File No. 817.00/2386.

[Untitled]

[Extract.]
No. 51.]

Sir: I have the honor to report as follows:* * * On December 5 I received Department’s telegram of December 4, to which I replied by telegraph December 7.* * * On December 19 I received Department’s telegram of December 18. The President was out of town for Sunday. On Monday, December 21, I called upon him and presented a letter embodying the formal and emphatic request which Department’s telegram instructed me to make. A copy of this letter is enclosed. On Wednesday, December 23, I received the President’s reply (through the Foreign Office) of December 22, a copy of which, and translation, is enclosed. On December 24 I sent telegram to Department embodying the gist of the President’s reply.* * *

I have [etc.]

E. J. Hale
.
[Inclosure 1.]

Minister Hale to the President of Costa Rica

Mr. President: I have the honor to represent to Your Excellency that the Government of the United States has been informed that certain Nicaraguan revolutionists are fomenting armed revolutionary movements in provinces of Costa Rica adjoining Nicaragua. It has received knowledge of the leading individuals in this conspiracy now in Costa Rica.

I am instructed to approach Your Excellency and to present a formal and emphatic request that, in order to preserve the peace of Central America, in which the United States is deeply interested, the following individuals be requested to leave Costa Rica to take up their residence in any other country that may seem to them desirable, namely General Julian Irias (living in Heredia), General Luis Mena, General Ygnacio Chavez, and Colonel Jose Maria Zelaya—all now in San José.

I have [etc.]

E. J. Hale
.
[Inclosure 2—Translation.]

The Minister for Foreign Affairs to Minister Hale.

Mr. Minister: Following instructions of the President of the Republic, I have the honor to refer to the important communication which yesterday your excellency was pleased to address to that High Functionary relative to the expulsion from the country of various Nicaraguan citizens.

In this your excellency states that your Government has been informed that various Nicaraguan revolutionaries resident here are fomenting subversive movements against the Government of Nicaragua and that, with the object of preserving the peace of Central America, which so greatly Interests the United States, it presents a formal and emphatic insistence1 that Doctor Don Julian Irias, General Don Luis Mena, General Don Ignacio Chavez and Colonel Don Jose Maria Zelaya be expelled from our territory.

In reply I have the honor to express to your excellency that one of the most constant and fundamental desires of my Government has been, and is, to aid in the most efficient manner in the maintenance of the peace of Central America, and that it has never and at no time omitted any effort to that end. That, [Page 184] inspired by that zeal, it subscribed at Washington, together with the other four Governments of the Isthmus, the General Treaty of Peace and Amity of December 20, 1907; that in the seven years of the existence of this treaty it has been able to comply strictly with all and each one of its stipulations; and that, accordingly, it can show with all justice a clean record, which accredits it as a Government that knows how to comply well and faithfully with its international obligations.

But as with legitimate pride my Government values its exact observance of its duty toward other nations, so also it has no less satisfaction in being able to show that its proceedings in regard to its interior affairs are not other than those which the Constitution aid the laws of the Republic assign to it.

In the concrete case, the claim formulated by your excellency is found in open opposition to the constitutional articles which guarantee the free residence of foreigners in Costa Rica, a right which cannot be limited with the sole exception of the clear and specific occasions provided by law. For which reason I permit myself to state to your excellency, very respectfully, that my Government is not able to accede to your demand.1

I have the honor [etc.]

Manuel Castro Quesada
.
  1. “Instancia” in the original.
  2. ”Demanda” in the original.