Señor Peralta to Mr.
Gresham.
Legation of
Costa Rica.
Washington, May 16,
1893.
Dear Mr. Gresham: I have the honor to furnish you
with a copy and translation of the royal order of San Lorenzo, November
20–30, 1803, and of some royal orders and a law of the Spanish Cortes
ignoring or meaning abrogation of the first on the well-known principle that
“Leges posteriores priores contrarias abrogant.”
As regards Costa Rica not being a part of the Mosquito coast, in the correct
geographical and lawful sense of that word, she never fell under the
provision of the royal order of 1803.
Yours, very respectfully,
[Royal order of San
Lorenzo.—Translation.]
Royal
order of San Lorenzo, November 30, 1803.
Excellency: Señor Don José Antonio Cabellero
tells me in note of the 20th instant, the following:
“The King has decided that the Islands of San Andrñs and the part of the
Mosquito coast from Cape Gracias á Dios, inclusively, towards the River
Chagres be separated from the captaincy general of Guatemala and he
dependent of the viceroyalty of Santa Fé, and His Majesty has been
pleased to grant to the governor of the aforesaid islands, Don Tomás
O’Neill, the salary of 2,000 hard dollars instead of the $1,500 which he
now enjoys. I inform your excellency by royal order to the intent that
by the ministry under your charge may be issued the corresponding orders
in fulfillment of this sovereign resolution.”
Which I transmit to your excellency by Hi’s Majesty’s command for its due
fulfillment.
May God save your excellency for many years.
Señor Viceroy of Santa Fé.
[Royal order of August 8, 1804, approving
the appointment by the president captain-general of Guatemala of a
collector of customs at the port of San Juan de
Nicaragua.—Translation.]
His excellency, the secretary of state and finance, in royal order of
August 8, 1804, tells me the following:
“The King has approved the creation accorded by that superior junta*
of a place of collector of customs (guarda) at the port of San Juan de
Nicaragua with a yearly salary of $200, which you report, with
documents, in letter of last April 3, No. 467.”
Which I transmit to you for your knowledge and that you may propose for
the appointment, as the place is vacant.
God save you for many years.
Royal palace
(Guatemala), April 2, 1806.
Antonio Gonzalez.
To the Collector-General of Guatemala.
Reply of the President of Guatemala.
Guatemala, January 3,
1805.
Excellency: I remain informed of what your
excellency is pleased to communicate to me in royal order of last August
8 upon His Majesty having deigned to approve the appointment of a
customs collector for the port of San Juan, whose royal decision I have
transmitted to the governor intendent of that province (Nicaragua and
Costa Rica) for his knowledge and fulfillment.
God save your Excellency for many years.
His excellency Secretary of State and
Finance.
[Page 287]
[Royal order on the navigation of river San
Juan de Nicaragua and settlement on the Mosquito coast under the
authority of the captain general of
Guatemala.—Translation.]
The King has been informed of what you state in your letter of January 3,
1806, No. 609, as well as in your No. 602, of the 18th of June, of the
same year, accompanying the documents respecting the navigation and
commerce of the river San Juan de Nicaragua, proposing that it should
continue open as a port of entry, and that for the advancement of the
interests of the adjoining country, by clearing and cultivation of the
lands, the same privileges should be granted to its inhabitants which
were allowed by the royal order of November 20, 1803, to the new
settlers on the Mosquito coast,” exempting them also from duties and
tithes for ten years on all the productions of the lands within ten
leagues of the river on either of its margins; and the King, being
minutely informed on the subject, has been pleased to agree to the
measures proposed by you, and has moreover resolved that endeavors
should be made to settle a colony (poblacion) not exceeding 300
inhabitants in the vicinity of said river of Nicaragua. Finally, His
Majesty has resolved to submit for examination to the superior committee
on royal finance your proposal to the end that on the minor ports of
that kingdom may be exacted the custom duties on foreign goods imported
through them and that you report with full testimony so as to be enabled
to dictate the convenient sovereign resolution.
All which I communicate to you by royal order for your knowledge and
fulfillment.
May God save you for many years.
[Decree CVIII of December 1, 1811, opening
the port of Matina on the Atlantic coast of Costa
Rica.—Translation.]
The Cortes general and extraordinary, wishing to promote the welfare of
the Spaniards in all the countries of the monarchy on both hemispheres,
decree: Let the port of Matina, on the north of Costa Rica, be open (to
commerce) and let it be granted to those inhabitants the privilege for
ten years of exemption of duties on the fruits and products of the
country that may be exported through the same port.
Let it be understood by the council of regency, who shall order it to be
fulfilled, printed, published, and circulated.
Given at Cadiz on
the 1st of
December, 1811.
- José,
Bishop Prior of Leon, President.
- Juan de Balle,
Deputy Secretary.
- José Maria Calatrava,
Deputy Secretary.
To the Council of Regency.
Note.—The port of Matina was discovered and
open to traffic in 1536 by the governor of Costa Rica, Don Gregorio
de Sandoval, and some commerce was carried on through that port with
Portobello, Cartagena, and Vera Cruz. In 1787 the King, Charles III,
granted by royal order of May 1 the privilege for three years of
exemption of duties on all the fruits from Costa Rica imported to
Cartagena (New Granada) through the port of Matina. This privilege
was prorogued for three years more by royal order of May 14,
1791.
By economical and military reasons the port of Matina was closed to
traffic with other ports of the Spanish Main until by the Decree of
December, 1811, was reopened and allowed the privilege of free
export trade for ten years, without having ever, neither before nor
after the issue of the royal order of 1803, fallen under the control
or jurisdiction of the vice-royalty of Santa Fé.
