From the fact that these vessels are to sail under the Costa Rican flag, it
would seem that the exceptional privileges they enjoy are in conflict with
articles IV and V of the treaty of 1851, between the United
[Page 94]
States and that republic, which place the
vessels of both nations upon a footing of absolute equality in the ports of
each other. I respectfully invite the Department’s attention to the
translations, herewith inclosed, of the contract and decree referred to.
[lnclosure in No. 750.—Translation.—From La
Gaceta de Costa Rica, July 7, 1887.]
Contract between the Costa Rican Government and
Señor Terrés.
Apolinar de J. Soto, secretary of state in the department of war, duly
authorized, on the one part, and of the other part Pedro Torrés y Ruis,
of age, married, merchant, and resident of this city, have concluded the
following contract:
Article 1.
Señor Terras binds himself—
- (a)
- To establish between the port of Limon, of this republic, and
the European ports that may suit his interests, a regular and
constant service of transports by means of the sailing vessel
Anita, matriculated in this country,
and the other vessels of the same class that he may hereafter
choose to establish, with the object of conveying the products
of this republic to Europe and of bringing merchandise destined
to the same, at a reduced rate of freights, in benefit of the
commerce of this country.
- (b)
- To make a rebate of 25 per centum in the freight upon effects
for the government brought by his vessel.
- (c)
- Not to permit on board of his vessels the transportation of
troops or munitions of war to the territory of the republic
without the express consent of the government, nor to land any
arms or war materials in the ports of the nation unless coming
consigned to the government.
- (d)
- To place eight passages, annually, by his vessels going to and
returning from Europe to this republic and vice versa, at the disposal of the government.
- (e)
- To place his vessel or vessels at the disposal of the same
government, whenever solicited, at an equitable
remuneration.
Article 2.
The Government of Costa Rica, in conformity with the decree No. 30, of
the 4th instant, of the constitutional congress, concedes a rebate of 5
per centum from the custom duties upon the merchandise imported into the
country at the port of Limon by the vessel or vessels of Señor Terrés,
during the term of this contract; it being understood that inasmuch as
the said vessels sail under the flag of Costa Rica, they are exempted
from the payment of light and tonnage dues in conformity with Article 15
of the fiscal code.
Article 3.
The duration of this contract shall be for five years from the date of
its approval by the president of the republic; In case that Señor
Torrés, for any cause, should not be able to keep up the service during
the time stipulated, he shall give opportune notice thereof to the
government, so that it can decide as to the rescission of this
contract.
Article 4.
This contract may be transferred by the con tractor to any person or
company whatsoever, but to no foreign government.
In faith of which they sign the present contract in the national palace
at San José on the 6th day of July, 1887.
A. de J. Soto,
Pedro
Terrés.
Presidential Palace
San Jose, July 6, 1887.
The foregoing contract approved.
Soto.
[Page 95]
No. 55.
The constitutional congress of the Republic of Costa Rica, at the
solicitation of Don Pedro Terrés, and in use of the powers conferred by
the seventy-third article of the constitution,
decrees.
Only article.—The authorization given to the
executive power by decree No. 30, of the 4th instant, is hereby
amplified to the effect that the same concessions shall be granted to
the vessels owned by Señor Terrés which navigate the Pacific as have
been given to the vessels which he intends to establish on the Atlantic,
conditional with his rendering in compensation the same service to the
satisfaction of the executive.
To the executive power given in the hall of
sessions of the national palace at San José,
the 29th day of
July, 1887.
- A.
Esquivel,
President of Congress.
- Maximo
Fernandez,
Secretary.
- Manuel J.
Jimenez,
Proto.
Secretary.
Presidential
Palace,
San
José, July 30, 1887.
Let it be executed.
