Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, with the Annual Message of the President, December 6, 1875, Volume I
No. 113.
Mr. Williamson to Mr. Fish.
Guatemala, May 7, 1875. (Received June 14.)
Sir: I have the honor to inclose you a translation of the latest published correspondence between the governments of Nicaragua and Costa [Page 169] Rica, with reference to the question of boundary pending between the two states named. The translation is made from the publication in the Gaceta Oficial of Costa Rica dated April 5, 1875, and numbered 13.
Your attention is called to the marked part of the translation, in which the government of Costa Rica proposes the government of Chili as the arbiter.
I have, &c.,
Mr. Rivas to Mr. Jimenez.
Managua, February 20, 1875.
Sir: I have had the honor to receive the esteemed dispatch of your excellency of the 27th of January last, replying to mine of the 2d of the same month, in which I repeat the reclamation stated in a dispatch of the 12th of November last, in reference to the violation of territory and sovereign rights of Nicaragua done by the forces of that republic.
In that dispatch your excellency styles the acts inaccurate, and the estimates erroneons and even offensive; which my government repels with all the energy that a consciousness of its honor gives it. But that I may abstain from refuting this point by point, as such a discussion is entirely foreign to the object my government has in view—which is to try to bring to a good termination the differences aroused between our respective countries, and this would not produce any other result than to aggravate the questions by a sharp and interminable correspondence—I will confine myself, then, to the two essential points that your excellency indicates as a means of arriving at a solution that is desired, and in which the two governments seem to coincide in the general principle. I refer to the idea of submitting to an arbitration the question of the validity or instability of the treaty of boundaries, and to forming a mixed commission to decide upon certain points of the matter pertaining to the last events.
My government, which, since the 6th of August, 1872, proposed to that cabinet that it should submit the principal question to the arbitration of a nation friendly to both countries, as the means established by the treaty in force and approved by civilization and the true interests of the two people, now gladly accepts what your excellency’s government proposes, but accepts it without the limitation that that government has believed it ought to place in respect to its competency, and with the condition that that arbitration may take cognizance of all the questions that have originated from the uncertainty of our boundaries, and all the complaints and grievances that our respective governments may have the one with the other.
My government expects to have the satisfaction of being able to prove before the arbitration that, in respect to the question of boundaries, its principal object has been to assure to Nicaragua her essential rights, avoiding the possibility of impeding the development of her commerce and industry, and in no manner depriving Costa Rica of any of those advantages that can contribute to her progress without injury to Nicaragua, since my government believes that the prosperity and aggrandizement of her neighbors is the prosperity and aggrandizement of herself; and as to the other questions, she has no other object than to sustain the rights and dignity of the republic, and to provide for the security, the peace, and well-being of the inhabitants.
In respect to the mixed commission, my government does not admit the extension that that of your excellency wishes to give to the powers that may be conferred upon it.
For this it has reasons that refer to the material of the commission, and to the objects that ought to be intrusted to it. Besides the establishing of the boundaries, although it should be done provisionally, would give for a result a source of new complications in the troublesome question pending; the delays that the choice of a suitable commissioner and the clearing up of this complicated affair would produce would postpone the object of my government, which is to terminate quickly the arrangement of the last unfortunate incident occurring in respect to the deplorable affairs of Punta Arenas and Liberia.
For the rest, as it is necessary to proceed as soon as possible, in fulfillment of an international duty, to the arbitration proposed and accepted by both parties, and that arbitration having to understand in all things the reclamations of my government, from the acts that gave rise to the treaty of alliance with the Republics of Guatemala and Salvador until those that caused the last reclamation in reference to the recent [Page 170] revolutionary movements in that republic, my government believes that the idea of that commission, that proposes to arrange one of these questions, is no longer of any use.
My government, in insisting that all the questions of every character be submitted to the arbitration established by the existing treaty, is animated by a desire to put an end at once and forever to the causes of difference that have arisen and can arise in the future relations of two people, destined to advance united and to strive for the highest degree of prosperity, and which questions have served to delay their mutual development. If, as your excellency declares, your government is animated by these sentiments, we can congratulate ourselves that these fatal discords, which have been so unfavorable to the well-being of both republics, will be soon terminated.
