718.652/10

The Minister in Costa Rica ( Eberhardt ) to the Secretary of State

No. 1485

Sir: With special reference to my despatch No. 1395 of April 11, 1933,9 I have the honor to state that the Minister for Foreign Affairs advises me that the Treaty of Commerce and Navigation with Italy, the same in practically every detail as the draft already in the [Page 269] hands of the Department (vide despatch No. 641 of October 14, 193110), will be signed and published in La Gaceta in a few days.11

In compliance with the final statement in my despatch No. 1395, I did not fail to repeat the informal, oral and confidential suggestions concerning

“the apparent inexpediency of placing in a treaty with another Government a provision whereby the nationals of latter would automatically enjoy the same rights as Costa Rican citizens in the use of canals, and which may—in case a treaty having in view the construction of an interoceanic canal is eventually negotiated between the United States and Costa Rica—furnish an element of difficulty in such negotiations”.

The Minister’s reply at the time, which he stated reflected the studied opinion of the Chief Executive, was to the effect that since the treaty was to have only five years of life, and probably no canal construction could be or would be seriously considered during that period, it seemed inadvisable to consider any change in the clause referred to. He expressed the further opinion that, on the presentation of a request for renewal (if signed) of the treaty now being considered or a substitute therefor at its expiration, it would be appropriate to discuss the possible elimination of this clause.

With reference to this particular clause, it might be well to remember the opposition which Ricardo Jiménez, (then President) presented to the provisions of the Bryan-Chamorro Treaty.12 He still lets it be known that he does not consider that the rights of Costa Rica under the proposed Nicaraguan canal construction were given proper or adequate consideration by the United States.

Respectfully yours,

Charles C. Eberhardt
  1. Not printed.
  2. Not printed.
  3. The treaty was signed June 14, 1933; ratifications were exchanged December 12, 1933. The treaty and final protocol are printed in La Gaceta—Diario Oficial, No. 284, December 14, 1933, and in Italy, Trattati e Convenzioni, vol. 46, p. 165.
  4. Convention between the United States and Nicaragua regarding the Nicaraguan Canal route, signed August 5, 1914, Foreign Relations, 1916, p. 849.