San Juan River-lndio-Maiz Great Biological Reserve, covering
approximately 2,950 square kilometres, is an area of great national and
international importance given that it contains one of the few reserves in the
planet of virginal tropical humid forests of great interest for the scientific
community.
It comprises forest areas, the boundaries of which begin at the mouth of the
Bartola River in the San Juan River at 791 West longitude and 1214 North
latitude, continuing upstream the Bartola River up to its origin north of
211
Cerro El Diablo at 805 West longitude and 1223 North latitude, continuing
along the water parting that di vides the basins of the Indio River with that of
Bartola and San Cruz, passing by Cerro Romer6n at a point located at 797
West longitude and 1229 North latitude until it reaches an altitude at 804
West longitude and 1243 North latitude. The boundary turns northeast over
the water parting that di vides the basins of the Mafz and Agua Zarca ri vers,
passi ng an altitude at 813 West longitude and 12 54 North latitude up to
Cerro Chiripa at 819 West longitude and 1253 North latitude, thence
continues north, always over the waters parting the basins to an altitude
located at 818 West longitude and 1260 North latitude.
Thence the boundary turns northeast over the waters parting the basins of
the Mafz and Pijibaye rivers up to an elevation of 237 meters at 181 West
longitude and 1265 North latitude. The boundary continues northeast in a
straight line up to the mouth of Cano Hondo in the Atlantic Ocean at a point
located at 192 West longitude and 1267. North latitude.
( ... )
Article 5. IRENA is authorized to draft the preliminary regulations of this
law and to submit them to the President. !Jfthe Republic for approval.
Article 6. This Law shall take effect on the date of its publication in any
mass media, without prejudice to its subsequent publication in the official
bulletin "La Gaceta". ·
Do ne at Managua City on the sixteenth of April of nineteen ninety, "Year of
Peace and Reconstruction", Daniel Ortega Saavedra, President of the
Republic.
212
. ' '$
DECREE 28-94 DECLARING NICARAGUAS' SOUTHEAST
REGION A SUSTAINABLE DEVELOPMENT TERRITORY. 8 JUNE
1994.
DECLARATION OF THE SOUTHEAST REGION OF NICARAGUA AS
"SUSTAINABLE DEVELOPMENT TERRITORY"
DECREE No. 28-94 passed on 4 June 1994
Published in Gazette No. 106 of 8 June 1994
THE PRESIDENT OF THE REPUBLIC OF NICARAGUA
WHEREAS
SOLE
The conservation of the environment and protection and rational use of
natural resources and those areas of the national territory that constitute
natural ecosystems is a fundamental interest of the Government in the
pursuit of a sustainable development mode!.
THEREFORE
ln exercising the powers conferred upon him by the Political Constitution,
HAS ISSUED
The following Decree:
DECLARATION OF THE SOUTHEAST REGION OF NICARAGUA
AS "SUSTAINABLE DEVELOPMENT TERRITORY"
Article 1. The Southeast Region of Nicaragua is hereby declared a
Sustainable Development Territory for rational use of natural resources,
213
conservation of the environment, biodiversity and development based on the
capacity of use of the soil and in particular ecotourism.
Article 2. The Inter-institutional Agreement adopted by the Nicaraguan
Agrarian Reform Institute, the Ministry of Agriculture and Livestock and
the Nicaraguan Institute of Natural Resources and the Environment on 29
June 1991, relative to the agro-ecological zoning of the southeast region for
sustainable agricultural development, forestry exploitation and recovery and
conservation of the Indio-Mafz Biological Reserve and other protected areas
of the territorial system of the southeast region ofNicaragua.
( ... )
Article 7. This Decree shall enter into force on the date of its publication in
any mass media, without prejudice to its subsequent publication in the
official gazette. Publish in the Official Gazette.
Done at Managua City, Presidential House, on the fourth ofMay ofnineteen
ninety-four, on the Week of the Environment. VIOLET A BARRIOS DE
CHAMORRO, PRESIDENT OF THE REPUBLIC OF NICARAGUA.
214
r~ , j, f :: di\ \;, • ! . 1 ~ •• ~
~ i
DECREE 66-99, UPDA TING AND DEFINING THE CATEGORIES
AND LIMITS OF PROTECTED AREAS LOCATED IN
NICARAGUA'S SOUTHEAST TERRITORY. 31 MAY 1999.
DECREE No. 666 99 passed on 31 May 1999.
Published in the Gazette, Official Bulletin No. 116 of 18 June 1999.
THE PRESIDENT OF THE REPUBLIC OF NICARAGUA,
WHEREAS
The General Law on the Environment and Natural Resources and
regulations thereof, the Law on the Organization, Competence and
Procedures of the Executive Branch and Regulations on Protected Areas
being in force, which constitute the framework of the Integrated System of
Protected Areas for Peace (SIAPAZ), it is convenient to adjust existing
regulations on protected areas in the southeast territory of Nicaragua to said
legal instruments.
II
Article 154 of the General Law on the Environment and Natural Resources
confers powers to the Ministry of the Environment and Natural Resources to
update and delineate the boundaries and categories of the National System
of Protected Areas, and Article 98 of the Regulations on Protected Areas
provides that said adjustments shaH be made by decree.
THEREFORE
In exercising the powers conferred by the Political Constitution of the
Republic of Nicaragua,
215
HAS ISSUED
The following Decree:
UPDA TE AND PRECISION OF CATEGORIES AND BOUNDARIES OF
PROTECTED AREAS LOCA TED IN THE SOUTHEAST TERRI TOR Y
OF NICARAGUA
Article 1. PURPOSE. The purpose of this Decree is to update and delineate
the categories and boundaries of Protected Areas located in the southeast
territory of Nicaragua pursuant to the General Law on the Environment and
Natural Resources No. 217, published in Official Gazette No. 105 of 6 June
1996, and Decree No. 14-99 regarding Regulations on Protected Areas of
Nicaragua, published in Official Gazettes No. 42 and 43 of March 2 and 3,
1999, respectively. ·
Article 2. CATEGORIES OF PROTECTED. AREAS. Pursuant to articles
20, numeral 7) and 154 of the General Law on the Environment and Natural
Resources 217, and articles 8, numeral 7), 98 and 99, respectively, of
Decree No. 1499 regarding Regulations on Protected Areas, the following
categories of Protected Areas in the southeast territory of Nicaragua are
updated and delineated:
1. "Los Guatuzos" Wildlife Refuge to "Los Guatuzos" Wildlife Refuge
areas;
2. "Solentiname Archipelago" National Monument to "Solentiname"
National Monument;
3. Historical Monument "Fortaleza de la Inmaculada Concepci6n de Maria"
to Historical Monument "Fortaleza Inmaculada" area;
4. "Cerro Silva" Natural Reserve to "Cerro Silva" Natural Protected Areas
ofNational Interest;
5. "Indic Maiz" Biological Reserve to the part of the San Juan River-Indio
Mafz Great Biological Reserve that possesses said category;
6. "Punta Gerda" Natural Reserve to the part of the San Juan River-Indic
Mafz Great Biological Reserve that possesses said category; and
216
'' ' ..
7. "San Juan River" Wildlife Refuge tô the part of the San Juan River-Indio
Mafz Great Biological Reserve that possesses said category.
'. 1
1 l
Article 3. BOUNDARIES OF PROTECTED AREAS LOCATED IN THE
SOUTHEAST TERRITORY OF NICARAGUA. .For ali pm-poses, the
following Protected Areas are updated and delineated:
1. "Los Guatuzos" Wildlife Refuge This refuge comprises sorne marshes or
wetlands of Lake Nicaragua. Since it is a nesting, breeding and protection
zone for a great variety of flora and fauna, it is suitable for scientific
research and involves certain controlled human activity. lt has a territorial
extension of 437.5 square kilometres and it is located within the following
metes and bounds:
The boundary begins at the mouth of the Pizote River in Lake Cocibolca at
UTM coordinates 122 6670 N, 697 900 E. It continues along the lakeshore,
in direction to the east, up to the town of San Carlos, where it flows into the
lake and gives origin to the San Juan River up to its confluence with the
Medio Queso River. It continues upstream along the course of this river
until it reaches the border at the point of intersection located at 1225000 N
(northing) 755000 E (easting). It continues along the border line, passing
mark ers 12 and 13, un til it reaches the intersection of the Pizote Ri ver wi th
the border between Nicaragua and Costa Rica at 1221400 N, 699000 E,
continuing north downstream the course of the river up to the starting point
of this description.
2. ''Solentiname Archipelago" National Monument. Located in Lake
Nicaragua, it is a special area of environrnental management and recovery
given its natural, historical and cultural importance. It has a territorial
extension of 189.3 square kilometres, and it is located within the following
metes and bounds:
The area is located at the southeast corner of Lake Nicaragua. The
description of this boundary comprises approximately 1 kilometre of waters
adjacent to the Archipelago. The boundary begins at UTM coordinates
1241000 N, 722000 E, thence proceeds southeast to a point located at
1225 000 N, 7 3 3 000 E, thence proceeds southwest to a point located at
1224000 N, 730000 E, thence runs northwest to a point located at 1232000
N, 722000 E, thence continues west to a point located at 1232000 N,
710000 E, thence proceeds north to a point located at 1242000 N, 710000 E,
and thence continues east to a point located at 1241000 N, 722000 E, the
starting point of this description.
217
3. Historical Monument "Fortaleza de la Inmaculada Concepci6n de Marîa"
has a territorial extension of 37.5 square kilometres, and it is located and
comprised within the following metes and bounds:
The boundary begins at Marker No. 6 on the border between Nicaragua and
Costa Rica at UTM coordinates 1212650 N, 678600 E, thence continues
downstream the Poco Sol River up to its outlet into the San Juan River,
thence continues downstream along the course of the latter up to Marker No.
2 of the aforesaid border at 1216700 N, 788550 E, thence proceeds
southwest along the border, passing Markers No. 3, 4, 5 and 6 at 1212650
N, 678600 E, the starting point of this description.
4. "Cerro Silva" Natural Reserve. Established as a Forestry Reserve, it is
comprised within the following natural boundaries: Escondido River,
Mahogany River, Cerro Silva, Cerro Cabeceras del Kukra, the confluence of
the Serrano and Chiquito rivers, the confluence of the Mora and Punta
Gorda rivers, and Punta Gerda River up to its outlet into the sea. It has a
territorial extension of 3,394 square kilometres, and it is located and
comprised within the following metes and bounds:
Cerro Silva Natural Reserve shall be comprised within the following
perimeter:
NORTH: From the mouth of the Escondido River on the north bank in the
Bay of Bluefields, it proceeds upstream up to its confluence with the
Mahogany River; WEST: It proceeds upstream the Mahogany River up to
its source where it crosses the municipal border of Nueva Guinea at
1315150 N, 803960 E. From this point, it continues in a straight line up to
its confluence with the Piedra Fina River at 1308770 N, 801600 E, thence
continues upstream to a point located at 1306810 N, 804540 E, thence
continues southeast in a straight line to its intersection with the highest point
( 405 meters ab ove sea leve!) of the hill where the head waters of the Kukra
River begin. From this point, it continues south in a straight line up to its
confluence with an affluent of the Chiquito River at 1295235 N, 806490 E,
thence continues downstream along this course up to its confluence with the
Chiquito River, thence continues downstream up to its confluence with the
Serrano River. From this point, it proceeds southeast in a straight line,
passing by the highest point (285 meters above sea leve!) until it crosses the
Mora River at 1275550 N, 804595 E, thence continues downstream along
this course up toits confluence with the Punta Gorda River.
