[Translation]
Mr. Molina to Mr. Seward.
Sir: Referring to the interviews in which I have had the honor to manifest to your excellency and, in your absence, to the honorable Assistant Secretary of State the views of the republics of Costa Rica, Nicaragua, and Honduras, in reference to the project of establishing upon the territories of Central America colonies of persons of color exported from these States, with the aid of the resources decreed for the purpose by the last Congress, I deem it my duty and, in conformity with the frankness and the friendly spirit of the repeated interviews to which I refer, to reduce to writing what has taken place at them, and the understanding which has resulted therefrom.
I flatter myself that your excellency does justice to the motives of the elaborate effort with which I have endeavored to avoid a controversy in writing and thus to divert your important attention, under circumstances in which, probably, it is occupied, from affairs more urgent and transcendental to your country. I write the present at the request of the honorable Assistant Secretary of State, and in the confidence of having brought about a perfect understanding founded upon the good faith, the equity, and the justice which the present administration has proposed to itself as the guide of its policy, especially in its foreign relations so fortunately confided to your excellency.
About the middle of June last, having been informed through private though reliable sources that it was formally contemplated to carry into effect the aforementioned colonization into the territories of Central America, and especially upon the isthmus of Chiriqui, I had the honor to inform your excellency that none of the governments which I represent would consent to the formation upon its territory of independent colonies, whatever might be their color and place of departure, nor under the auspices and protection of any foreign government; that they desire and are disposed to promote the immigration of industrious persons, and capable of contributing to the improvement and advancement of the country, and of identifying themselves with the inhabitants, under the exclusive control of its laws; and they reserve to themselves the right of regulating the matter as may suit them, and the exercise of the other rights which appertain to them as sovereign states; and that the project in question, even supposing that it did not tend to give an inadmissible character of independence to the colony, would not meet with the favor in Central America, of whose territories it seemed to dispose of, without notice to, nor the consent of, the proprietors, for the purpose of importing a plague of which the United States desire to rid themselves. Your excellency seemed to appreciate the natural attitude of the governments which I represent by assuring me that the United States do not intend to establish independent colonies, nor to send colonists to Central America, without previously obtaining the consent of the respective [Page 900] governments; and you dwelt at length upon the advantages of the immigration and the propriety that the Hispano-American States should protect and promote that which seems most appropriate and likely to amalgamate in view of its original traditions.
At the same conference, confining myself to the colonization of Chiriqui, based upon certain concessions of lands and mines made in the year 1854 by the province of the same name in New Granada to Mr. Ambrose W. Thompson and to others, now represented by him or by the association called “Chiriqui Improvement Company,” I had the honor to make known to your excellency that said concessions relate to territories which, for the most part, unquestionably belong to Costa Rica, in whose peaceable and undisturbed possession they now are, and the balance is involved in its titles, belongs to it by right, and is the cause of a question of boundaries, still pending between Costa Rica and New Granada; and that, therefore, the same concessions made by a foreign authority of the property of Costa Rica, or of disputed lands which she claims under valid titles, are evidently null and without value.
I had previously had occasion to make known the same thing to General Cass and to the Hon. Mr. Toucey, in consequence of the contract entered into by him, as Secretary of the Navy, with the said Mr. Thompson—a contract in which the latter had gone so far as to sell to the United States inalienable rights of sovereignty which never could have belonged to a private individual, in order to draw from the federal vaults $300,000; thus solving the ancient problem, in which he has for years been employed, of making gold out of that which has no value, to which Congress denied its sanction with a full understanding of the subject. I added that New Granada itself does not recognize the pretended rights of Mr. Thompson, having submitted the question to the supreme court, which high tribunal decided against him, declaring the said concessions illegal. This illegality is shown by the titles themselves, for want of sufficient power in the provincial authorities which issued them; and the simple perusal of them also shows that, if they had not been null from their inception, they would have become void from the lapse of time, and the non-compliance of essential, implicit, and expressed conditions; for example, the grantee has obstinately violated the prohibition which his titles contain, to cede his rights to any foreign government.
