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. Sleeper to Mr. Gresham.
Bogota , September 13, 1894 . (Received October 8.)
Sir: I have the honor to inclose herewith further correspondence between Colombia and Costa Rica, in regard to the boundary question.
I am, etc.,
Chargé d’Affaires ad interim.
Mr. Jimenez to Mr. Suárez.
Department of Foreign Affairs,
San Jose , February 12, 1894 .
Mr. Minister: I have had the honor to receive your excellency’s letter, dated on the 4th of last January, in answer to the one sent by this department on the 18th of November, 1893, both referring to the boundaries between Colombia and Costa Rica, the solution of which matter would be of the greatest benefit to both States.
It was a great satisfaction to my Government to note in your excellency’s letter that the illustrious Government of Colombia is animated by the same desires which that of Costa Rica has always entertained, in regard to the early termination of this matter in a just and decisive way, thus guaranteeing and strengthening more and more the friendly relations between the two countries, and at the same time eliminating obstacles which hinder the greater growth of their economical interests. It is likewise pleased that the Colombian Government agrees about the measures to be adopted, in order to realize in a just and friendly way that their common aspirations, viz, that the boundary question be settled by an arbitrational decision; and in the meantime [Page 190] that temporary limits be named, which will abolish all difficulties of jurisdiction which might cool the spirit of cordiality which inspires the people and Governments that are neighbors and brothers.
As both Governments therefore agree upon the fundamental points in regard to the proceedings necessary to decide their lawsuit, it would seem conducive that the said points be put into practice; wherefore, the President of the Republic has instructed me to propose to your excellency’s Government that it authorize—which Costa Rica will likewise do—its diplomatic representative in Washington to renew the convention of arbitration in regard to the final boundaries, and while this is being perfected, to celebrate a provisional boundary convention.
This proposition from my Government, as your excellency well knows, does not signify that my Government acknowledges the invalidity of the former boundary conventions, whose force has always been upheld, as the correspondence between this department and that under the worthy charge of your excellency will show, but its constant eagerness to facilitate the prompt solution of, a lawsuit, the definite end of which interests greatly both republics.
Accept, etc.,
Mr. Jiménez to Mr. Suárez.
Department of Foreign Affairs,
San Jose , February 13, 1894 .
Mr. Minister: I have had the honor to receive your excellency’s communication of the 12th of last January, in which you call the attention of my Government to the fact that Costa Rica is committing jurisdictional acts upon the right margin of the “Sixaola,” in violation of the statu quo in force between the two countries. Therefore, my Government, always jealous in regard to the fulfilment of its international duties, feels obliged to inform your excellency that it has not dictated any act in deterioration of the statu quo, and that in order to obtain the most accurate solution of this delicate matter, it has requested information from the respective authorities, and hopes that the Colombian Government will have the kindness to expressly state the acts which led to its reclamation, in order to proceed according to the dictates of justice and international law.
I have also the honor to inform your excellency that my Government has named two scientific commissions, one under the charge of Naval Capt. Don Eliseo Fradin, and the other under the charge of Don Enrique Pittier, the object of the first commission being to make a plan of the Sixaola Tarire, Tiliri or Tilorio, of the Yurquin, tributary of the latter, known in Colombia under the name of Dorado, or Doraces, aside from other rivers and places of that locality, situated in Costa Rican territory; and the object of the second commission being to astronomically establish the position of the Sixaola, or be it, the point at which the Tiliri or Tilorio flows into the Atlantic, and the spot at which the latter joins the Yurquin, whose right bank is considered as the limit of the statu quo; and also of the Lipurio or be it, San Bernardo, situated unquestionably in Costa Rican territory, and of other important places of that region.
[Page 191]The said commissions left this capital eight days before the receipt of your excellency’s communication, I therefore do not believe that it could have referred to them; but I take this opportunity to inform your excellency that these commissions have been appointed for the study of the frontier territory. After the foregoing explanation, which is a guarantee of the fair dealing of my Government, I trust that the Colombian Government will be satisfied; and with the assurances of my high appreciation and distinguished consideration,
I remain, etc.,
Mr. Suárez to Mr. Jiménez.
Department of Foreign Affairs,
Bogota , May 18, 1894 .
Mr. Minister: I have the honor to refer to your excellency’s notes of the 12th and 13th of last February, relative to the boundary controversy now pending between Colombia and Costa Rica.
In your first note your excellency accepts, in the name of your Government, this Government’s proposal to renew the treaty in regard to the arbitration of the boundaries and to decide upon a provisional frontier; in your second letter your excellency explains certain acts touching the interruption of the statu quo, which has been in force since 1880, in regard to the zone of territory at present in dispute between Colombia and Costa Rica.
In regard to this last point, your excellency assures my Government that it duly appreciates the fact that Costa Rica has not performed, is not performing, and will not perform any act in deterioration of the statu quo—that is to say, it has not performed acts of dominion, jurisdiction, or occupation in the territory extending along the right bank of the river Sixaola.
This declaration is very welcome to the Colombian Government, which hopes that certain public acts, such as those referring to the succession of Temistocles Peñaranda, and others about which the authorities of Bocas del Toro have complained, committed by citizens of Costa Rica, will have been distinguished by the Government of San Jose; it also hopes that explicit instructions will be given the commission of engineers, about whom your excellency speaks in your note of February 13, not on any account to extend operations to the territory on this side of the said river, for such an act would violate the obligations of the two nations, and render impossible further negotiations, as I have already had the honor to inform your excellency.
I improve this opportunity to call your excellency’s attention to an act which can also hinder the termination of the matter which occupies us, unless immediately rectified by the Costa Rican Government. I refer to a map published not long ago, in which, instead of continuing to designate the boundaries between the two countries by the line which marks the most extreme claims of Costa Rica, it has been advanced much more toward the east, so that not only the possible rights of each nation are not taken into consideration but an evident act of intrusion has been committed upon territory which has not been in dispute.
[Page 192]The Colombian Government hopes that your excellency’s Government will rectify as soon as possible this error, and declare that it is without signification, not only in regard to the rights, but also the pretensions of Costa Rica respecting Colombian dominions. As soon as this has been rectified this ministry will be pleased to enter into negotiations with that under your excellency’s worthy charge about the settlement of the provisional boundary, and the removal of the arbitration treaty in regard to definite frontiers, to which end the respective commission will shortly be given to the envoy extraordinary and minister plenipotentiary of Colombia in Washington.
I have, etc.,