Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part II
Consul Olivares to the Assistant Secretary of State .
Managua, Nicaragua , November 15, 1906.
Sir: In compliance with the department’s instructions, as contained in dispatch No. 5, of October 6, 1906, I have the honor to transmit the full text of the treaties between the Governments of Great Britain and Nicaragua relative to the Mosquito territory, which has but recently been promulgated.
I have made a careful and as nearly as possible literal translation into English of the treaties referred to, which I inclose in duplicate, with the copy of the text in Spanish.
Etc.,
Treaty between Great Britain and the Republic of Nicaragua relative to the Mosquito territory.
His Majesty the King of the United Realm of Great Britain and Ireland and of the British Ultramarine Dominions, Emperor of India, etc., and His Excellency the President of Nicaragua, desirous of terminating in a friendly manner the pending questions with relation to the Mosquito Reserve, have disposed to celebrate the present treaty, designated by their plenipotentiaries:
His Majesty the King of the United Realm of Great Britain and Ireland and of the British Ultramarine Dominions, Emperor of India, etc., to the Honorable [Page 1182] Herbert William Broadley Harrison, knight member of the very distinguished Order of St. Michael and St. George, chargé d’affaires of His Britannic Majesty in Nicaragua, and His Excellency the President of the Republic of Nicaragua to Doctor Adolfo Altamirano, minister of foreign affairs:
Who, having communicated their respective plenary powers, and rinding them in good and due form, have agreed in the following articles:
Article I.
The high contracting parties agree in that the treaty of Managua of January 28, 1860, is permanently abrogated.
Article II.
His Britannic Majesty recognizes the absolute sovereignty of Nicaragua over the territory which formed the ancient Mosquito Reserve to which the before-cited treaty of Managua refers.
Article III.
In consideration that the Mosquito Indians were some time under the protection of Great Britain, and looking to the interests which the Governments of His Majesty and of Nicaragua have shown in their favor, the Government of Nicaragua agrees to grant them the following concessions:
- (a)
- The Government will propose to the National Assembly the emission of a law which exempts, for the term of fifty years, counted from the date of the ratification of this treaty, all of the Mosquito Indians and the Creoles born before the year 1894 from military service and from all direct taxation upon their persons, properties, possessions, animals, and means of subsistence.
- (b)
- The Government will permit the Indians to live in their villages, enjoying the concessions granted by this convention, and according to their own customs, provided that they do not oppose the laws of the country and the public morality.
- (c)
- The Government of Nicaragua will concede a prolongation of two years in order that they legalize their rights to the properties which they may have acquired in conformity with the regulations that reigned in the reserve before the year 1894. The Government will charge them nothing for the lands and its surveys, nor for the granting of titles. With this object the titles which are found in the possession of the Indians and Creoles before 1894 will be renewed in conformity with the laws, and in such cases where such titles do not exist the Government will give to every family in its place of residence eight manzanas of land, if the members of the family do not exceed four, and two manzanas for every person if they are in excess of that number.
- (d)
- Public farming lands will be designated for the use of the inhabitants in the neighborhood of every Indian village.
- (e)
- In case any Mosquito Indian or Creole prove that the lands which he had in conformity with the old regulations before the year 1894 have been denounced or adjudicated to other persons, the Government will indemnify him, conceding him uncultivated lands of approximate value as near as possible to the place he inhabits.
Article IV.
The Government of Nicaragua will permit the ex-chief of the Mosquito Indians, Robert Henry Clarence, to reside in the Republic and to enjoy complete protection, provided that he will not infringe the laws, and provided that his acts do not tend to incite the Indians against Nicaragua.
Article V.
The Mosquito Indians and other inhabitants of the ancient reserve will enjoy the same right guaranteed by the laws of Nicaragua to Nicaraguan citizens.
Article VI.
The present treaty will be ratified and the ratifications exchanged in London within the term of six months from the date of signing.
[Page 1183]In faith of which the respective plenipotentiaries have signed the present treaty and sealed it with their seals.
Done in Managua, the nineteenth day of April, nineteen hundred and five.
| (l. s.) | (Signed) Adolfo Altamirano. |
| (l. s.) | (Signed) Herbert Harrison. |
act of exchange.
The undersigned having met for the object of exchanging the ratifications of a treaty celebrated between the President of the Republic of Nicaragua and His Majesty the King of the United Realm of Great Britain and Ireland and the British Possessions beyond the Seas, Emperor of India, relative to the Mosquito territory, which treaty was signed in Managua the 19th of April, 1905, and having carefully compared the text of the respective ratifications and finding them conformable, the exchange referred to was effected in the accustomed form.
In testimony of which the present attestation was signed and sealed.
(l. s.) (Signed)
(l. s.) (Signed)
Article of the treaty of commerce relative to the abolishment of the privileges of the free port of San Juan del Norte.
Article II.
The privileges of the free port of San Juan del Norte are annulled. The port will continue open to commerce, the facilities of navigation will be maintained and improved, and a sufficient number of bonded warehouses will be established.
The port will be under the same conditions as the others of the Republic with respect to the taxes and duties and regulations over foreign navigation and commerce and of the municipal taxes.
act of exchange.
The undersigned having met for the object of exchanging the ratifications of a treaty of friendship, commerce, and navigation celebrated between the President of the Republic of Nicaragua and His Majesty the King of the United Realm of Great Britain and Ireland and of the British Possessions beyond the Seas, Emperor of India, which treaty was signed in Managua the 28th day of July, 1905, and having carefully compared the text of the respective ratifications and finding them conformable, the exchange referred to was effected in the accustomed form.
In testimony of which the present attestation was signed and sealed.
(l. s.) (Signed)
(l. s.) (Signed)