Your excellency was pleased to reply to me that you had not been able to fully occupy yourself with this matter; that General Herran had directly discussed it with the President, explaining it in the same manner as myself, and leaving an impression favorable to the rights of Costa Rica; that you would report to and procure me an audience with the President, and advise me opportunely.
I awaited this notice in vain, which absence I have attributed to the many and more urgent occupations of the government, until, during the absence of your excellency, I conferred upon the matter with the honorable Assistant Secretary, reiterating all I have stated and adding that, in Central America, the said enterprise is looked upon as aggressive, illegal, and of a worse character than other former ones of the same kind; that it creates a real alarm, and that I had received orders to resist it; and that if it were carried out I would discredit the assurances which I have endeavored to transmit to the governments which I represent, of the inauguration of a new policy of good will and equity on the part of the present administration of the United States. The honorable Assistant Secretary, being informed of all this, replied to me that he would call the attention of the President to the international view of the undertaking to which, probably, he had not paid sufficient attention, believing, in good faith, that it would be accepted with pleasure by all the interested parties; he repeated that it would not be carried out without obtaining your consent nor in disregard of the rights which I represent, and stated that it would be proper that I should [Page 901] speak with the President, offered to solicit an audience for me, and with him, and to advise me accordingly. I further made known to him the intention which my estimable colleagues of Guatemala and New Granada had of solemnly protesting, representing to him that, in my opinion, it would be more conducive to good relations that your government should abandon, of its own good will and through respect to the rights which are believed to be threatened, an enterprise subject to unfavorable interpretations, and which meets with legitimate resistances; and he replied to me, reiterating the offer of reporting it and of advising me. A few days afterwards the same Assistant Secretary was pleased to send for me to tell me that the President could not, under the circumstances, occupy himself with the matter, but that I might rely that it would not be decided without hearing me. I manifested to him the false position in which I found myself, the minister of Guatemala and Salvador having already protested in writing, he not being so directly interested, reiterating my former importunities and representations, and presenting to him the pamphlet entitled “Costa Rica and New Granada, an inquiry into the question of boundaries, by Felipe Molina,” and while thanking me for the same, he repeated to me that it was impossible, under the circumstances, to occupy himself with the matter; that for the present it was suspended, and that it would not be decided until after giving me an opportunity of representing what would seem proper to me for the interests which are confided to me and to reflect upon it maturely; and he added that my governments will know, without doubt, how to appreciate and will approve my conduct.
On the 15th instant, alarmed by the publication in the Sunday Chronicle of the previous day, of a positive notice that the government had completed, on Saturday last, the arrangements for a settlement of people of color in Central America, giving to Senator Pomeroy full powers upon all the matter, and that the emigrants, well supplied with all that was necessary, would be sent in a first class steamer at the beginning of October, I went to the office of the Secretary of State, desirous of speaking with your excellency, and being informed that you were not in the department I obtained an interview with the honorable Assistant Secretary, who, having been informed of the notice referred to, which I placed in his hands, assured me that its contents were not true, except that the President had commissioned the honorable Senator Pomeroy to go alone to visit several points in the West Indies, Central, and, perhaps, South America, for the purpose of seeing which would be the most proper for the colony under consideration, and to ascertain the disposition of the inhabitants; that no powers had been given him to negotiate with any government, his powers being limited to those of an explorer, whose duty is to examine and to inform without deciding of himself; and that this government reserves to itself to decide in view of the report of Mr. Pomeroy, and to treat directly with me or the minister who may be concerned. I then made known my desire to have this assurance in writing, and proposed the drawing up of a memorandum, and the honorable Assistant Secretary referred to the reply made to Mr. Yrisarri, of which he had confidentially given me a copy, inviting me to transmit a communication should I deem proper to do so.
Having drawn up with great care this long but truthful statement of the affair, I must rely, as I do rely, in the equity and good faith of the government of the United States, and in the assurances which your excellency and the honorable Assistant Secretary have been pleased to give me, and which I have related. While calling your excellency’s attention to the pamphlet aforesaid, which contains the titles of Costa Rica, and to a map, from whose comparison with that which marks out the pretensions of Mr. Thompson, annexed to the opinion of the Committee on Naval Affairs of the House of Representatives, who examined the Toucey-Thompson contract in 1860, it is seen that all the territories of which the latter pretends to dispose of are found within the limits which Costa Rica claims, and the greater part within her jurisdiction and undisputed possession; [Page 902] and I also take the liberty to call your attention to the opinion of the minority of the aforesaid committee.
