The minister of foreign affairs personally requested that I withdraw the
official communication on the plea that he preferred to deal with this
legation upon such matters in personal interviews.
On his urgent request I withdrew the document and he promised before he sent
an official communication to the Government of Costa Rica regarding the
boundary question he would transmit a copy to me, that I might ask my
Government to use its good services to induce Costa Rica to accept the
propositions of the Colombian Government. It appears that the letter of the
Colombian Government was sent to Costa Rica on the 6th of September, while
we were not given its contents until the 21st of September, when he sent us
a copy published in the official organ of the Government, a copy and
translation of which I inclose.
I also inclose a copy and translation of his letter to me.
On account of so long a time having elapsed since the communication was sent
to Costa Rica, I did not deem myself justified in sending a cable upon the
subject.
[Inclosure 1 in No.
19.—Translation.]
Señor Suarez to the
minister of foreign affairs of Costa
Rica.
Ministry for Foreign Affairs,
Bogota, September 6,
1893.
Mr. Minister: I have the honor to answer the
note of the 29th of last June, in which your excellency refers to the
settlement of the boundary between Costa Rica and Colombia, an affair
which has been a subject for much discussion between the two
governments, and which was submitted for arbitration to the Government
of Spain until the respective conventions were rejected, because the
time had expired within which the decision in regard to the controversy
of the boundary limits should have been rendered.
Your excellency is surprised that the Government of this Republic
neglected to communicate to the Government of Costa Rica its intention
to denounce those acts, and that it confined itself to making its
declaration to the arbitrator in person.
The surprise of your excellency would be well founded if the note which
this office sent you on the 16th of March, 1891, had been honored with
an answer, but having waited in vain for the said reply, this office
concluded that the Government of Costa Rica no longer considered it
necessary to treat directly with Colombia in regard to this matter.
Moreover, in the notes whereby the Government of Spain was made aware of
our intention to reject the conventions, care was taken to inform the
Government of Costa Rica that they would also be informed of this fact,
after the last pending note should be answered, relative to the
settlement of a provisional boundary by which mutual and frequent
complaints could be avoided, and it was added that every means should be
used to renew the treaties and to prolong the jurisdiction of the
arbitrator, always provided that he should consent to act in this
capacity for the two republics and do them the favor and the honor to
study and decide the subject referring to their common frontier.
Your excellency can ascertain this by looking at the notes, of which I
have the honor to send an authorized copy.
Your excellency is also surprised that the Government of this Republic
should have rejected the treaties after the arbitrator had declared,
without any objection on the part of Colombia or Costa Rica, that the
boundary question between these two states should not be touched until
after the question between Colombia and Venezuela had been decided, and
until after the acceptance of the arbitrament, and for the same reason
the decision regarding the limits should not commence to be reckoned
until the decision in regard to that other matter had been rendered.
In order to be able to ascertain the force of the argument it must be
remembered that the arbitrator accepted the commission on a certain
date; that he at that time decided that this question should be studied
after the questions relative to the arbitration between Colombia and
Venezuela should have been decided, a thing which was likely to happen
any minute; that sixteen months after having accepted the jurisdiction
he stated that the twenty months’ limit allowed him in which to render
the decision should not commence to be computed on the date of
acceptance, but rather, after the controversy in regard to the boundary
between Colombia and Venezuela
[Page 268]
had been decided, and that the parties made no objection to such a
proposal, although the representative of Colombia took care to inform
the diplomatic agent of Costa Rica, Señor Peralta, of the necessity of
rectifying the treaties.
Thus the question which has been discussed is as follows: An agreement
was entered into between two nations to determine by arbitration their
common frontier; the decision of this serious and important question was
to be given within a fixed time. Can the time which is definitely named
in these treaties be indefinitely postponed by any other will or
authority than that which gives to them force and validity?
This question is so clear that no misunderstanding can arise in the
answer. However, supposing its solution were doubtful, this other
question would arise, equally important, and worthy of the strictest
attention, namely, jurisdiction being doubtful, and the power being
given by two states to an arbitrator to decide a controversy so
interesting as that of international limits, will it be prudent, just,
or right to hazard the success of a decision requiring so much labor,
and of a judgment worthy of respect, by neglecting to remove errors from
the treaties, or to correct anything which might make them worthless in
the future?
