The parties are to be heard by the arbitrator, and the sentence is to be
pronounced within ten months from the acceptance of the position by the
arbitrator. Both parties bind themselves to submit to the decision, and the
status quo is to be preserved until the decision
is formally made.
The selection of the arbitrator does not indicate a very favorable feeling
towards the United States by the plenipotentiary of Colombia, at whose
instance, as I am informed, the nominations were made.
[Inclosure in No.
145.—Translation.]
Copy of convention between Costa Rica and the United
States of Colombia.
Thomas Guardia, General of Division
and President of the Republic of Costa Rica.
Whereas the Grand National Council has decreed the following:
No. 8.
The Grand National Council of the Republic of Costa Rica:
Considering—
That between the respective plenipotentiaries of Costa Rica and the
United States of Colombia has been concluded and signed in this city, on
the 24th of the present month, the convention, which, submitted by the
executive power to the deliberation of this high chamber, word for word,
is as follows:
The Republic of Costa Rica and the Republic of the United States of
Colombia, equally animated by the sincere desire of maintaining and
consolidating their amicable relations, convinced that to obtain this
benefit, so important to their prosperity and good name, it is necessary
to remove the only source of the difference existing between them, which
is no other than the question of boundaries, that is foreseen in
articles 7 and 8 of the convention of the 15th of March, 1825, between
Central America and Colombia, has been since that time the object of
divers treaties between Costa Rica and Colombia, none of which were
ratified; and both nations understanding that this antecedent counsels
the adoption to-day of other means, more expedient, prompt, and sure of
terminating the aforesaid question of boundaries by means of the
designation, in perpetuity, of a dividing line, clear and
incontrovertible, for the whole extent in which their respective
territories are contiguous; in consequence, the president of the
Republic of Costa Rica, by virtue of the powers invested in him, has
conferred full powers on his excellency Dr. José Ma. Castro, secretary
of state and of the department of foreign relations, and the President
of the United States of Colombia, specially and fully authorized by the
legislative chambers of that nation, on the Hon. Dr. José Ma. Quijano
Otero, chargé d’ affaires near this government, who, after having
mutually communicated their respective full powers, and finding them in
good and due form, have agreed upon the following articles:
-
Article 1. The Republic of Costa
Rica and the United States of Colombia agree to submit to
arbitration the question of boundaries existing between them,
and the designation of a line which shall divide forever and
with all clearness the territory of the first from the territory
of the second, each one remaining in full, quiet, and peaceful
dominion with respect to each other of all the lands left on its
side of the aforesaid line, which shall remain without special
charge or grievance whatever in favor of the other.
-
Art. 2. The arbitrator who shall be
pleased to accept the charge stipulated in the preceding article
shall, in order that the decision may be binding, complete its
duties [Page 101] within the
period of ten months, dating from the period of his acceptance,
and this notwithstanding either of the high contracting parties
shall fail to be present to maintain his rights by means of a
representative or attorney.
-
Art. 3. In order that the acceptance
of the arbitrator may be held to be duly notified to the high
contracting parties, and that these may not be able to allege
ignorance thereof, it shall suffice that it be published in an
official periodical of the nation of the arbitrator or in that
of either of the high contracting parties.
-
Art. 4. The arbitrator having heard
by oral or written argument the parties or party presenting, and
having considered the documents that they may produce or the
arguments they may make, shall emit his decision without other
formality, and this decision, whatever it may be, shall be held
immediately as a compact concluded, perfect, obligatory, and
irrevocable, between the high contracting parties, who renounce
formally and expressly all reclamation of whatever nature
against the decision of the arbitrator, and oblige themselves to
respect and fulfill it immediately, faithfully, and forever,
pledging to this the national honor.
-
Art. 5. In consonance with the
preceding articles and for their execution the high contracting
parties name as arbitrator His Majesty the King of Belgium; in
the unlooked for case that he shall not choose to accept. His
Majesty the King of Spain, and in the event, equally unlooked
for, that he shall also refuse, His Excellency the President of
the Argentine Republic; in all of whom the high contracting
parties have, without any difference whatever, the most
unlimited confidence.
-
Art. 6. That one of the high
arbitrators named who may come to exercise the arbitration may
delegate his functions, not failing to intervene directly in the
pronunciation of the definitive sentence.
-
Art. 7. If, unfortunately, none of
the high arbitrators named can lend to the high contracting
parties the eminent service of accepting the charge, they, by
common agreement, shall make new nominations, and so
successively until some one shall take effect, for it is agreed,
and hereby formally stipulated, that the question of boundaries
and the designation of a dividing line between the limiting
territories of Costa Rica and Columbia shall never be decided by
other means than the civilized and humane one of arbitration,
preserving in the mean time the statu quo
agreed on.
-
Art. 8. The present convention shall
be submitted to the approbation of the Grand National Council in
the Republic of Costa Rica and of the legislative chambers in
that of Colombia, and shall be exchanged in the city of Panama
within the shortest time possible.
In testimony whereof the plenipotentiaries above mentioned sign and affix
their respective seals to two originals of the present convention.
Done in the city of San
José, capital of the Republic of Costa Rica, on
the twenty-fifth of
December, one thousand eight hundred and
eighty.
| [seal.] |
JOSÉ M. CASTRO |
| [seal.] |
J. MA. QUIJANO OTERO. |
National palace in San José, twenty-seventh of
December, one thousand eight hundred and eighty.
Finding the foregoing convention arranged in all its parts according
to the instructions given to the plenipotentiary, who has adjusted
it on the part of this republic, let it pass to the Grand National
Council for the fulfillment of article 8.
The secretary of state in the department of foreign relations.
Considering that this convention is correct in its form, reasonable
and equitable in its foundation, and evidently useful and necessary
to the two contracting nations,
Decree.
Sole article. Let the above convention be
approved and ratified in all its parts, which shall have the force
of law when they shall have been exchanged in due form.
To the executive power.
Done in the hall of sessions in
San José, on the thirtieth of December, one thousand
eight hundred and eighty.
- BRUNO CARRANZA,
President.
- JESUS SOLANO,
Secretary.
Therefore—
Let it be executed.
Presidential palace, San
José, December thirtieth, one thousand eight
hundred and eighty.
T. GUARDIA.
The secretary of state in the department of foreign relations.