May your excellency be pleased to bring this to the notice of your government, and accept the distinguished consideration with which I subscribe myself, your attentive servant,
To the Minister of Foreign Affairs of Costa Rica.
Mr. Jimenez to Mr. Rivas.
San José, March 20, 1875.
Sir: I have had the honor of receiving the dispatch of your excellency dated February 20, in reply to mine of the 27th of January last.
Your excellency abstains from entering anew into the merit of the question, believing it already useless in the situation in which it is found, but affirms in doing so that a use of incorrect expressions has been made in said dispatch offensive to the dignity of Nicaragua. With the energy that I am capable of, I ought to refute and do refute such affirmation. My government, to elucidate the questions that are stirred up, does not need to pretend nor even suppose any act a recourse incompatible with the just motives that have served it from the beginning, and with its dignity and good name.
But, apart from that, it cannot but be regarded with the highest satisfaction that, on the part of the cabinet of Nicaragua, there has been accepted the arbitration proposed for the resolution of the principal questions relative to the validity or inutility of the treaty of boundaries of 1858, since in this manner the dissensions between the two people approach a definite termination by a means, civilized and pacific, that reason recommends and practice teaches.
It is true your excellency extends full power to the arbitration over all questions pending between the two countries that from that point, as a beginning, have arisen or originated, and although they are not specified, my government does not object to admitting the extension of the powers, and even believes it necessary not to leave any even the least motive of dispute.
It is understood, therefore, that, without prejudice to the statu quo, all questions between the two republics since the said treaty are matters for arbitration, allowing either oi them to propose those that in its judgment ought to be decided; also, leaving to the arbitration, as cannot be avoided, the entire liberty of throwing out all those it may deem unsuitable or unimportant.
I believe with your excellency that, the two governments agreeing on an arbitration, there is no longer any occasion for a provisional establishment of boundaries by a mixed commission to decide upon the reclamations of Nicaragua for the acts recurring in respect to the revolutionary attempts at Punta Arenas and Liberia, in October of last year, although I do not see that that would be impracticable or lead to fresh complications; the two governments proceeding in good faith, as is to be expected. This question, therefore, will be a subject of arbitration, and its resolution a necessary consequence of what is established in reference to the principal object.
It only remains for us then, at present, to determine the arbiter. Your excellency, relying on the treaty of boundaries, is constrained to suggest that it ought to be a friendly government. I am pleased to see that for this purpose the efficacy of the treaty is recognized, and I take this opportunity to assure you, that if the same suggestion has not been made on the part of my government it has only been out of respect and consideration for Nicaragua, which has contended against its absolute validity.
This being granted, and in fulfillment of what has been accorded by his excellency the President, I ought to propose now for an arbiter the government of Chili, a friend of both countries, and in a position in every respect admissible. Without some especial and ostensible motive, it would not be really very convenient to the interests of the two States to seek an arbiter outside of America. The government of Chili has constantly given satisfactory proofs of integrity and good judgment in all of its administrative acts, and at the same time [Page 171] has worked, out the enviable prosperity of the country, and has gained for it the very elevated and worthy imputation which it enjoys among all the governments of America and Europe. This has caused that already, at other times, it has been appointed arbiter upon questions identical with ours that have arisen between Spanish-American Republics, and its decisions have been regarded and acknowledged with the highest respect and consideration, from the stamp of justice and impartiality that characterized them.
The identity of origin, customs, institutions, and language of the people of the government of Chili with those of our own are bonds of sympathy and common interest that assure the prompt dispatch and best results in deciding the questions that may be submitted to it.
The motives given have influenced my government to propose that of Chili as arbiter, not doubting that it will consent with pleasure to afford to the two republics a service of such vital interest, provided there may not be any especial reason on the part of the government of your excellency to reject it, if it is as well disposed as my government to hear any just observation that may be made upon the subject.
Meanwhile I am pleased to renew to your excellency the consideration of the very high appreciation with which I subscribe myself.
Your very attentive servant,
His Excellency Minister of Foreign Affairs of Nicaragua.