Thus the Government of Colombia, recognizing, as any just and honorable
government must, the necessity of repairing a bad foundation in a costly
edifice, has worked for the desired end with the impartiality called for
by the rights and interests of both parties, with the frankness and
fidelity which the gravity of the situation demands, and with the
respect which is owed to the high arbitrator, whose decision ought never
to be considered as doubtful. Your excellency thinks it strange that the
Colombian Government should have rejected the treaties regarding the
boundary between Colombia and Costa Rica after Dr. Antonio Roldan and
the undersigned, then acting minister of foreign affairs, had stated in
letters, written after Colombia had announced the lapse of such
treaties, that it was still hoped that Spain would settle the pending
question.
In the first place these opinions alone, expressed before an accurate
calculation of the terms had been made, bearing in mind the dates of the
letters of acceptance of the arbitrator, and of his declarations to that
effect, these opinions, I say, are wanting in that force which would be
necessary to continue a jurisdiction which Congress alone has the power
to do, in conformity with the public law of the nation. In the second
place, if your excellency will have the kindness to look at the notes of
October 19, 1891, and March 17, 1892, sent by this office to his
Catholic Majesty, through his legation at Bogota, you will find that the
Government of this Republic, while rejecting the treaties, stated at the
same time its intention to renew them if Costa Rica should give her
consent, and prolong the jurisdiction conferred upon the Government of
Spain, provided that this high arbitrator should deign to accept it.
Thus the ideas of Señor Roldan and of the undersigned regarding the
decision to be given by the Spanish Government were in harmony with the
prevision voluntary then, as to-day, that the decision shall have that
high origin, because it is scarcely possible that Costa Rica will refuse
to accept the propositions of Colombia in regard to the renewal of the
treaties.
From the foregoing I hope that your excellency will see that the
Colombian Government, far from rejecting the idea brought forward by
Costa Rica, in the note which I have the honor to answer, strove to
suggest it, in the very act by which it announced the lapse of the
treaties. Therefore there will be no unwillingness on the part of the
Republic that the negotiations which may be necessary for the renewal of
these conventions be held at Bogota or Madrid, whereby a treaty may be
made, in which the same referee may be named, and in which the boundary
limits are clearly and exactly stated, and which contains clauses of
obvious advantage, such for instance as those relating to the expenses
of the trial, to the carrying out of the sentence, and to the committee
which must be named for studying the ground before the decision is
given, or to mark the boundary line decided upon by the arbitrator, etc.
But to accomplish this it is indispensable that your excellency’s
Government, as soon as it finds time, answer the above-mentioned note
which the Colombian Government had the honor to send you March 16, 1891,
and in accordance with this note, do all that is possible to decide upon
a temporary boundary, to the end that the frequent quarrels and
vexations may be avoided which arise through the trespassing by agents
of Costa Rica upon territory which is recognized by your Government in
the actual possession of Colombia. Repeated and friendly complaints have
been sent by my Government to that of Costa Rica in regard to this
matter before commencing, as was right, direct measures to avoid the
violation of a statu quo which is by common accord perfectly legal until
the jurisdiction of the frontiers shall be definitely settled.
Frankly speaking, the note to which I refer was sent in order to obtain
an amicable solution of this question, which is urgent in spite of its
temporary character. Not only have we waited in vain for a reply to this
note, but we have received with increasing wonder the complaints of the
authorities of this Government at Bocas del
[Page 269]
Toro, making public new acts of violation of the
territorial sovereignty of Colombia, committed by citizens or agents of
Costa Rica.
With such a condition of affairs and while the two governments, animated
by brotherly friendship, neglect to put a stop to such irregular
proceedings, the Government of Colombia does not desire, nor would she
be able in fact without injuring her rights and interests, to again
renew the arbitration treaties regarding the frontiers. For in all such
acts the greatest harmony and good will must prevail between the two
parties.
It would be impossible for Colombia to sign an arbitration treaty
regarding boundary limits, and at the same time be obliged to repel
invasions of territory which is in her possession, her expostulations
being disregarded.
I take, Mr. Minister, etc.
