The object of the convention, as stated in the preamble, “is to submit to the
arbitration of the Government of the United States the question between them
in regard to the validity of the treaty of the 15th of April, 1858.”
Article 11 stipulates for an exchange of ratifications on the 30th of June,
1887, or sooner if possible. This postponement is precisely what the
Nicaraguan Government wished to avoid; it has been conceded on the ground
that the Costa Rican Congress does not meet until the 1st of May next. It is
no unusual event in any of these states that a special session of Congress
is called at a few days’ notice for matters of much less importance.
Within sixty days after the exchange of the ratifications the two Governments
will solicit of the arbitrator his acceptance of the appointment. It is
probable, therefore, that this solicitation will not reach the Department
before the month of July next.
In the interval the Costa Rican Government consents, as stipulated in Article
9, to suspend the effect of its decree of the 16th of March last, concerning
the navigation of the San Juan River by a Costa Rican steamer. I inclose a
translation of the decree referred to, which has been the immediate cause of
the present difficulties.
[Inclosure 1.—Translation.]
Convention between the Governments of Nicaragua and
Costa Rica to submit to the arbitration of the Government of the
United States the question in regard to the validity of the treaty
of 15 April, 1858.
The Governments of the Republics of Nicaragua and Costa Rica ‘desiring to
terminate the question debated by them since 1871, to wit:
Whether the treaty, signed by both on the 15th day of April, 1858, is or
is not valid, have named, respectively, as plenipotentiaries, Señor Don
José Antonio Roman, envoy extraordinary and minister plenipotentiary of
Nicaragua, near the Government of Guatemala, and Señor Don Ascension
Esquival, envoy extraordinary and minister plenipotentiary of Costa Rica
near the same Government, who having communicated their full powers,
found to be in clue form, and of conference with the mediation of the
minister for foreign affairs for the Republic of Guatemala, Dr. Don
Fernando Cruz, designated to interpose the good offices of his
Government, generously offered to the contending parties and by them
gratefully accepted, have agreed to the following articles:
(1) The question pending between the contracting Governments, in regard
to the validity of the treaty of limits of the 15th of April, 1858,
shall be submitted to arbitration.
(2) The arbitrator of that question shall be the President of the United
States of America. Within sixty days following the exchange of
ratifications of the present convention the contracting Governments
shall solicit of the appointed arbitrator his acceptance of the
charge.
(3) In the unexpected event that the President of the United States
should not be pleased to accept, the parties shall name, as arbitrator,
the President of the Republic of Chili, whose acceptance shall be
solicited by the contracting Governments within ninety days from the
date upon which the President of the United States may give notice to
both Governments, or to their representatives in Washington, of his
declination.
(4) If, unfortunately, the President of Chili should also be unable to
lend to the parties the eminent service of accepting the charge both
Governments shall come to an agreement for the purpose of electing two
other arbitrators within ninety days, counting from the day on which the
President of Chili may give notice to both Governments or their
representatives, in Santiago, of his non-acceptance.
(5) The proceedings and terms to which the decisions of the arbitrator
are limited shall be the following:
Within ninety days, counting from the notification to the parties of the
acceptance of the arbitrator, the parties shall present to him their
allegations and documents. The arbitrator will communicate to the
representative of each Government, within eight days after their
presentation, the allegations of the opposing party, in order that the
opposing party may be able to answer them within the thirty days
following that upon which the same shall have been communicated.
The arbitrator’s decision, to be held valid, must be pronounced within
six months, counting from the date upon which the term allowed for the
answers to the allegations shall have expired, whether the same shall or
shall not have been presented.
The arbitrator may delegate his powers, provided that he does not fail to
intervene directly, in the pronunciation of the final decision.
(6) If the arbitrator’s award should determine that the treaty is valid,
the same award shall also declare whether Costa Rica has the right of
navigation of the river San Juan with vessels of war or of the revenue
service. In the same manner he shall decide, in case of the validity of
the treaty, upon all the other points of doubtful interpretation which
either of the parties may find in the treaty, and shall communicate to
the other party within thirty days after the exchange of the
ratifications of the present convention.
(7) The decision of the arbitrator, whichsoever it may be, shall be held
as a perfect treaty and binding between the contracting parties. No
recourse whatever shall be admitted, and it shall begin to have effect
thirty days after it shall have been notified to both Governments or to
the representatives.
(8) If the invalidity of the treaty should be declared both Governments,
within one year, counting from the notification of the award of the
arbitrator, shall come to an agreement to fix the the dividing line
between their respective territories. If that agreement should not be
possible they shall, in the following year, enter into a convention to
submit the question of boundaries between the two Republics to the
decision of a friendly Government.
From the time the treaty shall be declared null, and during the time
there may be no agreement between the parties, or no decision given
fixing definitely the rights of both countries, the limits established
by the treaty of the 15th of April, 1858, shall be provisionally
respected.
[Page 91]
(9) Meanwhile, the question as to the validity of the treaty shall not be
decided. The Government of Costa Rica consents to suspend the observance
of the decree of the 16th of March last as regards the navigation of the
river San Juan by a national vessel.
(10) In case the award of the arbitrators should decide that the treaty
of limits is valid, the contracting Governments, within ninety days
following that upon which they may be notified of the decision, shall
appoint four commissioners, two each, who shall make the corresponding
measurements of the dividing line, as provided for by Article 2 of the
referred to treaty of 15th April, 1858.
These measurements and the corresponding landmarks shall be made within
thirty months, counting from the day upon which the commissioners shall
be appointed. The commissioners shall have the power to deviate the
distance of one mile from the line fixed by the treaty, for the purpose
of finding natural limits or others, more distinguishable. But this
deviation shall be made only whoa all of the commissioners shall have
agreed upon the point or points that are to substitute the line.
(11) This treaty shall be submitted to the approval of the Executive and
Congress of each of the contracting Republics, and their ratifications
shall be exchanged at Managua or San José de Costa Rica on the 30th of
June next, or sooner, if possible.
In testimony of which the plenipotentiaries
and the minister of foreign affairs of Guatemala have signed and
sealed with their private seals, in the city of
Guatemala, this 24th day of December,
1886.
- J. Antonio Roman.
- Ascension Esquivel.
- Fernando Cruz.