SOUTH: Punta Garda River to its outlet into the Caribbean Sea. From this
point, it proceeds northeast along the coast up to the outlet of the Escondido
218
River on the northem bank ofthe Bay ofBluefields, the starting point of this
description.
'1 ',J
Excluding the town of Bluefields, it is comprised within the following
boundaries (UTM coordinates: Zone 17): The boundary begins at the
Sconfra River at N 1333700, E 195940, thence proceeds downstream said
river up to one of its head waters at 1325450 N, 194650 E. From this point, it
proceeds south in a straight line up to its intersection with one of the
head waters of the Musulaina Creek River at 1323975 N, 194670 E. From
this point, it continues downstream said river up to its mouth at the Bay of
Bluefields, then proceeds northeast along the coast, passing the town of
Bluefields, up to a point located at 133 3700 N, 195 940 E, the starting point
of this description.
5. "Indio Maiz" Biological Reserve. The reserve covers 2,639.8 square
kilometres, and it is located and comprised within the following metes and
bounds: The boundary begins at the Bartola River at UTM coordinates
1214950 N, 792400 E, thence continues downstream along the Bartola
River up to a point at 1216627 N, 797554 E. From this point, it proceeds
north along the trait passing by the following coordinates:
N
1217627
1218627
1219627
1220627
1221627
1222627
1223627
1224627
1225627
1226625
1227122
1227953
1228802
1229641
1230522
1231515
1232407
1233305
1233472
1233592
219
E
797428
797453
797402
797348
797301
797247
797196
797139
797079
797022
796353
796901
797450
798004
798423
798497
798948
799401
800365
801367
1234416
1235348
1236261
1237185
1238160
1239144
1240123
1241116
1242116
1243116
801163
800793
800853
801240
801447
801651
801817
801765
801720
801671
Until it crosses the Aguas Zarcas River at 1243968 N, 801639 E, thence
continues downstream until it crosses the La Venada channel of said river at
1251700 N, 806750 E. From this point, it continues upstream up to its
headwaters at 1252150 N, 809300 E, thence proceeds northeast, passing
over altitudes of 461 m.a.s.l. and 413 m.a.s.l., up to the Piedra Fina River at
1256625 N, 813550 E. From this point, it proceeds upstream until it crosses
an affluent of said river at 1256700 N, 814850 E. The boundary thence
continues upstream up to a point located at 1256800 N, 816850 E. From this
point, it proceeds northeast, passing over altitudes of 388 m.a.s.l, 474
m.a.s.l. and 491 m.a.s.l., up to one of the head waters of the Pijibay River at
1260500 N, 818500 E. From that point, it continues downstream the Pijibay
River, always 1,000 meters south, respectively, to the right bank ofthe same
river up to the mouth in the Punta Garda River, proceeds southwest over the
coast up to a point at N 123 5675, E 189 235 (zone 17), thence proceeds
west in a straight line until it crosses the north boundary of the El Pescado
Lagoon at 123 56 7 5 N, 18 9000 E (zone 1 7). The boundary continues
southwest from El Pescado Lagoon until it crosses the Ebo River, thence
continues upstream along said river until it crosses the Pampy River. From
this point, it proceeds downstream the Pampy River until it crosses the Indio
River, thence continues upstream said river up to its confluence with the
Casa Alta River, thence proceeds upstream said river until it crosses the
wetland at 121 07 50 N, 1 965 00 E (zone l 7), thence proceeds southwest
along the edge of the wetland until it crosses again the Casa Alta River at
209825 N, 195650 E (zone 17), thence proceeds upstream the Casa Alta
River until it crosses again the wetland at 1209075 N, 194705 N (zone 17),
thence proceeds north along the edge of the wetland until it crosses a river
(without name) at 1211200 N, 192240 E (zone 17), thence proceeds
northeast, downstream the river, until it crosses again the wetland at
121 11 00 N, 1925 50 E (zone 1 7), thence runs along the wetland un ti 1 it
crosses another river (without name) at 1208000 N, 191800 E (zone 17),
thence proceeds downstream until it crosses again the wetland at 1208125
N, 192430 E (zone 17), thence continues along the edge of said wetland
220
il;':!\, :• 1 .' • '. ·~. 1 : ~ ...
un til it crosses the Cafio Deseado Rl ver at 1206440 N, 191160 E (zone 1 7),
thence proceeds downstream along said river where it crosses the wetland at
1207180 N, 192670 E (zone 17). The boundary thence proceeds along the
wetland until it crosses the San Juanillo River at 1206260 N, 194950 E
(zone 17), thence proceeds do\VIlstream said river until it crosses again the
wetland at 1205 700 N, 194800 E (zone 1 7), thence continues southeast over
the wetland un ti 1 it crosses the El Misterioso Ri ver at 12 03 650 N, 1 9 53 50 E
(zone 17), thence proceeds upstream said river until it crosses again the
wetland at 120025 N, 194900 E (zone 17). From this point, it continues over
the wetland until it crosses again the El Misterioso River at 1203650 N,
195370 E (zone 17), thence continues downstream until it crosses again the
wetland at 1203025 N, 194900 E (zone 17), thence continues along the edge
of the wetland until it crosses the Silico Lageon at 1202480 N, 199450 E
(zone 17), thence proceeds southwest, upstream the Silico Lagoon, along the
edge of the lagoon and wetland up to a point Iocated at 1199250 N, 199160
E (zone 17). From this point, it proceeds southeast in a straight line where it
crosses a contour, 10 meters above sea leve!, at 1199050 N, 199300 E (zone
1 7), thence proceeds along the contour until it crosses the wetland at a point
located at 1196450 N, 201400 E (zone 17). From this point, it continues
south along the edge of the wetland up to a point located at 1195801 N,
201750 E (zone 17). From this point, it continues southwest a distance of
two kilometres from the south bank of the San Juan River up to the Bartola
River at 1214950 N, 792400 E, the starting point ofthis description.
6. "Punta Gorda" Natural Reserve. This reserve is part of the former San
Juan River-Indio Maiz Great Biological Reserve. lt has a territorial
extension of 549 square kilometres and it is located and comprised within
the following metes and bounds:
The boundary begins at the confluence of the Punta Gorda River with the
Pijibay River at UTM coordinates 1269250 N, 185375 E (zone 17). From
this point, it proceeds southwest upstream the Punta Gorda River up to its
confluence with the Agua Zarca River at 1272825 N, 804750 E, thence
continues upstream said river until it crosses a river (without name) at
1251700 N, 806750 E. From this point, it proceeds upstream up toits origin
at 12 5 215 0 M, 8093 00 E, the nee proceeds northeast, passing over altitudes
of 461 and 413 meters above sea leve!, up to the Piedra Fina River at
1256625 N, 813550 E. From this point, it continues upstream until it crosses
an affluent of said river at 1256700 N, 14850 E, thence continues upstream
up to a point located at 1256800 N, 816850 E. From this point, it proceeds
northeast, passing over altitudes of388, 474 and 491 meters above sea leve!,
up to one of the head waters of the Pijibay River at 1260500 N, 818500 E.
From this point, it continues downstream the Pijibay River, always at a
221
distance of 1,000 meters south from the right bank of the same river, up ta
its confluence with the Punta Gorda River at 1269250 N, 185375 E (zone
17), the starting point of this description.
7. "San Juan River" Wildlife Refuge is part of the former San Juan RiverIndio
Maiz Great Biological Reserve and covers 430 square kilometres. It is
located and comprised within the following metes and bounds:
The boundary begins at the Bartola River at UTM coordinates 214950 N,
792400 E. From this point, it proceeds downstream the Bartola River until it
crosses the north bank ofthe San Juan River at 1214050 N, 790700 E. From
this point, it proceeds west until it crosses the south bank of the San Juan
River at 1214050 N, 790450 E. From this point, it continues downstream the
San Juan River, along the border with the Republic of Costa Rica, up to the
Caribbean Sea at 209500 N, 208650 E. From this point, it proceeds
northwest over the coast u p to 123 56 7 5 N, 18923 5 E (zone 1 7), thence
proceeds west in a straight line until it crosses the north bank of the El
Pescado Lageon at 12 3 567 5 N, 18 9000 E (zone t 7), thence proceeds
southwest from the El Pescado Lagoon until it crosses the Ebo River, thence
continues upstream said river until it crosses the Pampy River. From this
point, it proceeds downstream the Pampy River until it crosses the Indio
River, continuing upstream said river up to its confluence with the Casa Alta
River. It continues upstream along said river until it crosses the wetland at N
121 0750, E 196 500 (zone 17). It continues southwest along the edge of the
wetland until it crosses again the Casa Alta River at N 120 9825, E 195 650
(zone 17). It continues upstream along the Casa Alta River until it crosses
again the wetland at N 120 9075, N 194 705 (zone I 7). It continues north
along the edge of the wetland until it crosses a river (without name) at N
121 1200, E 192 240 (zone 17). lt proceeds northeast, downstream along the
river, until it crosses again the welland at N 121 1100, E 192 550 (zone 17),
continuing along the wetland until it crosses another river (without narne) at
N 12 0 8000, E 191 800 (zone 1 7). 1 t continues downstream un ti 1 i t crosses
again the wetland at N 120 8125, E 192 430 (zone 17), continuing along the
edge of said wetland until it crosses the Cafta Deseado River at N 120 6440,
E 191 160 (zone 17). It continues downstream along said river where it
crosses the wetland at N 120 7180, E 192 670 (zone \ 7). The boundary
continues along the wetland until it crosses the San Juanillo River at N 120
6260, E 194 950 (zone 17), thence upstream said river until it crosses again
the wetland at N 120 5700, E 194 800 (zone 17). lt continues southeast over
the wetland until it crosses the El Misterioso River at N 120 3650, E 195
350 (zone 17), thence continues upstream said river until it crosses again the
wetland at 1203025 N, 194900 E (zone 17). From this point, it proceeds
over the wetland until it crosses again the El Misterioso River at 203650 N,
222
:."nt,.'f!J· .'!}l~·.' i· !.~./ ·;:·~·~Tr·· ~n'-:•., , .. ,
••i
19 53 70 E (zone 17), thence contiri.ues upstream un til i t crosses again the
wetland at 1203025 N, 194900 E (zone 17), thence continues along the edge
of the wetland un til it crosses the Silico Lagoon at 1202480 N, 199450 E
(zone 17), thence proceeds southwest, upstream the Silico Lagoon, along the
edge of the wetland and sa id lagoon up to 1199250 N, 199160 E (zone 17).
From this point, it proceeds southeast in a straight line where it crosses a
contour 10 meters above sea leve! at 1199050 N, 199300 E (zone 17),
thence continues along the contour until it crosses the wetland at 1196450
N, 201400 E (zone 17).
From this point, it proceeds south along the edge of the wetland up to a
pointed located at 1195800 N, 201750 E (zone 17). From this point, thence
proceeds southeast, al ways at a distance of 2 kilometres from the south bank
of the San Juan River, up to the Bartola River at 1214950 N, 792400 E, the
starting point of this description.
( .... )
Article 9. REPEALS. Decrees No. 527 and 28-94, published in Official
Gazette No. 78 of April 23, 1990, and Official Gazette No. 106 of June 8,
1994, are hereby repealed, as weil as any provision opposed thereto.
Article 10. EFFECTIVE DA TE. This Decree shall take effect on the date of
its publication in the Official Gazette.
Done at Managua, on the thirtieth of May of nineteen ninety-nine.
ARNOLDO ALEMÀN LACA YO, President of the Republic of Nicaragua.
