The Secretary of State to the Costa Rican Minister.
Washington, February 8, 1906.
Sir: I have the honor to inform you that on the 27th ultimo the department sent a telegraphic instruction to the American minister to Costa Rica, in which he was informed that it had been represented to the department that the American Banana Company was suffering through eviction and the seizure of its property in the disputed Sixola territory, and he was directed to say to the Costa Rican Government that while we do not deny the power of Costa Rica and Colombia or Panama to make a provisional agreement regarding the administration of the disputed territory pending the definite settlement of its ownership, we do not concede the power of the provisional administrator to execute judgments in the capacity of sovereign until the sovereignty of the territory is adjudicated and the courts of the sovereign have passed upon the questions involved.
Mr. Merry was also instructed to say that we do not concede the right of either Government to prejudice the ultimate rights of American citizens therein by adverse action in advance of such definitive adjudication; and that this Government does not undertake to determine the conflicting claims of title made by the American Banana Company and by other American citizens, but will reserve in behalf of any injured American citizen as against either Costa Rica or Panama, all rights that pertain to the territory and for the infringement of which its rightful sovereign may be found responsible.
A similar instruction was sent to the American minister to Panama.
Accept, etc.,