I avail myself of the opportunity to reiterate the assurances of
distinguished consideration with which I am your excellency’s very
obedient servant.
His Excellency William H. Seward,
Secretary of State of the United States.
[Translation.]
National Palace,
Managua,
September 11, 1862.
Mr. Minister: The president of the republic
to its inhabitants: Considering the necessity of putting the
republic on its guard against the inconveniencies and dangers which
in all time, and especially under present circumstances, may happen
to it from emigration from abroad without the precautions which are
observed by civilized nations in similar cases, in the use of his
extraordinary powers in the department of police decrees:
Art. 1. From and after the last day of
November next the commanders of ports and prefects of the frontiers
of Nicaragua shall not permit any foreign persons who have not
previously settled in the republic to go into the interior, unless
they present a passport from the respective ministers or consuls
thereof at the ports or places of their departure, in which passport
is to be given the name and surname of the person in whose favor it
is issued, his profession or trade, the purpose for which they come
and their nationality, the signature of the minister or consul and
the seal of the republic.
Art. 2. The ministers or consuls of the
republic, in issuing these passports, will observe the following
rules: 1st. The treaties of Nicaragua with any nations, and
reciprocal privileges to the respective subjects or citizens. 2d.
That they who solicit the passport are not discharged criminals, and
that if they have no money they are not, on the other hand, beggars,
or sick or crippled persons, who come to rely on public charity, and
that neither are they men without profession or trade, vagabonds, or
persons badly provided for. 3d. That neither are they freed negroes
or other degraded caste of people, unless they have a
[Page 907]
special permission for
themselves or on account of others to go into the interior. 4th.
That in case of coming with a design to colonize, they must have
permission from the government, ratified by the chambers, and must
in nowise be under the protection of another government.
Art. 3. In order that this decree may reach
the knowledge of all persons who may be interested in it, the
ministers of this republic at foreign courts, to whom it will be
immediately communicated, shall make it known to those of the
respective nations and shall procure its publication in the
principal newspapers, communicating it to the consuls of the
republic, and appointing them at places where there are none and
where they may deem them necessary.
Art. 4. With the same object, the list of
our consuls abroad and of those who may be newly appointed, shall be
communicated to the commanders of our ports and to the prefects on
the frontiers.
Art. 5. Central Americans and Spanish
Americans only will be permitted to go to the interior on a passport
of the respective port or frontier authorities, which will be issued
in the same form and under rules 1st and 2d of art. 2.
Art. 6. Notwithstanding all that is
hereinbefore provided, persons who go into the interior of the
territory of the republic by evading the foregoing provisions or by
practicing deception in regard to their place of departure,
nationality, profession, trade, or purpose for which they come, will
be liable to be sent out of the country at their own cost and to
other proceedings to which their acts may have given rise; to which
intent the authorities of the frontiers who may give or issue
passports will make a list, setting down the circumstances that the
passports ought to contain; which list they will transmit at the
first opportunity to the ministry of the interior, and said ministry
will cause it to be published in the official newspaper for the
knowledge of the local authorities.
Art. 7. When the transit from one ocean to
another is open, nothing of what is hereinbefore provided shall
include passengers, but only those persons who come to go into the
interior or to reside in the republic, and the company cannot leave
them on our territory except upon those conditions, but must carry
them away in the same vessels which brought them.
Given at Managua, on the 11th of September, 1862.
THOMAS MARTINEZ.
And I communicate it to your excellency for your knowledge and for
fulfilment so far as your excellency is concerned, the honor
befalling me of subscribing myself your excellency’s obedient
servant.
His Excellency Señor Don Luis Molina,
Minister Plenipotentiary of Nicaragua,
&c., &c., &c.