Before concluding, I must inform you that I have before me a pamphlet entitled “Information for persons proposing to join the free colored colony to Central America,” published and subscribed, as from the pamphlet it appears, by the honorable senator and commissioner, S. C. Pomeroy, in which are to be found the following statements :
“And as an effort is now to be made by these people to found a settlement and a country of their own, I have consented to aid them in the selection of a locality and overcoming some of the obstacles incident to all pioneer settlements. I intend to start in a vessel from the city of Washington about the 1st of October, and will take, free of charge, five hundred colored persons, more or less, to be composed for the most part of able bodied men, such as mechanics and laborers. We shall settle in Central America, in the province we find to be the most promising, where neither the government nor people are unwilling to receive us.” And further below, “We intend to land at Chiriqui, New Granada, and also to visit the numerous islands, and perhaps the countries of Venezuela and Honduras.”
Relying on the aforesaid assurances and upon the good faith and integrity of the government of the United States, and as I cannot doubt the authenticity of the aforesaid pamphlet, I have no other alternative left but to attribute it, notwithstanding the high position of Mr. Pomeroy, to a misunderstanding on his part of the nature of his mission and of his instructions, or to an inexplicable hallucination which makes him feign not to understand them and to counteract them by embarking upon an expedition in every way aggressive and illegal, against which your excellency knows a protest has been made from the beginning in various forms, in the name of Costa Rica, Nicaragua, Honduras, Guatemala, Salvador, and New Granada.
It is not doubtful that all the Hispano-American States, maintaining in its just and genuine acceptance the celebrated declaration of President Monroe, in his message of the 3d of December, 1822, will second, on this occasion, the attitude of the States enumerated, and will defend, with that statesman, as a principle which affects the rights and interests of all those of this continent, that the territory of none of them, from the free and independent condition into which they have constituted themselves, must not in any event be considered as unoccupied, nor subject to be colonized by any foreign power whatever; and that every attempt, in a contrary sense, will be viewed as dangerous to the peace, security, and independence of the same States.
I have this very day received positive instructions from the governments which I have the honor to represent, to insist upon this point, and to protest, as I do solemnly protest, in the language of the minister of foreign relations of Costa Rica, against the speculations and pretensions upon the isthmus of Chiriqui of Mr. Ambrose W. Thompson; against every attempt to avail of them to acquire rights which he has not, and cannot cede, in disregard of those of the sovereignty of Costa Rica, to found colonies or any other enterprise whatever; and that the republics which I represent are determined to repel with all their power the establishing upon their territory of independent, semi-independent, colonies, or which can pretend in the least manner to depend upon foreign governments.
And, following the spirit of my instructions, with reference to the undertaking announced by the honorable Senator Pomeroy, I also solemnly protest against it in the name of Costa Rica, Nicaragua, and Honduras, denouncing it as aggressive, illegal, and menacing to their tranquility, integrity, and independence, and dangerous to the peace and good relations which they desire to cultivate with the United States; and in the name of so many and such great interests as it compromits, I conjure your excellency to interpose, in order that the [Page 903] necessary orders be given to prevent the projected expedition and any other similar ones, and to cause the failure of the plan which I denounce.
I flatter myself that your excellency, who is so jealous of the good name and justification of the United States, compromitted to its sorrow in former times, will not hesitate to obtain and to issue, with the necessary promptness, the orders which I solicit; and it gives me pleasure to acknowledge even now that they will be the natural consequence of the true policy of the present administration, as it has been so ably expounded by your excellency; a policy of equity and benevolence which has never been wanting in the relations with which the undersigned is charged.
With these sentiments I have the honor to renew the assurances of high consideration and distinguished esteem with which I subscribe myself your excellency’s very obedient servant.
Hon. William H. Seward, Secretary of State of the United States, Washington.