Minister Merry to
Acting Secretary of State Loomis.
American Legation,
San José,
Costa Rica, May 12,
1905.
No. 1044.]Sir: I have the honor to forward herewith copy
and translation of treaty signed at Managua on April 19 between
representatives of Great Britain and Nicaragua relating to the Atlantic
coast of the latter, same being intended to definitely settle the old
Mosquito question. I have taken the copy from El Diario de la Tarde,
semiofficial journal published at Managua, as the official publication
may be delayed. You will note that the treaty of Managua, 1860, is
abrogated by the first section of the new treaty. * * *
I have, etc.,
[Page 703]
[Inclosure.—Translation.]
[From El Diario de la Tarde, April 24, 1905. Mosquito
treaty.]
His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Sea, Emperor of
India, etc., and His Excellency the President of Nicaragua, desiring
to settle in an amicable way the pending questions in relation to
the Mosquito Reserve, have decided to celebrate the present treaty,
designating as their plenipotentiaries: His Majesty the King of the
United Kingdom of Great Britain, etc., the Hon. Herbert William
Broadley Harrison, companion of the highly distinguished order of
St. Michael and St. George, chargé d’affaires of His Britannic
Majesty in Nicaragua, and His Excellency the President of Nicaragua
Dr. Don Adolfo Altamirano, minister of foreign relations, who,
having communicated to each other their respective full powers and
the same having been found in proper form, have agreed to the
following articles:
- Article 1. The high contracting
parties agree that the treaty of Managua of January 28,
1860, is abrogated and will so remain.
- Art. 2. His Britannic Majesty
recognizes the absolute sovereignty of Nicaragua over the
territory that formed the old Mosquito Reserve which is
referred to in the treaty of Managua before cited.
- Art. 3. In consideration that
the Mosquito Indians were some time under protection of
Great Britain and attentive to the interest that the
Governments of His Majesty and Nicaragua have shown in their
favor, the Government of Nicaragua agrees to grant them the
following concessions:
- A.
- The government will propose to the national
assembly the enactment of a law for the term of
fifty years, counted from the ratification of this
treaty, exempting all the Mosquito Indians and the
Creoles born before the year 1894 from military
service and all direct impost upon their persons,
goods, possessions, animals, and means of
subsistence.
- B.
- The government will permit the Indians to live in
their hamlets, enjoying the privileges granted by
this convention and according to their own customs,
provided they do not oppose the laws of the country
or public morality.
- C.
- The Government of Nicaragua will concede an
extension of two years that they may legalize their
rights to the property which they have acquired in
conformity with the regulations which reigned in the
reserve before the year 1894. The government will
not collect anything for the lands or their
measurement nor for the granting of the titles. The
government will give each family in the locaion of
its residence 8 manzanas (16 acres) of land if the
members of the family do not exceed 4 and 2 mananzas
for each person exceeding this number.
- D.
- There shall be assigned public lands for breeding
for the use of the inhabitants in the vicinity of
each Indian hamlet.
- E.
- In case that any Mosquito Indian or Creole proves
that the lands which he had in conformity with the
regulations ruling before the year 1894 have been
preempted or adjudicated to other persons, the
government will indemnify, conceding to him public
lands of approximate value and as near as possible
to the place of habitation.
- Art. 4. The Government of
Nicaragua will permit the ex-chief of the Mosquito Indians,
Robert Henry Clarence, to reside in the Republic and to
enjoy its complete protection, providing he does not
infringe the laws and while his acts do not tend to excite
the Indians against Nicaragua.
- Art. 5., The Mosquito Indians
and all the inhabitants of the old reserve shall enjoy the
same rights guaranteed by the laws of Nicaragua to
Nicaraguan citizens.
- Art. 6. The present treaty will
be ratified and ratifications exchanged in London within the
term of six months, counted from the date of its
signatures.
In faith of which the respective plenipotentiaries have signed the
present treaty and sealed it with their seals.
Done at Managua
on the 19th of
April, 1905.
- Adolfo Altamirano,
Minister of Foreign Relations,
etc. - Herbert Harrison,
His British Majesty’s Chargé
d’Affaires.
