715.1715/366a
The Secretary of State to the Minister in Honduras (Lay)84
Sir: The Department understands that the Governments of Honduras and Nicaragua are now in substantial agreement with respect to the method to be followed in adjusting the dispute which prevails with respect to a portion of their common boundary. The procedure apparently contemplated by the two Governments embraces the signing [Page 362] of a protocol of agreement, based upon the award of the King of Spain and providing for the appointment of a commission of engineers, to be formed of one Honduran engineer and one Nicaraguan engineer and to be presided over by an American engineer, who shall act as President.
Inasmuch as both Governments have expressed the desire that the Government of the United States shall thus cooperate in the settlement of the difficulty, the Department is prepared, if such action would be agreeable to the two Governments concerned, to lend its further cooperation by authorizing the American representatives at Tegucigalpa and Managua to collaborate in the preparation of the protocol of agreement.
A similar instruction is being addressed to the American Minister at Managua. Upon its receipt he will determine whether it is opportune and appropriate to undertake the action it contemplates and, if so, he will inform you of that fact and inquire whether the situation at Tegucigalpa likewise is propitious for the initiation of similar negotiations. When your respective Legations are in agreement as to the advisability of opening negotiations and the date upon which they shall be initiated and it has been ascertained by informal inquiry of both Governments that the assistance of this Government in the elaboration of the protocol of agreement would be acceptable, you may then submit the following general outline of the protocol of agreement for consideration, stating that similar action is being taken by the American Legation at Managua:
“Whereas, the Governments of the Republics of Honduras and Nicaragua are desirous of strengthening the fraternal ties of friendship which have traditionally bound them, through the removal of the only obstacle to complete harmony which now exists;
“And whereas on December 23, 1906, His Majesty the King of Spain rendered an arbitral award designating the boundary line between the two Republics from the Atlantic to the Pass of Teotecacinte (the remainder of the line, from the Pass of Teotecacinte to the Gulf of Fonseca having been definitively accepted by both Governments);
It is hereby agreed:
- “1. The Governments of Honduras and Nicaragua mutually pledge their acceptance of the award of the King of Spain as handed down by him on December 23, 1906;
- “2. The Governments of Honduras and Nicaragua hereby unconditionally agree that the delineation of the boundary determined by the award of the King of Spain, to which the preceding article refers, shall be entrusted to a Joint Commission, consisting of an engineer appointed by each Government and presided over by an American engineer designated by the Government of the United States of America;
- “3. The Governments of Honduras and Nicaragua agree that the Commission of engineers described in the preceding article shall have [Page 363] full authority to establish the boundary line between the two Republics from the Atlantic Ocean to the Pass of Teotecacinte, in accordance with the award of the King of Spain, establishing that line at points where the award of the King of Spain may require clarification and interpreting the meaning of the award in such instances as its meaning may not be clear;
- “4. In the event that the two Commissioners cannot reach an agreement, the President of the Commission shall render a decision which shall be final; and
- “5. The Governments of Honduras and Nicaragua agree that the decisions, findings, and recommendations of the Joint Boundary Commission hereinbefore mentioned shall be accepted as final and without appeal, and that the boundary line as laid down by the Joint Commission shall be accepted by both Governments as their true and definitive common frontier.”
Should alterations in the protocol be suggested, you should bear in mind that the essential points of agreement are that the Commission shall be established, that it shall function under the award of the King of Spain, and that its decisions and demarcation of the line shall be accepted by both Governments as final.
This Government would view with gratification the early settlement of this dispute, and it is desired that you report frequently and fully the progress of your representations.
I am [etc.]
- The same, mutatis mutandis, on the same date to the Minister in Nicaragua as instruction No. 16.↩