Mr. Riotte to Mr. Seward.
Sir: On the 24th of last month Mr. Volio communicated to me that the government of Peru had requested his government to join the offensive and defensive alliance, recently entered into by it with the government of Chili, against [Page 436] Spain. He added that his government was disinclined to comply with the request, but that its situation was particularly embarrassing, inasmuch as this country owed gratitude to Peru for her generous aid with funds at the time of the war with Walker, when Peru alone came to her assistance, and inasmuch as the government as well as the people of Costa Rica sympathized sincerely with their sister republics, so wantonly attacked by Spain, while, on the other hand, his government hesitated to embark upon a course which might lead to a rupture with Spain. He requested me, on behalf of his government, to give him my view on this perplexing question. I begged him to let me have the documents forwarded by Peru, which consisted of a lengthy note of the minister of foreign relations, T. Pacheco, in which the aggressive course of Spain against American republics is recapitulated, a second despatch from the same authority containing in few words the request to join the alliance, and a number of the Panama Star with the treaty referred to.
After due consideration, I stated in a subsequent interview to Mr. Volio that I did not know whether Costa Rica had recognized the present government of Peru, but that assuming this to be the case, it seemed to me as if the following considerations ought to govern the course of this government, viz:
1. The government of Peru solicits Costa Rica to join the offensive and defensive alliance entered into between it and Chili, without previous negotiations.
2. Article 2 of the treaty of alliance stipulates: “The republics of Peru and Chili contract for the repulsion of the present aggression of the Spanish government and of any subsequent by the same government against any one of the South American republics;” thus plainly stating that the alliance was exclusively directed against Spain, and meant to protect but the South American republics.
3. Under these circumstances, and considering that Peru and Chili were actually engaged in hostilities with Spain, viewing the situation either by the light of well-established principles of international law, or in that of the intent and necessary consequences of joining the alliance, there could not exist the least doubt that such joining would be equivalent to a declaration of war on the part of Costa Rica against Spain. The following objections against that course I considered decisive:
1. According to the treaty between Costa Rica and Spain, of May 10th, 1850, article 16, No. 2, either contracting party is bound, previou3 to declaring war to the other, to present a memorial of her grievances. Now, if it may be a question to be considered by the government of Costa Rica whether, resting upon this stipulation, it might and should not represent to the government of Spain, in a respectful but frank manner, the apprehensions awakened throughout Spanish America, and with the people of Costa Rica in particular, by the course adopted by that power against the sister republics of Peru and Chili. Yet even that course was no cause for justifying a declaration of war on the part of Costa Rica.
2. According to Tit. VIII, section 1, article 69, Nos. 4 and 6, of the constitution of Costa Rica, “the approval of treaties, &c., and of whatever agreements arising in foreign affairs, and the authority for the executive to declare war,” are reserved to the national Congress, so that this government, in the absence of Congress, could not comply with the request even if it were disposed to do so.
Looking at the question from a practical stand-point, the joining of Costa Rica would tender to either Peru or Chili not a particle of aid, while it would expose her to all evils of war.
In conclusion, I recommended to let the answer of this government be a frank, calm, and clear statement of facts, as well as of the opinion entertained both by the government and people of Costa Rica on this question, and an acknowledgment of this country’s obligation towards Peru, and of the unity of interest among the Spanish American republics against unwarranted attacks by European monarchies, expressing the willingness of this country to co-operate with such [Page 437] means as are at her disposal, and gave promise of rendering service to the common cause, which cause, though, could in no way he advanced by an act that would involve Costa Rica in war with a great power, to which she could offer no resistance, and in which conflict she would risk her welfare, if not her independence.
Mr. Volio cordially thanked me for the advice, and said that it coincided entirely with his own views. Few days after he read to me the draught of his answer.
Let me hope, Mr. Secretary, that my proceedings, on which, from the urgency of the case, I was not able to consult you, may meet your approbation.
I have the honor to be, sir, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.