File No. 2491/58.
The Secretary of State to the Costa Rican Minister on Special Mission.
Washington, February 16, 1909.
Sir: Referring to previous correspondence concerning the disputed boundary between Costa Rica and Panama, I have the honor to inform you that the rights of American citizens to property situated within the disputed districts are deeply involved and that each succeeding year renders it more important to the United States that a permanent status be established in the territory in dispute between Costa Rica and Panama, in order that the just rights of American citizens be recognized and safeguarded.
[Page 783]Negotiations have been transferred to Costa Rica, and the department earnestly hopes that the boundary dispute may be arranged to the satisfaction of Costa Rica and Panama. Should, however, an adjustment of the controversy be delayed or no adjustment made in the near future, the Government of the United States will be constrained to the conclusion that the conditions existing for years and still existing are such that they force the United States, in justice to its own citizens, to treat the de facto line as the line to the north of which Costa Rica has jurisdiction and to the south of which Panaman jurisdiction is recognized. In other words, to hold that, inasmuch as the territory north of the de facto line is left by Panama within the actual jurisdiction and control of Costa Rica, the United States must, in the interest of its citizens, treat it as Costa Rican territory, and look to Costa Rica to remedy the annoying and embarrassing situation caused to the United States and its citizens by the absence of responsible jurisdiction in that quarter.
Accept, etc.,