ROBERTO STADTHAGEN VOGEL, Minister of the Environment and
Natural Resources.
223

ANNEX62
POLITICAL CONSTITUTION OF COSTA RICA. 8 JUNE 1917 (ART.
5).
CONSTITUENT NA TI ON AL ASSEMBL Y
POLITICAL CONSTITUTION
CHAPTERI
The Republic and the Government in general
Article 5. The territory of the Republic, comprised between the
Atlantic and Pacifie oceans, is bounded to the northwest by the Republic of
Nicaragua, from which it is separated by the line fixed by the Canas-Jerez
Treaty of April 15, 1858, and by the Cleveland award of March 22, 1888.
To the southeast, it is bounded by the Republic of Panama, from which it is
divided by the line defined by the Loubet a ward of September 11, 1900, the
Anderson-Porras Treaty of March 17, 191 0, and the White A ward of
September 12, 1914.
( ... )
225

ANNEX63
POLITICAL CONSTITUTION OF COSTA RICA. 7 NOVEMBER
1949 (ART. 5).
We, the Representatives ofthe people of Costa Rica, freely elected members
to the National Constitutional Assembly, invoking the name of God and
reaffirming our faith in democracy, decree and enact the following
CONSTITUTION OF THE REPUBLIC OF COSTA RICA
TITLE I
THE REPUBLIC
SOLE CHAPTER
ARTICLE 1. Costa Rica is a free and independent democratie Republic.
( ... )
ARTICLE 5. The national territory is bounded by the Caribbean Sea, the
Pacifie Ocean, and the Republics of Nicaragua and Panama. The boundaries
ofthe Republic are those fixed by the Caii.as-Jérez Treaty of April 15, 1858,
ratified by the Cleveland Award of March 22, 1888, with respect to
Nicaragua, and by the Echandi Montero-Fermindez Jaén Treaty of May 1,
1941, with regard to Panama.
The Coco Island, 1ocated in the Pacifie Ocean, is part of the national
territory.
( ... )
227

ANNEX64
JURISPRUDENCE REGARDING ARTICLE 46 OF THE 1949
COSTA RICAN CONSTITUTION.
ARTICLE46.
Monopolies, freedom oftrade, agriculture and industry.
Private monopolies, as well as any act, even if originated by virtue
of law, which may threaten or restrict freedom of trade, agriculture or
industry, are prohibited.
Action by the State directed to prevent any monopolistic practices or
tendencies is in the public interest.
The companies organized as de facto monopolies shaH be govemed
by special legislation.
Establishment of new monopolies in favor of the State or the
Municipal Govemments shall require the approval of two-thirds of the full
membership ofthe Legislative Assembly.
JURISPRUDENCE
Cons ti tutionali ty
The exercise of the freedoms established in the Constitution is not
absolute and may be subject to regulation and even restrictions when higher
interests are at stake. The Forestry Law protects higher ranking interests
than merely individual (interests) of the bolder or owner of the land subject
to forestry regulation, thus the restrictions imposed by said Law on
agriculturallabor and which have been accused as unconstitutional, do not
injure the guarantee of article 46 of the Poli ti cal Charter inasmuch as what
the State has done is restrict the exercise of the property attributes for
reasons ofsocial interest. (Full Court, ext. s. 5-17-84).
( ... )
The freedom of trade that exists as a constitutional guarantee is the
right that any person has to engage, without restrictions, in a commercial
229
activity legally permitted that is more convenient for his interests. But in the
exercise of that activity, the person is subject to the regulations established
by law, su ch as wou id be the fixing of consumer priees, determination of the
salaries to be paid to the workers and, eventually, limitation of profits as
deemed convenient. Thus the exercise of trade does not entai! the right to
unrestricted freedom, especially in the face, as in the instant case, of a
regulation that is considered of general interest. (Full Court, ext. s. 11-27-
80). (Dissenting vote of five Justices). (Full Court, ord. s. 7-9-7).
( ... )
Freedom of trade is subject to legal regulations and if the fixing of
maximum selling priees by the Executive Branch in the case at hand is
supported on the Law for the Defense of Consumers (No. 5665 of 28
February 1975), the constitutionality of which bas not been challenged, the
Executive Decree in question does not violate article 46 of the Constitution.
(Full Court, ext. s. 11-16-78).
( ... )
Free exercise of laber and trade, in spite of their benefits and
advantages, must be subject to regulation and, in certain cases, subject to
restrictions, not in an effort to make hateful discriminations, but, on the
contrary, with the objective of making them more advantageous and useful,
on the basis of avoiding that the lack of certain regulations permits abuses to
the benefit of a few and to the detriment of a majority.
Absolute and unrestricted freedom cannot be conceived in the sense
that it cannot be subject to sorne restrictions that are established to make
them possible within social coexistence. The regulation of the commercial
activity is not prohibited by the Constitution itself, inasmuch as the rights it
consecrates for its exercise require certain restrictions for individual benefit
and the public good. In synthesis, in order to exercise our rights and, at the
same time, guarantee the rights of the rest, it becomes necessary to define
and limit the sphere of our powers. This is possible on the basis of dictating
restrictive measures and, in certain cases, on the basis of imposing penalties
for those who commit abuses and infringe the prohibitive rules. (First
Cham ber of the Court, No. 64 of 6-9-81 ).
( ... )
230
The freedom of trade, consecrated in article 46 of the Constitution,
is not a subjective right of an unrestricted or absolute character given that,
like alllaws, it is subject to regulations or limitations of general interest.
Therefore, the Ministry of Finance has not acted arbitrarily in dictating the
order by way of which it prohibits the importation of beans by the appellant
company through the border with the Republic ofNicaragua, inasmuch as it
did so within the reasonable scope of its powers, and in view of the
necessity of solving the serious problem that the Minister sets out in his
answer to the complaint, related to the economie po licy of the Government
of the Republic and the harmful consequences that the massive importation
of the grains would have in the current circumstances. (Full Court, s. 8-7-
75).
231

---------- ~ ----
ANNEX65
POLITICAL CONSTITUTION OF NICARAGUA. 9 JANUARY 1987
AS MODIFIED IN 1995 (ARTS. 1, 138, NUMERAL 12, 150 NUMERAL
8 AND 182)
TITLE I. FUNDAMENT AL PRINCIPLES
SOLE CHAPTER
Article 1: Independence, sovereignty and national self-determination are
irrevocable rights of the people and the foundation ofthe Nicaraguan nation.
Ali foreign interference in the internai affairs of Nicaragua or any attempt to
undermine these rights is an attack upon the life of the people. It is the duty
of ali Nicaraguans to preserve and defend those rights."
( ... )
Article 138: The National Assembly bas the following powers:
( ... )
12. To approve or reject aU international treaties, conventions, pacts,
agreements and contracts covering economie, international trade, regional
integration, defense and security; those which increase the externat debt or
commit the credit of the nation and those that constitute an obligation to the
interna! legal order of State.
Said instruments shall be presented to the National Assembly within fifteen
days from the date of execution; shall only be considered and debated in
general terms and shall be approved or rejected no later than sixty days after
submission to the National Assembly. Upon expiration of this term, it shall
be deemed as approved for ali legal effects.
( ... )
Article 150: The President of the Republic bas the following powers:
8. To direct the international relations of the Republic. To negotiate, enter
into and sign treaties, conventions or agreements and other instruments set
233
forth in subparagraph 12) of article 13 8 of the Political Constitution to be
ratified by the National Assembly.
( ... )
Article 182: "The Political Constitution is the fundamental law of the
Republic; all other laws will be subordinate to it. No law, order, treaty or
other arrangement that opposes or alters the constitution will be val id."
( ... )
234
' . ~.
ANNEX66
JUDGMENT OF THE CONSTITUTIONAL CHAMBER OF THE
SUPREME COURT OF COSTA RICA. EXP: 00-007391-0007-CO -
RES: 2001-08239. SAN JOSE, 14 AUGUST 2001.
Case: 00-007391-0007-CO
Res: 2001-08239
CONSTITUTIONAL DIVISION Of THE SUPREME COURT OF
JUSTICE. San Jose, at sixteen hundred hours on August fourteenth two
thousand one.-
Action of unconstitutionality filed by F. J. A. U., bolder of identity card
number ( ... ),and C.V.P., identity card number ( ... ) against the International
Treaty signed by and between the Presidents of the Republics of Costa Rica
and Nicaragua, Miguel Angel Rodriguez Echeverria and Amoldo Aleman
Lacayo on June twenty-ninth two thousand, relating to the free navigation of
Costa Rican boats on the San Juan River, the acts setting forth the
agreement issued by the national authorities; that is, the diplomatie note sent
by the President of Costa Rica to the leader of Nicaragua on June twentyeighth
two thousand, and the acquiescence of Costa Rican govemment
officiais with the interpretation relating to the scope of that agreement by
Nicaraguan Govemment officiais. Miguel Angel Rodriguez Echeverria,
President of the Republic of Costa Rica, Walter Niehaus Bonilla, Minister
of Tourism, temporarily serving as Minister of Foreign Relations and
Worship, and Roman Solis Zelaya, on behalf of the Office of the Attorney
General of the Republic, also intervened in the proceeding.
( ... )
Whereas,
VII. Asto the violation of the Canas-Jerez Treaty and the Cleveland Arbitral
A ward complained of by way of the challenged act. Clear as to the
substantive and jurisprudential background which establish the rights held
by the State of Costa Rica with respect to the San Juan River, and based on
the premise that in accordance with Articles 5 and 7 of the Political
Constitution, the aforementioned international instruments are part of the
constitutional parameters which this Court must enforce vis-à-vis the actions
of its authorities and inhabitants, the Court must decide whether the note
235
sent by the President of Costa Rica to the President of Nicaragua on June
twenty-eighth two thousand - as affirmed by plaintiffs- is contrary to the
spirit and text of the said provisions; answered by the President of
Nicaragua on June twenty-ninth two thousand, stating - as to the pertinent
parts herein - his will to uphold the status in effect prior to July nineteen
ninety-eight. With respect thereto, the Court holds that the challenged act
does not appear to seek any modification whatsoever of border regulations
in force and effect between the two countries, inasmuch as the text
specifically alludes to reestablishing a modus operandi which had been in
use temporarily, prior to July nineteen ninety-eight. On the one band, the
contents of the note do not contradict the Canas-Jerez Treaty, the Cleveland
A ward and the judgment of the Central American Court of Justice. It is not
contradictory, inasmuch as the said instruments provide that Nicaragua bas
complete sovereignty and authority over the San Juan River, while Costa
Rica holds the perpetuai right to use its lower banks for commercial,
revenue and security purposes. The referenced note states only that the
Government of Costa Rica shaH inform its peer in Nicaragua each time its
police force must navigate on the San Juan River with law enforcement
equipment. lt is worth noting that in the note at issue, the said navigation is
not subject to obtaining a permit, but to - as was stated - simple
communication, which is entirely in keeping with the terrns of the
instruments governing the matter. The possibility for navigation by other
types of Costa Rican boats is not limited in any way whatsoever either, and
there is no waiver of any other rights held by Costa Rica in respect of the
lower banks of the San Juan River. In fact, in the challenged note, the
President of the Republic of Costa Rica clearly shows the will of its
Government to return to the practice existing between both countries prior
to July nineteen ninety-eight, at which time the Govemment of Nicaragua
prevented the movement of armed Costa Rican police officers in the waters
of the San Juan River. Therefore, we find that the note at issue does not
dispute the rights acknowledged to the Costa Rican State in respect of the
San Juan River, wherefor, it cannot be understood that either the repeatedly
mentioned international instruments, or Articles 5 and 7 of the Political
Constitution have been violated.
