Legation of the United States of America,
San José Costa Rica
,
July
28, 1900
.
No. 454.]
[Inclosure.]
Mr. Merry to
Señor Sanchez.
San
José, Costa Rica
,
July 28, 1900
.
Esteemed Sir: I am instructed by the
Government of the United States to call the attention of your
excellency’s Government to the extraordinary procedure of Judge
Roman, of the local court at Bluefields, in “sentencing” the
American merchants to pay a third time the customs duties already
paid to the Bluefield authorities between February 3 and 25, 1899.
Your excellency is aware that the first payments were made to the
revolutionary government of General Reyes, which was defeated
largely by the aid of the British and United States naval forces, to
whom General Reyes surrendered.
The second payments were made in trust to Her Britannic Majesty’s
consul at San Juan del Norte, Mr. Bingham (then at Bluefields),
subject to the convention of April 29, 1899, between His Excellency
Senor Don Dr. Joaquin Sanson, minister of foreign affairs of
Nicaragua, and the undersigned. By the terms of this convention the
entire question was removed from the local government at Bluefields
to the foreign affairs department of your excellency’s Government
and that of the United States, to be settled by friendly diplomatic
action.
On December 15, 1899, I was officially informed by my Government-that
the matter was in process of satisfactory adjustment at
Washington.
During my visit to Managua last April I was advised both by your
excellency and Hon. Mr. Salcedo, subsecretary of foreign affairs,
that instructions had been sent to the Bluefields authorities to
permit the return of the second payments alluded to by Her Britannic
Majesty’s Consul Bingham to the merchants, presumably in accord with
the result of conferences alluded to at Washington. It now appears
that Judge Roman, of the Bluefields local court, has issued his
“sentence” ordering a third payment of these duties, regardless and
in violation of the international convention of April 29, 1899,
which had been approved by both Governments. The mere suggestion
that the judge of a local court has the right to violate an
international agreement approved by both Governments interested is
so subversive of international courtesy and of equity that I am
assured your excellency will agree with me that a discussion of the
point is superfluous.
My Government consequently instructs me to state that “only a
straightforward disposition of this matter, in accordance with the
understanding heretofore existing, will be acceptable to the
Government of the United States.” I may add that I am quite
confident that your excellency will not claim for Judge Roman’s
court the attribute of national sovereignty which he assumes in
violating an international convention approved by both Governments
and that I shall receive advice from your excellency to that effect.
The Government of the United States can not permit itself to
recognize his extraordinary and unprecedented action herein as
affecting the property or rights of its citizens.
With assurances, etc.,
