Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress

[Extract.]

Mr. Riotte to Mr. Seward.

No. 148.]

Legation of the U. S. of America, Costa Rica, San José, May 25, 1866.

Sir: I have the honor of acknowledging the receipt with the mail, of the loth instant, of a copy of the President’s proclamation of April 2d, last, declaring the insurrection at an end in certain States of the Union, and of a copy of the circular of the 1st instant.

By enclosure 1, I beg leave to submit copy and translation of a note of this government of 22d instant, complaining of an attempt on the part of the Central American Transit Company to turn the waters of the Colorado river, the exclusive property of Costa Rica, into the lower San Juan river, informing me of the steps taken to counteract such attempt, and suggesting my intervention for the same purpose with said company. Enclosure 2 contains my answer; and enclosure 3, translation of those portions of the boundary treaty of April 15th, 1858, between Costa Rica and Nicaragua, on which the decision of the question at issue may depend. I have also forwarded to Mr. Dickinson, in Nicaragua, a copy of the government’s note, yet without venturing to suggest any action on his part. Inasmuch as hitherto neither certain facts have been substantiated by the government nor their unlawful character been shown, nor any hints have been given as to the particular spot or spots on which those attempts are said to have been made, I do as yet not feel warranted to expres an opinion; but knowing, on the other hand, that this government is fully determined to resort eventually to extreme measures, I would not lose a mail in advising you of a state of affairs which is very likely not only to involve interests of American citizens, but the peaceable relations between two republics.

* * * * *

I have the honor to be, your obedient servant,

C. N. RIOTTE.

Hon. William H. Seward, Secretary of State, Washington, D. C.

No. 1.

[Translation.]

Mr. Volio to Mr. Riotte.

Palacio Nacional, San José, May 22, 1866.

According to information just received by the government of this republic, the Central American Transit Company, established in Nicaragua by the contract of November 10, 1863, has recently determined upon restoring to the lower San Juan river the waters that now the Colorado carries off, which latter runs through Costa Rica territory, by giving them back to the old channel, in order to render this part of the river deeper, and to procure the re establishing of the port by means of the increased volume and velocity of the waters of San Juan river.

Although the company assures that it is not its intention to obstruct, or even to impair the condition of Colorado river, still this seems impossible, inasmuch as the plan is to increase at its expense the waters of the San Juan, thus destroying the natural and legitimate title acquired by Costa Rica to these waters by slow accession.

Difficult as it may seem to believe an act which by its nature must be ranked among the attacks upon the integrity and sovereignty of the republic, the government, jealous of its rights and bound to maintain them in perfect integrity, has ordered a commissioner to examine the said Colorado river and its channels, who, in case he finds actually works being constructed with the view of deteriorating said river, is duly to protest with the persons undertaking them, and after having used persuasion in vain, is to expel them by force.

Since it might be possible that your intervention with the company may dissuade it from the attempt it intends to carry out, the President of the republic has deemed it advisable to inform you of the fact referred to, as well as of the measures taken to stop it, and its firm resolution to repel every unauthorized aggression within the limits of the republic.

Complying with the wishes of the President, I avail myself, &c.

JULIAN VOLIO.

Hon. C. N. Riotte, &c., &c., &c.

No. 2.

Mr. Riotte to Mr. Volio.

Legation of the United States of America in Costa Rica, San José, May 24, 1866.

I have been honored by the receipt of your note of the 22d instant, concerning the asserted attempt of the Central American Transit Company to turn the waters of the Colorado into the lower San Juan river, in order to render this again navigable and to reopen the port of San Juan del Norte, informing me of the measures taken by your government to prevent such attempts “upon the integrity and sovereignty of the republic” being carried out, and suggesting that an intervention on my part may have the effect of dissuading said company from continuing the attempt.

Thanking you for this important communication, I beg to inform you that I consider it my duty to bring the subject, the gravity of which for this republic I am not inclined to undervalue, immediately to the knowledge of my government and to that of my colleague, Mr. Dickenson, in Nicaragua. Under the circumstances of the case I very much doubt whether a direct intervention with the company on my part would be either advisable or effective.

I have the honor, sir, &c.,

C. N. RIOTTE.

Hon. J. Volio, &c., &c., &c.

No. 3.

Extracts from the boundary treaty between Costa Rica and Nicaragua, April 15, 1858.

[Translation.]

“Article 2. The dividing line between the two republics, beginning at the Sea of the North, (Caribbean,) shall commence in the extremity of Castillo Point in the mouth of San Juan river, and shall run up with the right bank of said river till to a point three English miles from Castillo Viejo. * * * * * * * *

“Art. 4. The bay of San del Norte, like that of Salinas, shall be common property of both republics.

“Art. 6. The republic of Nicaragua shall have exclusive dominion and summum imperium over the waters of San Juan river from its issue out of the lake till to its mouth into the Atlantic; but the republic of Costa Rica shall possess in said waters forever the right of free navigation from said mouth up to within three miles of Castillo Viejo.”