Office of the Historian

817.812/851: Telegram

The Acting Secretary of State to the Minister in Nicaragua (Nicholson)

Washington, August 10, 1939—6 p.m.

56. Your telegram no. 83, August 3, 5 p.m., and despatch no. 608, August 3, 1939.23 Please convey to the Minister of Foreign Affairs an expression of the appreciation of this Government for his courtesy in making available the text of the draft treaty with Costa Rica with relation to the proposed canalization of the San Juan River.

You are requested to convey orally the following comments to the Minister of Foreign Affairs.

  • Article 1. The text of this article indicates that there has been some definite undertaking on the part of this Government to carry out the canalization project. It is believed that the article should be [Page 740] modified so as to conform more accurately with the text of the letters of May 22 which make it clear that the canalization project is at present only under study. Its completion is dependent on (1) the results of the studies shortly to be undertaken by a board of officers of the United States Engineer Corps; (2) the conclusion between the United States and Nicaragua of a treaty or agreement for the canalization project which would of course be subject to approval by the United States Senate; and (3) appropriation by the Congress of the United States of the necessary funds for the project.
  • Articles 2 and 3. The Department is considering the possibility of suggesting to the Nicaraguan Government that it reserve in these articles the right to grant the privilege of free navigation of the port and river of San Juan and Lake Nicaragua to vessels of the United States. However, you should not make this proposal to the Minister for Foreign Affairs unless you receive further instructions.
  • Article 6. The following wording is suggested for the closing phrase of this article “in which case the rights of Nicaragua and Costa Rica as well as third countries shall be those existing prior to the signature of this treaty.”

Please repeat the foregoing to the American Legation in San José for its strictly confidential information, adding a statement that the Department will forward the text of the draft treaty in the next air mail pouch.

Welles
  1. Latter not printed.↩