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the natives may be subject. They can not make any claim whatever nor ask for any indemnity except in the cases and in the manner in which Nicaraguans could do so.
Art. 11. The Republic of Nicaragua is a sacred asylum for any person taking refuge within its territory. Extradition for political crimes is prohibited, even if common crimes should result from them. The treaties shall establish the cases in which extradition may take place on account of common crimes.
ART. 12. Foreigners who may bring unjust diplomatic claims shall, unless the latter be adjusted in a friendly manner, lose all right to reside within the territory of the Republio.
RELATIONS WITH HONDURAS,
Mr. Baker to Mr. Gresham.
LEGATION OF THE UNITED STATES,
(Received November 23.) SIR: In the line of keeping you informed upon the condition of affairs in Central America, I inclose herewith a telegram detailing certain action by the Government of Honduras, which seems to threaten the peace of this country. I also inclose a copy of a personal letter which I addressed to Hon. Pierce M. B. Young, U.S. minister to Guatemala and Honduras, covering this telegram. The telegram and letter are self-explanatory.
I also transmit herewith copy of a telegram which tends to show the existence of a very unfriendly feeling in Salvador toward Nicaragua, and another mentioning some troubles on the frontier of Honduras. I am, etc.,
(Inclosure 1 in No. 135.)
Mr. Baker to Mr. Young.
LEGATION OF THE UNITED STATES,
Managua, Nicaragua, November 3, 1893. MY DEAR SIR: I take the liberty of handing you herewith a copy of a telegram which has come into my possession. It will give you a glimpse of the uneasy condition of political feeling in this section of the country. My excuse for troubling you with this cominunication is founded upon the threatening attitude of Honduras, which country is within your jurisdiction as a public official, towards Nicaragua. While it is true that a small number of political refugees from Honduras are now and have been for some time residing in Nicaragua, I feel reasonably well assured that the Government of this country entertains no hostile feelings toward its neighbor on the north. On the contrary, I am convinced that it the earnest and honest desire of the present Government of Nicaragua to cultivate the most friendly relations with all its neighbors, and that it is the bighest ambition of the President and his colleagues to give to this people a good and stable government, guaranteeing peace to the citizen and personal rights to all.
President Zelaya, Vice President General Ortiz, and the ministry are young men of good ability, and they have governed, considering the unsettled condition of affairs when they came into power, wisely and conservatively in the main. I do not pretend, Mr. Minister, to indorse all the acts of this Government, for the wisest men make mistakes, but I say that in the main they have acted well, and they seem to be striv. ing for the good of their people.
I write to you this personal letter upon my own impulse, and without having given a hint of the fact to any one, and I do so in the hope that you may feel inclined to exert your influence in such a way as seems to you best in the interest of the preservation of the peace and the promotion of the prosperity of these naturally rich countries.
I am the more earnest in my desire to avert war between Honduras and Nicaragua because of the fact that we have an important colony of Americans near the borders of Honduras, who are investing quite largely in the culture of coffee. I refer to the localities of Matagalpa and Jinotega. Further, a wise effort is at this time being made to induce capital and enterprise from abroad to build a railroad for the opening up of that section of Nicaragua.
I have recently returned from a month's visit to Costa Rica, and I am sure that I am not mistaken in saying that the Government in that country earnestly desires the preservation of peace throughout Central America. The Costa Ricans are engaged in a laudable effort directed to the development of the resources of their country, and I am of the opinion that those in authority will find better uses for the expenditure of their means and energies in this direction than in destructive wars.
I leave here to-morrow morning for Salvador, where my best offices shall be judiciously exerted toward a good understanding between the Governments to wbich I am accredited and in favor of the maintenance of peace among them.
It would afford me much pleasure to have you visit us at the legation in Managua at your convenience. Besides the pleasure such a visit would afford, I am sure that in the interest of the public service good would come of it. In fact, were it convenient for you to do so, I would be gratified to bave you join me during my present visit to Sal. vador and to accompany me to this city during the latter part of this month. I am sure that such a visit, affording you an opportunity to make the personal acquaintance of the men in power in these two countries, as well as a comparison of views and the exchange of information between ourselves, would result in much good to all concerned. I am, etc.,
(Inclosure 2 in No. 135.-Translation.]
To-day the Congress of this Republic issued the following:
DECREE No. 108. Whereas although the people of Nicaragua have taken no part in the disturbance of the peace in Honduras-repeatedly caused by aggressions from that Republic, and which have brought about such great and lamentalıle evils, and that, on the contrary, their natural sentiments of fraternity and sympathy for the Honduranean people have been increased --this Republic must, as a security against new outrages, take the necessary measures to prevent future disturbances, and thus protect the national honor and dignity and safeguard the various interests of the country already so severely damaged, the National Congress decrees:
Sole article. The executive power is authorized to declare and make war upon tho Government of Nicaragua as soon as the peace of this Republic shall be disturbed and any invasion shall take place from that of Nicaragua. Given in Tegucigalpa on the 30th of October, 1893.
