Papers Relating to the Foreign Relations of the United States, 1894, With the Annual Message of the President, Transmitted to Congress, December 3, 1894
Mr. McKinney to Mr. Gresham.
Bogota, February 10, 1894. (Received March 9.)
Sir: I have the honor to inclose herewith further correspondence in regard to the boundary question between Colombia and Costa Rica.
The Colombian minister of foreign affairs is opposed to the appointment of a Colombian or Costa Rican legation to treat about the matter on account of the expense.
He sees no reason why the legations of their respective countries, at either Washington or Madrid, should not arrange this matter.
I am, etc.,
Mr. Jiménez to Mr. Suárez.
Costa Rica, San Jose, November 18, 1893.
Mr. Minister: The Government of Costa Rica has always desired, and still desires, to put a just and decisive end to the boundary dispute between the two Republics.
Urged not only by motives of mutual advantage to two neighboring states of common origin and of the same historical aspirations, but also by reasons of great economical importance, such as the removal of the obstacles which, on account of the existence of the dispute, drive away, up to a certain point, moral and material progress in the zones of the Atlantic and Pacific of both countries. To this end, every means compatible with the national honor has been tried. Its boundary treaties, its arbitration conventions, and its diplomatic correspondence prove my words.
With this understanding, and based upon the principles of justice which determine the validity of international acts, it has supported, in accordance also with the opinion of the Spanish Government, the judge of this lawsuit, the noncaducity of the arbitration convention celebrated by both States the 25th of December, 1880, and the additional convention of Paris dated January 20, 1886, in regard to which your excellency’s Government unexpectedly declared the authority of the arbitrator instable, when the decision, it may be said, was on the point of being given. Having stated my Government’s wishes, wishes which I sincerely trust are also your excellency’s, and the powerful reasons which led to them, I have thought it opportune to reply thus to the communications of your department of March 16, 1891, and September 6th of the present year, for any other reply could but give rise to long, and useless discussions between the two cabinets, without obtaining any practical results, or one mutually satisfactory.
In accordance, therefore, with these aspirations, the principal object of the present dispatch, the President of the Republic has instructed me to propose to the honorable and just Government of Colombia that the validity or nonvalidity of the above mentioned conventions be submitted to arbitration, during which time there is no objection to the appointment of a Costa Rican or Colombian legation, which, with the delegates of the respective Governments, shall try to draw up a boundary treaty, or an arbitration convention, and to decide upon the temporary frontiers of the two countries. With sentiments of high esteem and distinguished consideration, and awaiting your reply, in regard to the proposed point,
I have, etc.,
Mr. Jiménez to Mr. Sudrez.
Costa Rica, San Jose, November 20, 1893.
Mr. Minister: Amplifying the ideas contained in my note of the 18th of the present month, I have the honor to tell your excellency that this department has just received your excellency’s dispatch of March 16, [Page 183] 1891, in reply to my Government’s note proposing the adoption of a provisional frontier between Colombia and Costa Rica. Your excellency manifests in your letter the satisfaction with which your Government embraces the idea, but you state that the line which the “Castro Valenzuela” treaty established is not acceptable to Colombia; and propose in its stead the river “Doraces,” the mountain chain “Las Cruces,” and the river “Golfito.”
I have the honor to tell your excellency that the proposition which you make is full of obstacles which render it entirely unacceptable, for it would leave on the side of Colombia territories which belong to Costa Rica not only by right, but by act. Moreover, the question would still remain in regard to the great extension of territory, referring, as the said limit line does, to places about which no two maps agree. The circumstance that the proposition of your excellency’s Government was not acceptable to Costa Rica, and that, shortly after the receipt of your note of March 16, my Government learned that the “Colombian Yenezolana” boundary question had been settled by the Spanish Government, and that the said Government would immediately take up the boundary question between Colombia and Costa Rica, led my Government to suspend, as unnecessary, the discussion in regard to an agreement of a statu quo.
As the decision had almost been rendered, which would have definitely established the frontier line of our two countries, it was unnecessary to discuss longer a provisional arrangement which had only been commenced in the belief that the date of the final decision was exceedingly remote. Moreover, as the incident in regard to the validity of the time limit within which the Government of His Catholic Majesty was to try the boundary question between the two States according to the treaties in force, serves to prolong the decision in regard to the principal matter, my Government thinks that it would be very acceptable to appoint a Costa Rican or Colombian legation which could proceed to the business mentioned in my dispatch of the 18th of the present month.
