File No. 817.812/184a

The Secretary of State to Minister Long


Convention of Central American Governments for establishment of Central American Court of Justice concluded at Washington December 20, 1907, was long subsequent to the binding agreements of Nicaragua and Costa Rica, respectively, to enter into necessary arrangements with United States for construction of Nicaraguan Canal as embodied in the protocols signed by each of said Governments December 1, 1900.11 The Department does not consider that any of the treaties or conventions between Central American Governments concluded at Washington in 1907 affect, or were intended to affect, the international relations of any of those Governments with the United States. Manifestly it was not contemplated that Central American Court for settlement of controversies between the signatory [Page 832] Governments would attempt jurisdiction of any matter of diplomatic relation between the United States and any of those countries.

In view of repeated declarations by Department and of proviso adopted by United States Senate, that the treaty with Nicaragua was not intended to affect injuriously any right of Costa Rica involved, attempt by Costa Rica to interfere with freedom of action of Nicaragua in this matter cannot but be viewed by the United States as an unjustifiable effort to prevent Nicaragua from fulfilling her contractual obligations.

You may discreetly make use of this statement of the position of the United States as in your judgment will be helpful.

Repeat to Guatemala, Tegucigalpa, San José and Managua.

  1. Printed ante, p. 821.