The Congress of Costa Rica is now in session, and will no doubt ratify the
treaty. An extra session of the Nicaraguan Congress has been called for the
same object, to meet on the 1st proximo. I understand that the treaty meets
with opposition, but the general belief is that it will be ratified.
[Inclosure.]
Convention of the 26th July, 1887, between Nicaragua and Costa Rica.
The Presidents of Nicaragua and Costa Rica, desiring to terminate all
questions pending between the two Republics, after having conferred
together in presence of their respective ministers for foreign affairs,
have agreed to the following articles:
Article 1.
The Government of Nicaragua withdraws its objections touching the
validity of the boundary treaty with Costa Rica of the 15th April, 1858,
and on its part will obtain a second ratification thereof from the
Nicaraguan Congress, which it maintains is indispensable.
Article 2.
With the object of making the river San Juan navigable at all seasons,
the Government of Costa Rica consents to the diversion of the waters of
the Colorado into the San Juan as far as may be necessary, and to the
construction of the works required to effect such diversion.
Article 3.
The Government of Costa Rica will contribute one-fourth part of the cost
of the improvement of the San Juan River between the Colorado and the
Bay of San Juan del Norte. When the works shall commence the contracting
Governments shall appoint a professional commission to determine what
may be essential and to make an estimate of the cost. When the amount
estimated shall have been ascertained the contracting Governments shall
agree as to the appropriation of the funds and the disbursements
thereof.
[Page 141]
Article 4.
Nicaragua concedes to Costa Rica in perpetuity for commercial purposes
the right of free navigation in Lake Nicaragua and in that part of the
San Juan River from which she is now excluded. Notwithstanding, the
special privilege granted to F. A. Pellas on the 16th March, 1877, for
navigating those waters by steamers, shall be respected.
Article 5.
Costa Rica has the right to participate in the profits of the
interoceanic canal that may be constructed on the line of the San Juan
River, but, in regard to the share of such profits which Costa Rica
shall receive, the contracting Governments shall submit the matter to
the decision of an arbitrator, who shall decide in view of the route
definitely adopted, and taking into consideration, on the one hand, the
lands and wafers which Costa Rica gives to the enterprise, and, on the
other hand, the lands, waters, and rights which Nicaragua
contributes.
When the route of the canal shall have been definitely adopted the two
Governments, at the instance of either, shall come to an agreement for
the appointment of an arbitrator, and the conditions and proceedings to
be observed during the arbitration.
Costa Rica accepts, on her part and in all that relates to her rights,
the concession made by Nicaragua to the “Nicaragua Canal Company,” by
contract of the 23d of March, 1887.
Article 6.
The points of doubtful interpretation in the treaty of 1858 thus far
presented are decided as follows:
- (1)
- The “Punta de Castilla” shall at present be taken to be the
extremity of the right bank of the mouth of the San Juan River
nearest to the port of San Juan del Norte. When the improvement
referred to in Article 2 shall have been carried out “Punta de
Castilla” shall be understood to be the extremity of the right
bank of the San Juan River as the improvement leaves it.
- (2)
- The central point of the bay of Salinas shall be fixed by the
intersection of its two axes, major arid minor.
- (3.)
- The right conceded to Costa Rica to navigate the San Juan
River from its mouth to 3 miles below Castillo Viejo, for
commercial purposes, does not include the right of navigation by
vessels of war and revenue exercising jurisdiction.
Article 7.
Nicaragua may freely grant concessions for a canal or transit route when
such concessions do not prejudice the rights of Costa Rica, without
awaiting the consultative vote referred to in Article 8 of the treaty of
1858, which consultative vote Costa Rica hereby renounces.
Article 8.
The revenue vessels of Costa Rica conveying customs guards to any point
of the right bank of the San Juan River within Costa Rican territory, or
to Rio Frio, or conveying supplies to the customs guards there
established, may pass through Nicaraguan waters as long as they do not
exercise therein any act of jurisdiction.
Article 9.
In order to make the necessary measurements to fix the boundary line and
to establish appropriate landmarks, the two Governments shall, within
six months from the exchange of the ratifications of this treaty,
appoint their respective commissions in such form as they shall agree
upon. The measurements and the landmarks shall be concluded within ten
years, counting from the appointment of the commission.
Article 10.
This treaty shall be submitted to the approbation of the Congresses of
both Republics, and the ratifications thereof exchanged in San José,
Costa Rica, or in Managua, within one hundred and twenty days from the
date hereof, or earlier if possible.
Until this treaty shall have been so ratified the arbitration convention
between the two Republics, signed at Guatemala the 24th December, 1886,
shall remain in force and vigor.
In faith of all which, the said Presidents
of Nicaragua and Costa Rica sign and seal these presents in
duplicate, together with their respective ministers for foreign
affairs, in the city of Managua, the 26th day of July, A.
D. 1887.
- Bernardo Soto.
- Cleto Gonzalez Viguez.
- E. Carazo.
- Fernando Guzman.