VIII. Conclusion. On the basis of the foregoing arguments, this Court
concludes that the diplomatie note sent by the President of the Republic of
Costa Rica on 28 June 2000 to the President of Nicaragua, is not
unconstitutional, and consequently declares the present action of
unconstitutionality without basis, dismissing it from the Court.
236
Therefore:
' ·.·
The action, as to the diplomatie note signed by the President of the Republic
of Costa Rica on July twenty-eighth two thousand, addressed to the
President of the Republic of Nicaragua, is rejected. As to the remainder, the
action is rejected outright.
Luis Fernando Solano C.
President, Ad Interim
Luis Pauline Mora M. Eduardo Sanche G.
Carlos M. Arguedas R. Adrian Vargas B.
Susana Castro A. Alejandro Batalla B.
MCP/oc/4céd.-
237

ANNEX67
LAW No 7410. GENERAL LAW OF THE COSTA RICAN POLICE
(ART. 24) SAN JOSÉ, 26 MAY 1994.
( ... )
Article 24. Attributions:
The border Police has the following attributions
a) To patrol and protect maritime, land and air borders, including public
buildings where customs and immigration activities are carried out.
b) To enforce the political Constitutional, international treaties and laws that
guarantee the integrity of the national territory, territorial waters, the
continental shelf, the patrimonial sea or exclusive economie zone, the air
space and the exercise of the rights that correspond to the State.
( ... )
239

ANNËX68
RESOLUTION OF THE REPUBLIC OF NICARAGUA'S
NATIONAL ASSEMBLY ON THE JOINT COMMUNIQUÉ
CUADRA - LIZANO, 30 JULY 1998. ORDINARY SESSION # 5.
MANAGUA, 18 AUGUST 1998.
WHEREAS.
SOLE:
That the Joint Communiqué of the past July 30th of 1998 between the
Minister of Defense of Nicaragua and the Minister of Interior, Police and
Public Security of Costa Rica, trying to authorize the navigation of boats of
the Public Force of Costa Rica in the San Juan River, it is vîolating and
hannful to the national sovereîgnty of the Nicaraguan territory, clearly
established in the Jerez-Caftas Treaty, the Cleveland A ward and consecrated
in our Political Constitution.
THEREFORE:
ln use of the faculties that grants the Political Constitution of Nicaragua and
the General Statute of the National Assembly,
.RESOLVES:
1
To annul in total and definitive form and declared unconstitutional the
pretended authorization contained in the subscribed Joint Communiqué
between the Ministers of Defense of Nicaragua and the Minister of Interior,
Police and Public Security of Costa Rica, the past July 30th of 1998, relative
to the navigation of Costa Rican ships with armed men on the San Juan
River, for being violating and harmful to the national sovereignty that exerts
Nicaragua with exclusive character on this river.
II
To ratify the tenns contained in the official diplomatie correspondence made
public by the Ministry of Foreign Affairs of Nicaragua, the 11 th of August
1998, in which, in accordance with the official position of this honorable
National Assembly, it declares without any legal value, and therefore nul!
241
and nonexistent the Joint Communiqué related in Point 1 of the present
Resolution.
III
To reiterate the integrity of our territorial rights and the sovereignty of
Nicaragua in the San Juan River, in agreement with the Jerez - Caftas
Treaty, the Cleveland A ward and the Political Constitution of Nicaragua.
Given in the Room of Sessions of the National Assembly of Nicaragua, the
eighteenth of August of the year ninety ~ninety eight
(Signature)
PRESIDENT OF THE NATIONAL ASSEMBL Y
(Signature)
SECRET ARY OF THE NATIONAL ASSEMBL Y
242
~ , ;
.;_!q~_ ...
ANNEX69
REPLY OF THE REPUBLIC.OF NICARAGUA TO THE CASE OF
THE REPUBLIC OF COSTA RICA SUBMITTED TO HIS
EXCELLENCY HON. GROVER CLEVELAND, PRESIDENT OF
THE UNITED STATES.1887. WASHINGTON 1887. P. 49
eS 01-':R TH~> 'I~J.<'lè\.'1~-'i' t >'F <-a: .. VTJ-:::q~~~ •. J\ UF
Jil-é'-::c:l•:,,ilun.:. -"·1· ''""''·
"L:V,'t.:\...""i;U r'S~t .. n-~.S:~ ~-..,~- ~-·+
~ !'i.K7 ~
243
war "? It is ctaùried su ch navigation is ncct_Ic:·cl to pro .. ,
te:ct cornnterce. Againstwltom issücbprotcctwnm::~:·cl i:.'f 1-l-.... ,,
Certa:illly not against Nicaragua, Jor tha~ .~·~unot l~u.·
iuterfered with, even in ea.se or actual hostdlttcs. :"o
0t~1e:r po,we.r cau interfere, becanse t.hc so\·<::r<·ÎJ;H tî}!IH
vesrs solely and exclusively in Nicaragua.
The presence) tben, of an1·1cd vcssds wonhl ht· a
menace 'to the pesee of Nicaragtl.a, aud canu<;t ht; ;vl ..
mitted, either under the laws ~f natiom; or the pnn·i ... -
ions of this treaty.
VesseJs of the reven u.e se.rvice arc a kin to V<-·s~dsi nf
wa.r~ vVhile they have 110t aH lhe mcnns of ag~n.~!4.itiM m4
the Jonn.e.r, stil\ they are armed vc.-s,"icls., capa bk of t•n·
forcing their demands by force. and. n:n1~t he e1rtS$iL•tl iu
the same category as ~ressels of \V.ar.. Neith~r Ju.tvt:" tlit~
right1 nuder a commerd.al liccnsc., to ~hwade the terri ..
tory, domain, or sovereiguty of the Repnblic ar ~ic;~ ..
:ragna.
Nor does the tt:eaty of :t86S1 by which Cost.a. .J'Heu
QeC;OmeS efitttled tO' eoj0y tlle nghtS Of thf! H f110~t (~~
.vored nation }l in Nioe.ragua., ·cllattge the force Qlr t.~ITe,-c.:l·
of the Joregoing; .By.this t~r:1n is ·meaut those ri~btf;\
wbich. may be accord·ed sh~ply as matter or favor ~·
con.tradistioguished froni those .rights a.cquir·cd frcmt
·mutual concessions, :r:edprocity, ,or .iù cott.•>idt:ra.,tÎ<Ul ,:,r
sorne equ.ivalent. The èo:ucessions to othe:r u;U iuns
referred toby Costa Rica ate not mauers: of favor, but
h:a~·e been ~,nted it1 c.onsideration oC ad\·anla~ç~o;:
gamed hy Ntcatagua, and bence do uot extencl to utlutr
nations.
TE~')"H.
1
As the te~ns for ·ma:king the stipulations of Article
\Ill haved1sappeared, must Nicaragua oo stiJ1 l'»bH~~:cc.)
not t~ goe:ot ca.nal cooc,èssions through her u:rritof)"
244
ANNEX 70
,,,
1 1 ~
GEORGE L. RIVES REPORT. 2 MARCH 1888.
Assistant Secretary ofState.
T o the President:
SIR: On the 24th day of December, 1886, the Republics of Costa
Rica and Nicaragua, by a Treaty signed on that day, agreed that the question
pending between the Contracting Governments in regard to the validity of
the "Treaty of Limits" of the 15th April, 1858, should be submitted to
arbitration. It was further agreed that the Arbitrator of that question should
be the President of the United States of America; that within sixty days from
the ratification of the Treaty of Arbitration the contracting Governments
should solicit of the Arbitrator his acceptance of the charge; that within
ninety days from the notification to the parties of the acceptance of the
Arbitrator they should present to him their allegations and documents; that
the Arbitrator should cornmunicate to the representative of each
Government, within eight da ys after the ir presentation, the allegations of the
opposing party, in or der that the opposing party might be able to answer
them within thirty days following that upon which the same should have
been cornmunicated; that the decision the Arbitrator must be pronounced
within six months from the date upon which term allowed for the answers to
the allegations should have expired; and that the Arbitrator might delegate
his powers, provided he did not fail to intervene directly in pronouncing the
final decision. It was further provided that if the Arbitrator's award should
determine that the Treaty ofthe 15th April, 1858, was valid, the same award
should also declare whether Costa Rica has the right of navigation of the
river San Juan with vessels of war or of the revenue service ; and that he
should in the same manner decide, in case of the validity of the Treaty, upon
all the other points of doubtful interpretation which either of the parties
might find in the Treaty and communicate to the other within thirty days
after the exchange of ratifications of the Treaty of arbitration.
( ... )
No decision of this question is, however, necessary; for it is only
important, for present purposes, to point out that no precise line of
demarcation can be found in any of the earlier documents. Nor is this
surprising in view of the fact, to be inferred from the evidence that the
245
region through which the line ran was a rough, densely wooded and thinly
settled country, where no need was felt of any exact delimitation in the days
ofthe Spanish dominion.
But with the establishment of the Federal Republic, and still more, with the
dissolution, the questions of boundary began to assume importance.
The Federal Constitution seems to have provided by its Article VIl for the
demarcation of each State; but nevertheless nothing was done towards the
establishment of the 1ine between Costa Rica and Nicaragua.
ln 1838 Costa Rica seems to have urged upon Nicaragua - then assuming
the rank of an independent State upon ber withdrawal from the Federationa
desire for a recognition of the annexation of Nicoya. In 1846, 1848 and
1852 other fruitless negotiations were undertaken with a view to settling the
boundary; and in 1858, when the Treaty ofLimits was signed, the question,
in one form or another, had be en be fore the two Govemments for at !east
twenty years.
That the documentary evidence was slight and unsatisfactory, has been
already shown; and that Costa Rica bad for nearly the same period of twenty
years laid daim to more territory than she obtained under the Treaty of
Limits, fully appears from ber decree of 'Basis and Guaranties' of the 8th
March, 1841- which asserts as the boundaries of Costa Rica the line of the
River La Flor, the shore of Lake Nicaragua, and the River San Juan.
1 now proceed to state the history of the negotiations which resulted in the
Treaty in question, and of the executive and legislative acts which are relied
on by Costa Rica as constituting a sufficient ratification.
The long and bitter struggle in which Nicaragua and other Central American
States had been involved, and of which the part played by Walker and the
filibusters was the most notorious incident, came to an end in 1857. The
Republic of Costa Rica bad taken part in that struggle, and ber case states as
a fact that at the close of the contest the Costa Rican troops held military
positions on both sides of the San Juan.· The argument of Nicaragua seems
to imply that such possession was not taken until after the close of the war;
but the fact itself is not in dispute. It was regarded by Nicaragua at the ti me,
as constituting a casus belli; and Costa Rica having failed to withdraw her
troops, war was declared by Nicaragua on the 251
h November, 1857,although
negotiations for a seulement of the difficulty still continued, but
without success.
246 .
f .~ (··'
In this posture of affairs the RepubÜc of San Salvador offered mediation
through its Minister Colonel Don Pedro R6mulo Negrete. Owing
principally, as it would seem; to Colonel ,Negrete's eamest efforts, the
opposing Governments appointed Ministers Plenipotentiary, who met with
the Salvadorian Minister at San José de Costa Rica, and there concluded the
Treaty ofLimits,- the validity ofwhich is now under examination.
