Mr. Merry to Mr. Hay.
San José, July 19, 1902.
Sir: I have the honor to forward herewith copy and translation of a telegram from President Zelaya, of Nicaragua, received to-day; also my reply thereto, and my telegram to the consul-general at Panama.
You will note that, providing President Zelaya is correct, the Government of Colombia is preventing the free transit and shipment of the property of the Nicaraguan Government across the Panama Isthmus. [Page 885] It appears to me that Colombia and Nicaragua being nominally at peace with each other, the former Government is violating her treaty obligations with us in preventing the free passage and reshipment of any class of merchandise belonging to Nicaragua, even though it be arms or munitions of war. If I am correct in this opinion I beg to respectfully suggest that notice may be given to the Colombian authorities at the Panama Isthmus that our guaranty of free transit by which the Isthmus has been kept open to commerce during the revolution which has existed for nearly three years, and which has prevented its revolutionary occupation, must be respected. The action of the Colombian Government herein appears to be a question of some importance as establishing a dangerous precedent applicable to either the Panama Railroad or Canal, for which reason the details thereof are respectfully presented for your information.
With assurances, etc.,