File No. 3691/11.
Chargé Bailey to
the Secretary of State.
American Legation,
To Costa Rica, Nicaragua, and
Salvador,
San Jose, Costa
Rica,
January 9, 1907.
No. A–4.]
Sir: I beg to confirm the following
telegram:a
I have the honor to state that on the morning of the 7th instant the
minister of foreign affairs here called at this legation with an
official
[Page 607]
dispatch from the
Government of Nicaragua, in which said Government states that it
declines to be bound by the terms of the treaty on board the Marblehead on July 20, 1906. He also showed me a
telegram just received from the President of Honduras stating that he
had just ordered the militia of his country to proceed at once near the
boundary of Nicaragua and Honduras to suppress revolutionary movements
against his Government, which he believed to be aided by President
Zelaya, of Nicaragua.
These documents, together with the urgent request of the foreign minister
here, caused me to send the above cable as a matter of immediate
information to the department and in the interest of peace in Central
America.
As a matter of further information to the department, I have the honor to
transmit herewith (inclosure No. 1) copy and translation of
correspondence from the Government of Costa Rica relative to the treaty
of peace, amity, and commerce, which met at this capital on September 15
last, which gives the attitude of the Nicaraguan Government toward said
treaty as well as its position toward the pact of Corinto, signed on
January 20, 1902, and the convention of the Marblehead, celebrated July 20, 1906.
I have, etc.,
[Inclosure
1.—Translation.]
The Minister for Foreign
Affairs of Costa Rica to the Minister for Foreign Affairs of
Nicaragua.
San
Jose, October 25th,
1906.
Your Excellency: The conference of peace,
friendship, commerce, etc., which met at this capital at one p.m. on
the 15th day of September last, and to which attended the delegates
of the Republics of El Salvador, Guatemala, Honduras, and Costa
Rica, gave as a result the forming of a general treaty and two
conventions, of which one was for the establishment of a Central
American Pedagogical Institute and another for the foundation of an
International Central American Office. As your excellency will see
by the document which I have the honor to enclose herewith, as much
for the treaty as for the two conventions, that these are inspired
in the most high spirit of Central Americanism, as one and the other
tend to affirm cordiality and good harmony between the countries of
the old country, and to make more frequent and affectionate the
individual and social relations in the Central American family. In
the last session held by the delegates the point was treated of, as
was quite natural, that it would be very pleasing that the
conclusions of same be advantageous to the five sections of the old
country, including Nicaragua, the only one which was not represented
at the conference, and there was given to the Government of Costa
Rica the honorable commission of proposing to your excellency’s
Government to adhere to the treaty and conventions to which I make
reference. Following, then, the instructions of my Government, I now
have the honor to comply, by means of the present note, that
gratifying commission, expressing at the same time that the
illustrious Government of your excellency note by same the
expression of interest which we would wish by all possible means
make each time more and more intimate ties that bind us to that
brother country and to its worthy Government.
With sentiments of the most distinguished consideration, I have the
honor to subscribe myself,
Your excellency’s obedient servant,
[Page 608]
[Inclosure
2.—Translation.]
The Minister for Foreign
Affairs to Chargé Bailey.
San
Jose, January 8,
1907.
Honorable Sir: I have had the honor of
receiving your excellency’s note of the 7th instant, in which you
request information with reference to the action of the Government
of Nicaragua with regard to the treaty of peace signed in this city
on the 25th September last by the delegates to the conference of
peace.
In reply it is gratifying to me to say to your excellency that,
notwithstanding the refusal of the Government of Nicaragua to concur
to the conference of peace, the governments who signed the treaty of
peace in reference earnestly desiring that the five Central American
Republics be coparticipants in the benefits of peace and fraternity
of well being and of open and sincere intelligence, in which the
principal clauses of said treaty are inspired, agreed to forming
same in a manner that if there was good will on the part of the
Government of Nicaragua this Republic could adhere itself to such a
transcendental negotiation. Thus recorded explicitly in the protocol
of conferences previous to the treaty, of which first session I
copy:
“A discussion followed in which all the delegates took part, and in
the course of which there was taken into consideration the absence
of representation by part of Nicaragua, the unanimous desire having
been made manifest that in the deliberations of the conference
everything be carried on in a form that would facilitate the
adhesion of the Government of that Republic to the resolution
adopted, since the principal aim is to revive and stimulate the
sentiments of fraternal harmony and cordiality between the five
entities of the common country with the view of seeing realized the
just aspirations to a solid and lasting peace that efficaciously
promotes the development of the great moral and material interests
which call them to form some day one solitary nation. In addition to
this and with the fraternal purpose before mentioned in the fifth
session it is resolved that the treaty will be communicated to the
sister Republic of Nicaragua and if subscribed to will be accepted
as a part thereto from the beginning.”
As it is clearly seen from what has been stated, the most elevated of
Central Americanism and the desire of not keeping Nicaragua at a
distance, presided in the preparation of the treaty. Nevertheless,
in virtue of the results in the fifth session and by reference to a
matter of such vital importance for the peace and consequent
progress of the total family of Central America, my Government
deemed it well to communicate the treaty to that of Nicaragua and
invite same to give its adhesion, in note of 25th October last, a
copy of which I have the honor to forward to your excellency.
Thus, the state of affairs, and when all awaited a favorable reply,
with unexpected surprise my Government received an answer in the
negative from the Government of Nicaragua, stated in note of 20th
December last, in which it cites as a principal motive to justify
its negative the opposition which is believed to be found between
the pact of Coninto, signed on 20th January, 1902, and the
convention of the Marblehead, celebrated on
board said cruiser the 20th of July, 1906, of which, as stated by
that chancellery, the treaty of San Jose amounts to the same as a
ratification, and considers for the same the following:
“In the first instance, it is to be understood that the treaty of
peace and arbitration signed at Corinto, 20th of January, 1902, and
was solemnized by the presence at that port of their excellencies
the Presidents of Costa Rica, El Salvador, Honduras, and Nicaragua
establishes the compromise of submitting to a tribunal of Central
American arbitrators all difficulty or question that might rise
between the contracting parties (Art. II). The stipulations of this
international pact constitute for Nicaragua a perfect positive right
in its relations with the other States signing. Nevertheless, by
Article III of the treaty of San Jose, the Governments of El
Salvador, Guatemala, and Honduras compromise themselves to submit
their difficulties to arbitration of the Presidents of the United
States and of Mexico. In view of such a compromise, and before
proceeding further, it is not inofficious to state that, this last
being a consequence of the pact celebrated on board of the Marblehead the 20th of July last, which
obligates as well those three countries, does not correspond, as it
is natural for Nicaragua to impose on itself the obligation in
question, as it takes as a pretext the disposition of the Article II
of the pact of Corinto as has been
[Page 609]
done by Costa Rica, as is taken from the
context of the treaty of San Jose (Art. IV).”
Trusting that the foregoing will satisfy the desires of your
excellency in regard to the matter treated of, it is pleasing to me
to reiterate the assurances of my most distinguished consideration,
with which
I am, etc.,