By that instrument, the boundary line is made to begin at Punta de Castilla,
at the mouth of the San Juan River; thence it follows the right or Southern
bank of that stream to a point 3 miles below the Castille Viejo; thence it
runs along the circumference of a circle drawn round the outworks of the
Castle as a center, with a radius of three miles, to a point on the Western
side of the Castle, distant two miles from the River; thence parallel to the
San Juan and the Lake, at distance of 2 miles therefrom to the Sapoâ River;
and thence in a straight line to the center of Salinas Bay on the Pacifie
Ocean. The Treaty further provides that surveys shall be made to locate the
boundary; that the Bay of San Juan del Norte and Salinas Bay shall be
common to both Republics; and that Nicaragua shall have, exclusively,
dominion and supreme control of the waters of the San Juan- Costa Rica
having the right of free navigation for the purposes of commerce in that part
of the River on which she is bounded. It was further agreed that in the event
of war between Costa Rica and Nicaragua, no act of hostility was to be
practiced in the Port ofthe River of San Juan, or on the Lake ofNicaragua;
and the observance of this article of the Treaty was guaranteed by the
Republic of San Salvador.
It is admitted by the parties to the gresent arbitration that the Treaty
was duly ratified by Costa Rica on the 16 April, 1858; and that it was not
ratified at ali by San Salvador. It is further established that there was sorne
ratification by representatives of Nicaragua - but whether or not such
ratification was suf:ficient is one of the points now in controversy, and it is
therefore necessary to examine fully the powers and the proceedings of the
Nicaraguan authorities.
The Republic of Nicaragua, as appears from the evidence, was a
Constitutional Govemment of limited powers, which were defined by a
written Constitution. Nicaragua, as one of the States of the Central
American Republic, adopted her first Constitution on the 81h April, 1826.
Upon the dissolution of the Federal Republic she assumed the rank of an
independent nation; and in 1838 adopted a new Constitution, which her
representatives now contend was in full force and vigor at the ti me of the
execution of the Treaty of Limits. The full text of the Nicaraguan
Constitution of 1838 is not contained in the arguments which have been laid
247
before the Arbitrator; but it sufficiently appears that power was vested in an
elective President and a Congress. It also appears that by Article 2 (cited in
full below), the boundaries ofthe State were defined; and that by Article
194, quoted in the argument of Nicaragua, a complicated method of
amendment was provided, of which the only feature now necessary to notice
is that no proposed amendment shaH take effect until it has been approved
by two successive Legislatures.
In 1857 the necessity for a complete revision of the Constitution of 1838
seems to have been generally recognized. The long and exhausting conflicts
which had been waged from 1854 to 1857, and the existence, during the
greater part of that time, of two hostile governments, each claiming to
exercise constitutional and supreme power throughout the country, had
demonstrated, to the satisfaction of the inhabitants, the importance of
changes in the organic law. Accordingly a Constituent Assembly, with
ample powers, was duly elected. The due election, and the full constituent
powers of this body, are facts not disputed in the arguments now submitted
on behalf of Nicaragua.
In November, 1857, the Constituent Assembly met, and addressed itself at
once to the task of framing a new Constitution for Nicaragua, as weil as of
legislating upon the ordinary affairs of the nation.,
On the 181
h of January, 1858, the previous negotiation with Costa Rica
having failed, the Assembly ordered new Commissioners to be appointed to
negotiate treaties of peace, limits, friendship, and alliance between
Nicaragua and Costa Rica.
On the 51
h February, 1858, a further and supplemental decree on the same
subject, was adopted, which is as follows:
The Constituent Assembly of the Republic of Nicaragua, m use of the
legislative faculties with which it is invested, decrees:
'
Article 1. For the purpose that the Executive may comply with the decree of
January 18 instant, the said Executive is hereby amply authorized to act in
the settlement of the difficulties with Costa Rica in such manner as it may
deem best for the interest of both countries, and for the independence of
Central America, without the necessity of ratification by the legislative
power.
248
Article 2. Such treaties of limits as i·~~·~ay ad just shall be final, if adjusted in
accordance with the bases which separately will be given to it; but, if not,
they shall be subject to the ratifiêation of the Assembly.
What were the separate bases of negotiation given to the Nicaraguan
Executive does not appear from any of the documents submitted to the
Arbitrator. But it is not distinctly asserted by the representatives of
Nicaragua that such instructions were disregarded in the negotiation of the
Treaty.- the arguments relied on to prove its invalidity resting upon entirely
different grounds, which will be stated hereafter.
On the 151
h April, 1858, the Treaty of Limits was signed by the
Pienipotentiaries of Costa Rica, Nicaragua and San Salvador; and on the
261
h April, 1858, ratifications were personally exchanged by the Presidents
of Costa Rica and Nicaragua, who met for the purpose on Nicaraguan
territory at the City of Rivas. The Treaty had not tben been passed upon by
the Assembly, the decree of ratification being by the President alone. It is
as follows:
TOMAS MARTINEZ, the President of the Republic of Nicaragua:
Whereas Generai Maximo Jerez, Envoy Extraordinary and Minister
Plenipotentiary of Nicaragua to the Republic of Costa Rica, has adjusted,
agreed upon and signed, on the l51
h instant, a Treaty of Limits, fully in
accordance with the bases which, for that purpose, were transmitted to him
by way of instructions; finding that said Treaty is conducive to the peace
and prosperity of the two countries, and reciprocally useful to both of them,
and that it facilitates, by rernoving ali obstacles that might prevent it, the
mutual alliance of both countries, and their unity of action against ali
atternpts of foreign conquest; considering that the Executive has been duly
and completely authorized by legislative decree of February 26th ultimo to
do everything conducive to secure the safety and independence of the
Republic; and by virtue, furthermore, of the reservation of faculties spoken
of in the Executive decree of the 1 71
h instant:
Does hereby ratif)r each and ali of the articles of the Treaty of
Limits, made and concluded by Don José Maria Canas, Minîster
Plenipotentiary of the Govemmerrt of Costa Rica, and Don Maxirno Jerez,
Minister Plenipotentiary of the Suprerne Govemment of Nicaragua, signed
by them on the 151
h instant and ratified by the Costa Rican Governrnent on
the 161
h. And the additional act of the same date is likewise ratified.
249
On the 281
h May, 1858, thirty-two da ys after the ratification, and
forty-three days after the signature of the Treaty of Limits, the following
decree was passed by the Constituent f..ssembly:
The Constituent Assembly of the Republic of Nicaragua, in use of
the legislative powers vested in it, decrees:
Sole Article. The Treaty of Limits concluded at San José on the 15th
of April, instant, between General· Don Mâximo Jerez, Minister
Plenipotentiary from this Republic, and General Don Jose Maria Canas,
Minister Plenipotentiary from the Republic of Costa Rica, with the
intervention of Colonel Don Pedro R6mulo Negrete, Minister
Plenipotentiary from Salvador, is hereby approved."
On the 19th August, 1858, the· Constituent Assembly adopted the
new Constitution, of which it is only needful to cite the first Article, viz:
The Republic of Nicaragua is the same which was, in ancient times, called
the Province of Nicaragua, and, after the independence, State ofNicaragua.
Its terri tory is bounded on the East and Northeast by the Sea of the Antilles;
on the North and Northwest by the State of Honduras; on the West and
South by the Pacifie Ocean; and on the Southeast by the Republic of Costa
Rica. The laws on speciallimits form part ofthe Constitution
( .... )
I conclude, therefore, that the third ground of objection stated by
Nicaragua is untenable.
And having examined in detail the three reasons urged by Nicaragua
for holding the Treaty invalid, and finding ali these reasons untenable, 1
conclude that the Arbitrator should decide in favor of the validity of this
Treaty.
G. L. Rives.
DEPARTMENT OF STATE, March 2,1888.
250
L
., ,, •. ·'.t',1 · 1 L.:v~ .• -.
'!. ... , :·~,:
.· : '
,• .. '', "ï,,i
GEORGE L. RIVES REPORT (SECOND)• 2 MARCH 1888.
If the Treaty of the 151
h April, 1858 is valid, what is its true meaning in
respect ofthe various matters submitted for decision?
One question of interpretation is formulated by the Treaty of Arbitration
itself, and eleven others are submitted by Nicaragua under the sixth article
of the Treaty.
The preliminary question, which is expressly raised by the Treaty of
Arbitration, is as follows: "If the Arbitrator's award should determine that
the Treaty [of 1858] is valid, the same award shall also declare whether
Costa Rica has the right of navigation of the River San Juan with vessels of
war or of the revenue service."
The answer to this question depends upon a consideration of Article VI of
the Treaty of 1858, which reads as follows:
( ... )
[page nurnber 210-212 of the handwritten version]
The right of Nicaraguan vessels to land freely on the Costa Rican
side confers no right on Costa Rica to rnaintain a river police. She has
undoubtedly the right to establish Custorn Houses along the River, and to
maintain a force of revenue officers. But this force need not necessarily
patrol the river in boats. This may be a convenient way of preventing
smuggling; but it is not so necessary an incident to the right of Costa Rica to
enforce her customs Jaws asto be inevitably irnplied ex necessitate from the
provisions of the Treaty.
The stipulations of Article IV throw no light on this question. Ali
that article requires is that Costa Rica should repel foreign aggression on the
river with ali the efficiency within her reach. If under the terrns of the
Treaty, Costa Rica is not permitted to maintain vessels of war on the River
she cannot be regarded as derelict if she fails to oppose foreign aggression
in that quarter by her naval forces. lmpossibilities are not required. Costa
Rica would only be bound to contribute to the deferree of the stream by land,
a mode of defence, it may be added, which seems better adapted to a River
ofthe size and character of the San Juan.
251
The matter is less clear when we consider the rights conferred by
this Treaty in the light of international usage, for the present case appears to
be one without exact precedent, which must be govemed by analogies more
or Jess remote.
( ... )
[page number 218-219 of the handwritten version]
The preliminary question of interpretation, as to the right of
navigation of the San Juan by public vessels ofCosta Rica should, therefore,
in my judgment, be answered by saying that the vessels of war and of the
revenue service belonging to Costa Rica have the same privilege of
navigating the River San Juan as are usually accorded in their territorial
waters by civilized nations to the public vessels of friendly powers in time
of peace, -- but no other, or greater privileges.
( ... )
The question, as propounded, is sorne what ambiguous, but it may be
answered thus: The Treaty of April 15, 1858, gives Costa Rica a right to be
a party to grants for inter-oceanic canals only in cases where the
construction ·of the canal involves an appropriation or flooding of Costa
Rican territory, - or an encroachment on the harbors of San Juan del Norte
or Salinas, or the destruction or serious impairment of the navigation of the
River San Juan in any of its branches and at any point more than three miles
bellow Castille Viejo.