I am, etc.,
Mr. Suárez to Mr. Jiménez.
Department of Foreign Affairs,
Bogota, January 4, 1894.
Mr. Minister: I have the honor to acknowledge the receipt of your excellency’s note of November 18, 1893, regarding the boundary question between Colombia and Costa Rica, a matter which has for some time occupied the attention of our two Governments. The Government of Colombia, as well as that of Costa Rica, has always desired and still desires to settle this matter in a just and decisive way. The same motives which animate your excellency’s Government in this matter, impel also the Colombian Government, for it is urged not only by motives of mutual convenience to the two States, but also by considerations of economical importance such as your excellency mentioned in the note which I now have the honor to answer. The Colombian Government finds itself in similar circumstances as regards Costa Rica, in all that relates to the means of accomplishing its wishes, in a friendly [Page 184] and just way, as is proved by the treaties and conventions concluded with this intention, and the correspondence exchanged with your excellency’s Government.
This correspondence, from its beginning up to the last notes addressed by this department to that under your excellency’s charge, evidently shows a desire to have the boundary question definitely and bindingly settled. For as soon as it became evident that the validity of the treaties was doubtful, the Government of the Republic hastened to mention it, at the same time inviting Costa Rica to renew the said compacts, and giving a practical proof of its desire to prevent the boundary decision from being null and void. Therefore, my Government is certain it has given the best practical proof of its desire for the settlement of this matter, for it has prevented useless work in the accomplishment of this settlement, and at the same time has invited Costa Rica, with the greatest good will, to remove in good time any cause of failure in the laborious work of the arbitrator and of the interested parties.
As these sentiments exist, and as it is not to be supposed that the Government and people of Costa Rica fail to respond to this friendly and loyal conduct, or willfully misinterpret it, this department thought that the governments were in perfect accord, as regards the ideas (and propositions) referring to the conclusion of a new treaty, and to the establishment of a provisional boundary which would enable the final decision to be calmly awaited. This belief has been confirmed by your excellency’s letter, which I now answer; and in consequence, and according to the instructions of the vice-president of the Republic, I take pleasure in renewing to your excellency the invitation contained in my preceding note, as the Colombian Government desires the renewal of the treaties and the establishment of a provisional boundary.
As the two governments agree upon this point, there is absolutely no necessity for wasting time and money in concluding an arbitration treaty referring to the validity of former treaties, a thing entirely unnecessary, inasmuch as the Governments of Colombia and Costa Rica desire to ratify, without loss of time, those treaties.
Once ratified, there would be no object in discussing the theoretical question of the value of the renewed treaties.
Accept, etc.,
Mr. Suárez to Mr. Jiménez.
Department of Foreign Affairs,
Bogota, January 12, 1894.
Mr. Minister: Once more, and obliged by recent reports received by the Colombian Government, I have the honor earnestly to call your excellency’s attention to the grave fact that Costa Rica, as is asserted, is performing jurisdictional acts on the right bank of the river Sixaola, which river, as that Government has admitted, is to mark the border line of the present possession of our two countries. If this fact is so, the Colombian Government, making use of the right which is conferred upon it by the said admission, and complying with the common obligation which has for some time bound the two republics, namely, to respect the status quo of the international possession, will be obliged to proceed to positive acts in the defense of the inviolability of the [Page 185] said territory. It is not to be supposed, however, in view of the wisdom and fairness which distinguish your excellency’s Government, that it will be necessary to proceed to such extremes. Wherefore, once again, I beg your excellency to do all in your power to stop that occupation, against which, to protect the interests of Colombia, I solemnly protest.
I also avail myself of this opportunity, Mr. Minister, to again call your excellency’s attention to the need of completing as soon as possible as a practical demonstration of incontestable force the adjustment of the provisional boundary between Colombia and Costa Rica. The mutual relations of the two States being so cordial, and the inclinations being so sincere in favor of a final settlement of the boundary question by means of arbitration, it is evident that the complaints arising from the want of such temporary arrangement may have a pernicious effect upon these kind feelings.
I beg, etc.,