· 1 have thus considered ali the questions submitted to the arbitrator, and 1
respectfully advise that an award be made in accordance with the foregoing
views. 1 submit herewith a form of award which, if my conclusions be
approved, maybe executed in triplicate, -one copy to be filed in the
Department of State, and the others to be delivered to the representatives of
the Govemments of Costa Rica and Nicaragua respective! y. '
G. L. Rives
Department of State
Washington
March 2nd, 1888
252
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ANNËX 72
DRAFT AW ARD PREPARED BY G. L. RIVES AND HANDED TO
THE ARBITRA TOR MR. GROVER CLEVELAND. 17 MAR CH 1888
lin.-!. t od Sta:t.,.s
T''o ' ,, a T· o e t· i n !f
.•
,. ,··\ie. ~':t•:_., .f'unc·t.i.o-~~ ~1'~~it~ato'r' huvinç,- b<:ton <:oni'•
n;r o'<:l ,l;lJ><.>:n th.e .F.!re s:idc~' 'cH" the !ini t èd -s·ta:te s by vi.l·-
• ~
l:-<lù d.f' u. Tt·<::at.y' _s~gned •• ai' 'the C'it:r oi" (;uatema~u On tho
t/w·r.tl't1·;. :1- ro\1r~h ~~·cl~ y "·f' · no·c·oDlbar.~ on-a tho t.l.a.t:l·nd .. o idh t hw:r~- ~
~ tl -. i<
d:rad und ei•ght:;-.six, between· the F,!epu.l:.:tic"' oi" Co.,ta Hic_e
ù!•d: Hiè<u·ari;ue;, .w'l\crebi' i:t :Was a:h:roe<;!..;"fHl.t ,tho -:rnot<tion
. ' M- -
V<,<ndin~ ~:>o;tween the· c6nt.ruq't,in,t~ r;ovo_t'l"l.:::-lèj,;,SI .i'n ._r·cg>:.rd t.o . ~· ''.
_Mt.e •;:,;il.:l~Çt~i:( Of ~A~rcat-j <tt:*Lùnit.a or the 1'i•·rt;cent.h
-·
···-~:~~·
257
And the .Rcpubl~'c b.r.''Nica.rat;ua luwil'\6 diü:." com-.
mmücatod to th<:: 'Ror<lb~ic. or Costa R~ca· elaYcn po:i.nt:s nf'
, . do,nbt rul in tc q~rot.a ti on !o und in tho "!'li d Trea ty td:
·.
I·:imit~ Qf v~.<Lrt(t.è.onth ,do.'Y.. or Apri.l,onc;o ~hot1sünd. dr,ht
hundr ::_<Ï aru'; ii ~J:;_cish~; an.~ _the· Republ ~c 6! Costa Ri ca.
hccy<n;; !;nil cd to co=unic at e: to the Hepubl ic . of ;; iCtH'I<-
sua any points or doub t fnl in te I'JWctat ion fou nd in the
sui ô.. la st men ti on cd Tro~ty;
And both pa1·t ica hav ing dul;t present cd th ci l' ul.Ü:-
;
r;:u'dons find documents i.o tho Arb.i t1·uto ~~, anrl ha\' ifl,"1
~he nlloOEtltions of the o:ther, party as provi. dcn ~r. the
'Trnat;<" oJ ::;o. t.w~.!'~;t-ryurth qay o.f ·:na:cember·, one t!w•;snnd
Cigilt hnndÏ·ocl. ~nd c~ight:t-; s. ix; . . . ' ·: < .~::~,J-/!~;~
A·~"., .. ..-......:../..~~~~ .:::'..é.-~-,- r Jè.·- ~
And tho' Arbitrù.tor havi~J' . .'"-hill e<l:l:'t~r deleg;atcd ~•&&~
pow~rs to tho Honora~re G~a~~~ L.Jl~as, Assistant ScCI'0-
1..ar;t or Stuta, who, cd'tèi: é:x~infhr,: an~\ con., i.d.c l'ln.n; ::•><·
fi_--. .•
saiü zovora.l ull cgntions, èloall1l1èn:t's, !li:ùt a.r.sw<Jrs
11
:;;ar1n
.his z·cport ir, wt•i tin~ th(i'n:wn to i.he AJ·bi t !'H to 1·;
H o w .t h e r e. t o r e , 1, {IROVER CLEVJ"J,Al<D,
maRe tho followinc; d<loisioh ani}, awa.rd.
258
...
p .~ ~ ~ .. ~- . ' . . . . . .
~-~; ~- . ~.z..-.._ ... ~../, -~ ~~~~--~-"' ~pL.
~~ .ef Jd;tP S..J!. pfd0uanuc servlgQ u.ç &L~J'la1lsed.n~
G::.-~--~···'".:-- ·-~~~7:::1-- 4.- ~-- _p__.::...,c. .a;.~:z::;:z..
k·&7 !.~.~ 7~'-' ~:-;.:a: =-• ·~7?hT:?! ':2'::' :'2;';S;%;ô;;= a~=, :... :...., :.· m tet> a tQ__
"t-l'-) !.'1-il.bJ.. b:l . ; C ·-- 91 F.l Q f -f't i C ii dl] _ou .IIH'" th li Î IPO 0 of· J' 9 f...w:! .;
,....... .. .a...u ,..,.. .... 7 ...:::.. ~~,... -z:-~ ~. .... --:z::::::ç:::::_ r·
bJ 1 r ..,a o t:!cc 1 02 g 1 e a be•_ .tt·" 1 :t'i_l er:.~.a ii ~..-......411!>L· Jf;;;:-7.'-~"" . :;/-:,
#
Th ird. l'li th respect to the points. of doubt ful in-
·tcrprct.àtion communicaied as aroresaid by the llcpublic
of Hica'i·ac;ua, I dcc ide às . f:ollows:
1 . The. l)oundary 1 inc be t;!'ccn the Ile pu bl i cs o .f Co st.a
l:i ca en(! Nic ar a.t; un .on , the A tl an tic si de be[!in s tt t the
~~ ... - ""':if:'?.--~·~ "c~...., ~ z..::::.~~~~~~~~~~~~~~~~~~~
ee~~~~~
~~~~~~~~~~~~~~:
z:-- .L /~--..d "7·· :;;:;;:;z:- .:::-:,~.-. ....
c:J· ~~~.>~nlloJ:;.;!-rt.~"'-l'l'e'....t.ei!!··;;.:·.'"""'· .t.c,.,'P1~"1~=-->::'~·~.
~;F-~~~ 'f?!f- ~ _,('",.,.._7~·-e-.,
8. 'i'he c ont ral point ô f the Sul in as l3ay is to be
I'b:od b;r dra.wins a straigllt line across t.hc .mouth oi'
the Ba; und ttotcrm.inine; cw.thcma.tiaally the;: centre of'
tho cl o sed, r;eome_tr ic al 'figure fo tweà by sn ch. str.a it;h t
1 ine end the shore o·f the Ba;; ut low-wo.tcr mark.
;; • i1:t the c cntral point of' Salinas. Gay i.s to b c ünun
anov0 sta ted. The 1 imi t of the Fla y t.owunls the
ocean i.~ a straight :l.ine ·dre:wn from the oxtroriiity .of
?t1i1ta Arranca Barba ·.neal'l y true South· to the "ic st(n-n·-
,.
259
L
mast portion oi' tho l.a.nd about ?11nt'il. 5ac~:~.tc.
linc boing marked_AB".on thc.chsrt of
cd t.o the ori);ina.l answ.or of Nicaragua
filed with the Arbitrator. ' ~c .+• • ~
The ce ral _po in>. o t the
.Guy, ~\s _th us . fixed, __ i s .• ma.r!<:.Cd the sa id, cha vt,
North, Lungi tude S!i" 1.3'
.30.1" West taking the sumn i t of Sul im.lS
I!ùand to
43 ' _ Z:§ --Wc. s:t Erpm Oresnw i ob-
~ ..... , ..
- 4. The Hepublic o·f' Costa ~:ica is not bound to concur
with the Ropllbl. ic of Nic?-f·~gua. in the c:xpcr.scsnccessar;;
ta prcvont. the 13a:f or Si:l.l; .Tnan del Hortc frOt'1
l'Jcinr: obstrücted , t.o keel' the n_av ig:.:. ti on o!' the· ~h·e1·
or Por·t .fr ce and uno:rribal'ra_ssed, o1· to improve iL .ru r
i. the common bene :ti t.
!:i- 'I:hc Rop.ublie à J'. Costa Hic a is not b'ot!nd to contribut.
e any 11roportion of the cxpcrn>ç.s t.hat may b.e ü.t~
currc51. by the ~epui;;Ïio o!' - NicaJ'i:\IJIHl. ,['or any of the
purposcs ubove UJ<::nt io,nc~.
G. The Repu.bl.ic o:f Cost·a ·Rica caru1ot p!·cvl'lht the
Hepub~ic or Nicar•ugua i'_rom -executinr; at h.cr own CX11ense .. . . · ..r ... , ... ~
lll:d within hcr own .territot:y,,wor·ks or improvomcnt, =-
1..J.h~"':::.---lE:;.J~.,.:·' ~.t.•cc.::.·•:..·_ s;:;..:;;J?;~:;n...._,. r.... ,,..,.,~ll; lJrovided. such work:s or ünpl~ovct:'lcnt
d.o not re sul t
~ e:-.:::.,._._ •. _.,7 ~--
in the occup!'ltion or rloodins of CostB
:A
Ricaltterritory, or in 1-he destruction or serions inJI4-
}Hi.,i!'~cnt of' the rya.vit):a.tiott p:f: the s<>id 1!iver ~ un:1 or
'.
260
• J ·.1\.f.
its hranchf!s, a=i- ut any point ~f-e t.he.n th:ree .~g.l ish
~ ~". ..,;•~;...~-. ;;<;;,. ..- k _;...~ -·~ ..... ':~.~... .. ~. or ?~ '"--1~· .:. ~ ~' • ' ~-... G"·" ~A """~-r$ - :;-2...: ..
mil "s l:nlew-~~ _'\1'ièj6, _çtea~t!S.::iY,g frot~l the. cx:~et fo1'
~ ..4""~ ~.,.e?---... -. --~
f.é!'+.Hi.~r .. of; U10 ~aià esetl.e ae tbg e~n! :e:xiahd' •• y ~·. • ~ • •
. )J'be Pspqhl i c of Ceo.ta laes càn
0):!'t!.llJ~"--'1li:'xx.·:fip~gi-Jitl'l--.l~;..·.o._'_W"t:oH-lr'l)~,s s--,:untt7:_~l:am•Lf'.· ~o-1 ....~.. ,..,. ,.-,. ,..,, ..,,,...,-..;!L I.-J..I. ,_._,u,.,._~;. ;r-u.L.S....-...-..;1'• , "' n
;.( " dQl l'liTt Q-, 'l'ho Republic o~ Cost.a I:Wca has tho ritht
to der:üü1d indemn-ific~t ion tor- any places belongir.g to
her on the right bank of the_-:Rivcn· San. ,Juan which may
bo occnpied without ~er consent,and for 6l"'jl larids on
the samc bank which may be flooded Ol' damac~rl in any
othe!" way i.n consequCJ"lèC o:t: works ol' impruvtH:1cnt.
7. The bnmêh oi' ,the R.j.vcr S_an .Juan known as the
Colon1do River must not bO: llonsidcrcd as the boundary
i:Jctwo.Jn the Re-publics or· Costa Rica rind Nicaragua .ift
any part of i ts course.
~··~~~
8. 'J>h*op~ub~ ic o.r C.osta Ri.ca. bas the ;,a:;,e J.l• i, ils:-;.
~ ~ ) 1 Y'' ft ~-:::z:;--.. - -;r--
g.;.;e s ."J' n rm j 1;9 tj ns-:- th c Riv.e r ?an .J nan w i th men- o I'- war . . ::.(.
Ol' rcvonuc cutters es cî>1 il iaecl Rat;:i!H'Is llRtll:l:llY eccuJ a
~4<- " / . u . .if. . '. (' ff ~__:_-L --"'-"--'...::.
iv. +"cil· ·tln't'i'liePial watet>e ta' tJte i"lllHie 'I"O&&els a...f :2":_"-.......k ~ ~~· ~..,..c:._ 4'--/- ~- --=-"•··.~--
·r:Z:Aî;;' pôwers 1 r, tj 919 '" f po ·>ee; hn t no o tl• ar· a~ r:1·e., +-
D. Sf!ë Rcp ubl ic ~ f Costa. R]:c a c en den y t·o the ile'-
. - . ~- . . .
puhl ic of Nicaragua, the r..tght: of deviatin~ the wu·tçrs
i
'"'- .;.; 1
ol: th~ ,'·oifi~}er San .lu~ in. c~:~~ .1~ch deviat ion wiil l'C:-
~ ~ • .' ~ "« « ,~h\ ' h. ''Â'··'. ~~,,
sul.t '"in · i h.e de st rue t;;<,on~. ot: st~~usr :f;pù irmcmt: p_:f t.'hr:
·~ ~:
261
- na•.'ir:ation of the said Rivc!r M,:\an:l of its branchos ~ .
.--.;~~ ,::::::'~z;.;:: ~ ...; . .4, <.-r:;?::;:-.L :.e:--"' .. ..........:r --z:-~::r~
7 t an y point 1001 c 'IlL e.11 ~hi e1,. lins' hlu"!ill'l.e lHJl EH• 0 _ ~ ~ .~ .: :o
A ~ .\ ..· :""ç.u: :...,.~~. .....t :. .. -~. -. ·,t<,~-,~ . y lo:1 1< 1 p,e e::;, t:l' int;; from tho oxtado t f'o 1 ti f'ic~ LiUitS o 1 the
~ -~' ..... -. . . ............ ~ -
. .
10. The Rcpublic of Nicaragua rema.ins bound not to
~"lake an:.: rrrants for canal purposcs across ~èr territo-
~ • • ~~ h <
ry wi t hunt fi rs :li':!isking .. the:,.op,inion o.f the 1-lepubl îc of
Co strt Ri ca, as pro v ided in Articilè VI II of the Treut :;,
) oi' Limi ts of the fiftceritJ{·day;of April, or.o thou sand
.. ~ .. • • . '• . /' r < .
• "" . ':;f
e i~h t humlr ed an cl .fi f.t y.:;e igh t. 'l'he ne tor al l"igh t s of
t:~c Hep ubl ic or Costa Îhc~ alloded. to itl the sa üf ~)t :i p-
~ ...
ulation arc the rights which, ·-in viCW· of the l;loundar.Ü:s
fixc(l b:,' tho sa id 'l'rou. ty i or Limi t.e, she po s:.c snes in the
so il th crcb:r -roc <?gnf;ed. as ·belonBing ëx cl us iv el 1 t o ~~ev;.·
the rit;h ts which she posse sscs ·in the harbol·s of' San
,Jnan del !lorte, and Salinas Ray; and the rir,hts wlüch
] shc possesses in so, much of t)1e River S::n Ji.lUJ1 as 1 ics
more tJHm thrce Enel ish Cl iles bclO\r Cast illo '!ie.1 o me asur
ir-,:; rro::1 the ext cr io r for:t.ifi cati ens o t' the sl:l id c: as~
fi:..~.-.zZ;;.. -j~~.x-/~~-7 .C/... .. .,.:..g-...:. ... :..
tlc. as the sumo existed in the year,l8~:i8. 'i'hcsc: ri11hts .. . l"
ure to be. <lee me d in,1u1·ed in ~n;r c:;s e who re th c tc :Titor:
t bclon13ing to th<J Republic of Costa. Rica is· occnpied
or flooded, where thore is an cncroachlncnt upon
~·-a-~~
0 :ith cr o i' the ::::a id'~· harb~f;( o~ who;;- t.hcrc is St\C h an
ohstl'uction or de~.iatio~ C1:C.-:f.hc lliver San .ruan nr; t.o
... 4. .
des troy or se rion àl1 .imp,ai/th.a nB: v ica ti on of ·the sa id
R, • • >%t ~ • • ·. •
~ ' '
,''.
2 . ~;,;
262
~
,J
{
l
t
f
.,
S;)rrc CY i 51 rd
\
ll. The Trcaty o.f<~i~tM ;.ô_f ~~he fifte cn~h da y of
,::4-"' ·""'-~
AJlril, çhe thousand eight huniired and fift;i-dr,h~givel\
to the Rcpublio.-o1' 1Costa Riça the right to 'be a party ·
. ··~~ . ,r,.;_._ ~A--.to• ;-:-" L
to f)rântn for inter-ooeanic canals in cases where
. l'
1
tiv: çon:>truction of tho canal w~ll involvc an Gf!\ll '! :::~- ir -:r:- ~· A.;z-;".1! ·'7"'~z;--_r.
'---§~~M~-+>-i+e-&tW.:Q(;o..o.;~· Co st~ Ri c àt.. t.erd ~a 1;,., or &n en- .
:.:..."""--oii::l--==li.·. ., I;P..:z;:-..." .~..::z:::=::.:...L ~ a.. .. 2- .. 2'-
th<; ye ~: 18;,5:"- 'l'l:t.G Pep u9l :iQ Q f
r .4:h~end ~compensa ti on
Coste lli!lahr:Hl the
a.s çhe el.o~ for
.r.-<-
the eonc essions she is llskcd tÇI 'mako; bu~ is not en ti tl cd
CU .o.~~
1\ to sltar·a in the pro fi t.s · thd t the Rcpublic of Nicaragua
~1ay ru~orve· l'or hcr&elf as u compcnsatiori :rer such !'avors
0.r.d privilcRcs as she, in her tutn may concede,
t n . t e s t i fll 0 n '1 w h c r 0 0 r 1 \nve
--- ... :w.:~""':~~' """<-~-~
hcronr.to sert my har.d~nd h~VU Clil.U!iHHi the 5oal Ol' tl;o
Uni tcd Stàt'cs to oo hereùnto 'lt'l'ixcd. .. ~ ~
·#" ,;i' ' '
'~o.tt\i!l ~p:Hcat" at the City
263
(
ùj,_, J' ~ .
t j. , -~- l t, ·l ~ ~ · : of''Washingt:oi) on the
::r: 9 «ay o:t' in the ye ar one thou st;
t :.'lu h.• • ~i~ c'ighi'(~u.nd.fed ·and éi~h~y-eight,
-~,
~ ~$;.~
.... ~ '
"<' :% ,.
and p.J: :t~c-lndcpcnde~cc ol' the Lini t
·:·ed ·s:t~.t~!~~the one hun.drcd anù. t.well'th, !' »-':·tA:.{.! ·"".y ~- ·"
,....,
:1 f1u;.
n:t'::the President. ·:;;;
;.
'* .. 1
'q,
t~ .':Po
.... ,. , ,+.:. !+ ~ '·4
. ,'.
" :. t
{;:\ê(
'• ~ .. f .~
t • ~' • '... -:..·t~. t. ~~cratary of Statc.
>·'· ', •.. { (.:_,
'~ ~ ~~ + l"' ~. 1 .. : ·~,·h~ ~ ,~~:~ ~~,.~· ..
' .
~. q' i.t .~ ~ y·{ ~
. , ~-· .. -~.t'\ ( .A '
··~ '''"'" ,,._ ,1,;,-: ..•
• - ~\ •• ~ •• •• •• ' :jo ·-
•,
<ô '. ~ ~., ~ yf.
Î'·
-F ,., .. ' :....
i,• ''''
·;., 1 :,
·•
1 •• ~ '.- .. ~> .,., ~ .....
~ ! ' :>. ·:, . 1'1- j ...
r
'"' ."' '! ""t ~ :t ct
... ~~. ... ~- ...: < ,,'i, -~.0 ~'-..ii· ..... ..4; t 4
·' ! .:.,? ~ <: rL. . ~. ·~~ f
·,
}~,_ t:.-~cl·*'<-,;j,J : t::·-t,l~~.\~~ Jo
~ # •.. i
« '+ ~ ~ i ~ ~. c;~, ·~~c.n ~
-~~\ ·"'
-~ -~ i~:i~ ·tJ~ .. t'", ~ ;11 ::.,'i. ·~
. "« ~-j~~~ .. •'\~'
264
'.,
s,,·
,.,
---- ----------:c~.·· ",:1. ~ ,, ------:-.,-.~•. ,••. ~.1., ;; ?":·· i :· ' .• ', •
• ~. 1
ALEXANDER, ENGINEER·-ARBITRATOR: AWARD NO. 4. SAN
JUAN DEL NORTE, NICARAGUA, 26 JULY 1899.
BOUNDARY LINE
NICARAGUA t\~D CosTA RICA
AWARD OP
GENERAL E. P. ALEXANDER,
EXGINI.!I!R ~ARBITRA TOR.
-~WARD No. 4.
SHORB LINB OP LAKE NICARAGUA.
265
13 0 UN D A Il, Y LIN 1~
NlCAI~AGUA AND COSTA 1\ ICA.
~,IN JJ;,\N O&L NORTE, July 2Gth, 18U9.
To the Bonnrlary Gom.missious·oj
Costa Rica (Ùul Nicarnyua :
ÜF.::STLE,H:;; :
.As the arbitrutor of wlmü.l\;ür poink,; of difference
may 1trise between yüur twd bodies, in tracin~ ani!
markiug the boundary linH between the Repuhlics you
represent, I am called upon. to decide Che following
(!Uestion,
·vvhat lev()\ of. it!3 wakrs·shall be takeu to determine
i;hc shore linc of Lake NlctÙ:;tgua, paralled to which,
and two miles distant tlun·efrom, the hoondary line
m11st be traced, from nea.r the R'l,ll Jmm rh•er to tho
Saponf
It will facilitato discUSi>ÎQn to clefine, in advance, the
prindpal i<~vcls whi;;h mnst be f.rcquently ref.erred to.
Undtw t.he influence of ra:iny soasons of about soven
moni,hs, and dt y SèaMnll o( alrout Ii..ve, Lhe leve! uf Lake
Nicaragua is in constant, fluctuation. 'Ve shal\ h:w•~ to
rliscuss flvc different st>agcs. ; . ·.
1st. Kxtromc hîgh wat.er; 'i.hç Jevelreached only in
years of ma.ximum rainfaH; m· some extraoNlîmu·y
conditions.
2ud. Mean high w:tl.cr; the average high leve] of
avert~go ycars.
266
' .. · .... ":
2
ard. Mean low ;va.ter; the averag{l lo:w Iovo! of average
yeM'S.
·Hh. F!xheme low water; tho lowogt leH3l reaehed in
years of minimum J·ainfall, or other extnwrdinary
conditions.
5th. :MQaU water; the aver·ugo botwoen moan high
water and u:wau low water.
·The argument presuuted tome .in behalf of Nieamgna
claîms that the !eve! w be ru1optBd in this ewse shonld bu
the fi.rst level narned, t1vwît: extreme high wa.ter. lt
argues that this line, a.nd this line alone is the true litnit
of what the Mgumont Qalls the ''hed of the lake."
Costa. Rica clnims the a't.lopt.ion of the t.hird leve!, towit:
mean low wat:m·. 'l'his is nrgued principally npon
two gronndE>: F'irst, it is shown hy a great nurnbor of
legal decisions tbaî., in most states, ali watcr bounùarics
are invn.dnbly hel il t.o run at either ·~x b·eme <)!' mm\n
low water. Second, ît is claimed that, in case of any
doubt, Costa Hien is eut.itled to its bmwfit:, as sho is con.
ceding t.erritory geographically hers.
1 will begin with Costa lliea'!l fl.rst argument. ~l'he
equity of adopting a low water !hw iu the case of ali
..,,,ater hounduries is rcadily admitt,eil, even thongh instances
of contrary pract.icc exist.
Between ail permaneut lands and -pc.rmaucnt wat.ers
usually mns a strip of la~lil, sometimes dry and sOn le·
times submerged. \Vo may cali it, fo1· short, semi.suhmerged.
Its vnhw fo:r ôrdÜ.l:H:y pu q>Oscs is mnch diminished
by îts liahility to ôvedtow, lmt, ItH nn n.'!jund
to tho pernw.. uont ltuvl, it posse~t>ü~, often, vet"J' gr~Hf,
vaine. If the owner of the pet·mm:u:mt hmd can l'once
across the semηSHbmergt.'fl ln: m;Ly save fendn~ his
en tire wate.r front. He also cru1 nti!izo wluttovo.r agrili
Y TR ,., ~·TSJ"E:R
IUN 21• .,...,~.,
267
3
cal tu ml value mn.y be in th!! semi-snbmt:rged Ja·nù in dry
seasons. Both of these valu~ would be dcstroyed and.
w~1sterl if: the ownership were confon:t;,-.{1 UJ'tOO the owner
of the water. Th~refooe equity 1\lwnys, nnd law genernlly,
con fers i t upon the ow uer of: the permanent land.
I 1:E.'Cognized an(l f•>llowed l>his priuciple in my
awanl, No. 3, where I held. that the houudury Hue followîn,~
J; the dght bank of tbe·~n Juan river. below Castillo,
f:ollows the lowest wahw mark of a navigable stage
of liver. And, îf now the lake shore wct:e itsl!lf to be
tho honnda1·y of Costa Rioe., I would not hesita te to declare
that t:he semi-submergoo land went w.iLh the permanent
land and carried her.limits at !east to tht) mean
low watBr hue.
B\ll~ this case is not one of a \l'ater bounrlary; nor is
it at 1111 sirnila.r, Qr "on <1ll fou,·r;" with one, fot· none of
tho ~:quiti•::s abovo S<lL forth ha.w,; any applicat;iOIL It is
ll ~;ase of tare aJJd. sin gu Jar oceu tT(JllCO and wi thou i. prece·
dent, withiJ1 rn y knowledge. · .A wo..t.er li ne .is in question,
hut not as a boundm·y. Il; is· only to fumish stnrting
points whem.:e to measure otl' a certain strip of teiTitory.
Cleady the c::~se stJmds alone·,' and must be govemed
stridly "r the iustrumout m1dm· which it has arisen.
That i:~ the Tt'i!a~y of: l.SSS.;,and i!,s language is as fol·
lows:
"'.l~hence tho lino shall continue tow:u·ds the river
'' Sapoa, which discharges into Che Lake o[ Nicaragnn.
"füllowing: a course which is distant al ways two m.ilcs
"from the l"ighf, hank of t.ho river San Juan1 with its
"sinnosities, up to it.s OJ·igîn a!; thn lakr~. and fl·om the
"dght hank of t;he lake itself,· up to the sa id rivet· Sapoa,
"whore this li ne pa.raHel w the said banks will termîn"
ate."
268
,.,
1
f
i
J
1
! \ r
~ ' " :: . ~: ; :.
•';.';:!'
,!3·f_i~:,.
! ' '
4
The pdnciples upon which the language and intent
of troaties are to be interp1~eted are weil set for~h in the
Costa Ricanargument by many quotatiOl1S from emiueut
autbot'S. Al.l concur that words are to be takcn as far
as possible in tbcir tll'st and simplest meanings-··" in
their natural and ob\•ious sense, accordiug to the generai
use of the sa me word~> "-" in the natural and reasonabh~
sense of the terms "-"in the usual sensa, and, not in
any extraordiuary or unused OCCilJJlltion."
We must suppose that the language of the ti'Bnty
above (lUOted suggested toits frau1ers some very defini ta
pictm:e of the lake with its l:mnks, aud of the two-mile
strip of te1·ritory. It, evidently, seurned to them aU so
simple and obvious that uo furthor words weni necossary.
Let us first caU up picturcs of tho lake, a~ d.iffcr,
ent levds, and sea which seems tho most natural, obvions
and rca&~mable.
The very effort to call np a picture of i;he lake, at
eîther extreme hîgh water 01~ extrema low watcr, scems
to rne immüdiatcly to rule both of these levels out of
fmther consideration. Bath seem unuatural conditions,
and I must believc that, had either btmn iuteuded,
additîonul det<lils would have beeu gîven.
Next; is the mean low water mark the lirst, mo&t
obvious and uatural pit;turo callorl np hy th\} expl'Bsskm,
"the hank of: !;he lake?" It se ems to lU() dceiihldly not.
During about eleven montlm of the yea1· this lino is subi:
nerged, invisible and inacc'\lssible. It, seems mther a
fuchnical !ine than a 11atural one. 'l'he idea of a bank
is of watsr limited by d1-y land wîth some clements of
permanency about it. Even during the brîef period
when the line is uncovered, the idea of it is suggestive
far mat-e of mud and aqnatic growths lhan of dry land
and forest growths.
269
5
'l'o my mind, the na.tural simple aud obvious idea of
the hank of a lake, in this clîmate, is fJresented only by
the lina of mean high water. · Here wc wou id first find
permanent cll·y grouml overy ilay of an average year.
!lere an observer, dudng everya~nual t·oünd of ol'dinary
seasons, woulil see the water" advance to his very feet
and then rt.>cede, as if some power~ hall drnwn the line
and saül to the watertl, "hitherto shalt thou come but
no fu1·ther·." Her-e the stmggle botween foresL growths
nnd nguatic vegetation begins'to change the landscnpü.
J'lere lînns üf (lrift, tho flotsamnnd jetsam of the waves
natnrally suggest thf.\ Hmits ~f ,the ''bed of the lake."
Ono lev cl of: the lakt~ remains for discussion, the mean
leve!, or twer;tge nf u.11 water:t~: . In a different clîmate,
whel'o the ra:infall is mol'e . uniformly dist.l'ibutoo
thr·oughout the ycar, the mean bigh wutm· and mean
low water !ines wi!;h ali theil· respective featm:es, wouM
approach mu.:h otlwr, IA!llding to tlnally merge in the
line of mean wate1·. But, wbere wet and dry seasous
prel"ail, as in the presetlt cose,. the lima of m'lan water
is ùestil.utr; of aH ohvi\ms featnres, and is sulmH:r-ged fm·
mauy months of the yrtar. lt.is purely a Lechnical, nntl
noL 1.1 müuml liue, ami is. not to be understood wht.lre
not expressly called for.
ln argurm:mt against Nicaragu:~'s daim of the extreme
hîgh wah~r line, Cos!:a Rien allpeals to the general
cu~:~torn of geographers and scientHic meu in making
onlinMy tojXlgraphîetù map~. who never a.dopt the extrame
!ines of overJlow::> for the outlinoe of lakes. This
argument of general (;ustom has great weight, but it is
equa!ly against Costa Rica's~ .claim for the mean low
water lino. \Vherever wet. apd dxy seasons prevail,
genera.! cnstom treats mean high water as the normal
270
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6
stata, alwa:ys to he understood whero no other leve! is
expresse{), and its line is a&Jumed as the lake boundary
in an ordinary top<>grapbical maps. 'l'wo quotations
from Commander Lull's report of his .Nîcamgua.n Canal
surve:y will illustrate. (Rep. Sec. Navy 18"73, p. 187.)
''In a survey made by Mr. John Baîly, many yeat'S
"sinoo, tllat gentleman profesfred to have found a pass
"with but 56 feet above the lake leve!, but the mose of:
"his stafements are found to be entirely unreliable,
" • * * Fo1· example, he finds Lake Nicamgua lo
"be 121 feet. above mean tide in the Pacifie, while t.he
"true difference of level is but 10·1 feet." (Ibid. p. l9!l.)
"The surface of Lake Nicaragtta is 107 feet above mean
tide in either sea."
From compat·isou of this leve\ with the levels fou nd
by other surveys, thore is no question that this figure
was l.ull's cs~irnate of mean high water as shown by his
line of levels.
Jl"'-rom eve1·y couside111.tion of the Jake, Lheref01·e, I am
driven to concludc !;hat the shore linA of !J1e lake, coutemplated
i11 the tnomty, is the mean·higiH\·ater line.
f am led to the SI,UilO COUCiusion, aJso, from the stanùp<>
int of the two-mile-wide strip of tmTitot·y.
'l'he t1:eaty gives no intima~ion asto the purpose of
this concession, and we have uo .l'ight to af:!Sume one,
either political or commerciaL 'Va have ouly to ohse1·v;;
the two concl.i.tion. put UJWII the st.rip in the trcaty.
Uudel' ali ordinary conditions it must be land, and two
miles wide. This would not be the case if wc adopted
the line of eitber mean-low-water, or mean-water. In
the former case the st.rip would be too narrow for about
eleven months of an ordiuary year; j11 the Ia.tter case
for about five months.
271
7
'Vithout doubt., Lhen, T cOt!Clude !;hat me:.m;high·
water mark determines tho shore of the .lake; and it
now romains t.o designnte that, love!, and how it shaH be
fou nd.
St<vct·al sut·veys of the J)t·oposed Nicaraguan Canal
route, beside that of Commande;: I.u\1 above quotcd,
have been nwde within tho laÙ' fifty years. Ji:}ach fou nd
a cedain mean high le\1el of the lake, and it might seem
!\simple solui,i<)n to tnke an a\'~rage of t,hem ali. But,
as each adopt.erl its own beuch-nHlt;k ou the ocean, and
nm its owu lino of levels to the lake, I have no means
of bringing their figures to a common standard. .It
seoms l:msf,, l.;her·efore, to adopt the flgm'es of that one
whieh is at once the làtest and most thorough, wltich
hm; anjoyod the benefH; of: ali of the investigations of aH
of its prodecessors, and whose· bew:h·marks on !;he 'Jake
rn'ti known and <'!Ht be 1·efermd to. .'l'hat îs the survey,
stitl in progress, under the dir~wl;ion of the U. S. Canal
Commission. Its resulte ha\·e not yot been mado pnblie,
but, by the oourtesy of Itear:Admiral J. G. Walker,
President- of: the OommiMion, l,am in[onned of tl1om in
a kt:tor thùod July lOth, 1899,. ·~rom which lquote:
''fn rcply I am cabliug you to-<lay, as follows: 'Alox''
a!lder, Greytown, Six;' tho six.meauîng, ;Js per your
"!otkr, 1011.0 as mean high .levet of lake. This eleva"
tion of JOG.O is, to tho besL of out knowlerlge. (l-11·.
;'D:wis, out· hydrogntphm·) t.hc mean high water for a.
"mHnhct of yerus. * * *
''The highcsf> Jc,·el of the lake in lSVS was !üf\.7, last
"of Nnvembcr. 'l'he cluvnt.ion of oUI' .bench mark on
"insl~<:H''J end of: boîlm at San üarlos is 10\U.li' * * *"
A comp]<Jt.c copy of f,his JCÜcl' will be handDd you;
and also bluc.prints of tlH.l maps maile by the Commis·
272
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8
sion of the h:rwer end of the lake, which may faeilitate
your wol'k.
As this Commissir)n is the highest e;xisLing authority,
I adopt ita fl.nding, and announce my a ward as follows:
The shore li ne of l.ake Nicaragua, at the lev el of 106. o
feet, by the beuch marks of the United States Nir.aragua
Canal Commission, shaH be takûn as tho bank of saicl
lake referrm1 to in the treaty of 1858.
I am, gentlemen, very rospoc!Jully, your obedienL
servant,
273
:E. P. ALEXANDER,
.l!ln(Jineer-A ri1ilrator.