D. President. JOAQUIN SOTO,
D. Secretary. SOTERO BARAHOVA,
D. Secretary To the executive power.
VASQUEZ. There are many Nicaraguan fugitives here, among whom, Yours, affectionately,
Mr. Baker to Mr. Gresham.
LEGATION OF THE UNITED STATES, San Salvador, Norember 18, 1893. (Received December 12.) SIR: I have advised you, under date of November 3, of impending troubles between Honduras and Nicaragua. I learn here from reliable source that Salvador has been appealed to by Honduras to intervene against Nicaragua, and that the Honduranean Government is recruiting troops. The Government of Salvador has replied to Honduras by wire, asking that hostilities be suspended until it may communicate by mail.
In this connection, I desire to call your attention to the treaty of peace and arbitration, which was signed in this city on May 23, 1892, by the commissioners from Guatemala, Salvador, Honduras, and Nicaragua, and ratified since that time by the Governments of Salvador, Honduras, and Nicaragua.
Article 11 of that treaty provides that "it is not indispensable for the validity of this treaty that it be ratified completely by all the Republics who sign it. The one who may approve it shall communi. cate the fact to the Government of Salvador, so that it may be communicated to the other contracting powers. This procedure shall serve in lieu of exchange of ratifications between the parties who may have approved it."
And, therefore, the fact would be valid in so far as the Republics of Salvador, Honduras, and Nicaragua are concerned, although the latter, while it approved the treaty, never advised Salvador of the fact.
The President of Salvador considers the treaty in force between the three nations, and, in accordance with that view and in the interest of peace, he has communicated by wire with the Governments of Honduras and Nicaragua, asking them to send each a commissioner to La Union of Salvador to meet there a commissioner from this country who will offer the friendly offices of this Government in an effort to submit to arbitration the questions at issue between Honduras and Nicaragua.
To this Honduras bas replied that, while the Government appreciates the friendly intervention of Salvador in this matter, it desires to await the reply of the other Central American Governments to its communication, similar in tenor to that sent to Salvador, mention of which was made above.
Nicaragua has replied, thanking the Government of Salvador for its intervention, and advising that a minister would be sent. I am informed also by a private letter from Costa Rica that that Government has offered its friendly offices to Honduras and Nicaragua in the interest of
a peaceful settlement of the matters at issue between them. This was done, in all likelihood, in reply to the communication of Honduras to the administration at San Jose, of which I speak in the preceding paragraph. I beg, etc.,
(Inclosure in No. 148.- Translation.)
MAY 23, 1892. The Governments of Honduras, Nicaragua, Salvador, and Guatemala, represented in the Central American peace congress, through their respective plenipotentiaries, viz: Dr. Don Adolfo Zuñiga for Honduras, General Isidro Urtecho for Nicaragua, Dr. Don Manuel Gallardo for Salvador, and Dr. Cayetano Diaz Merida for Guatemala, wishing to insure the benefits of peace between the Republics of Central America and to strengthen at the same time the sentiments of brotherhood which must serve as basis for the settlement of the disputes which may arise between them, have agreed to enter into a treaty covering these points, and to that end, after having exhibited their respective full powers, and after conferences and discussions on the subject, have agreed upon the following stipulations:
Akt. 1. The high contracting parties recognize and guarantee to each other, as a basis of their international public law, the following principles:
(1) Nonintervention in the internal affairs of the respective Republics. (2) The strictest neutrality in the questions or difficulties which may occur between two or more of the contracting Republics. Notwithstanding this, if any of these Republics shall permit, encourage, or protect the organization of factions within its territory, or shall invade another state, causing a "de facto” rupture, then the Dentral Republics shall make common cause and shall constitute themselves into a defensive alliance with the state offended or invaded, until they shall obtain the reestablishment of peace; and
(3) Arbitration as the sole method of settling or solving all questions or difficulties which may arise between the signatory Republics, whatever their cause, nature, or object may be.
ART. 2. For the safeguard and application of these fundamental principles a periodical delegation is established, composed of five plenipotentiaries, one being named by each of the Governments of Central America. This delegation shall be called the “Central American Diet,” and it shall hold its inaugural session on the 1st of January of the year 1893.
The sessions of the Central American Diet shall last ninety days, which may be extended, at the will of said diet, when the affairs of which it must take cognizance or the public interest demand it; and it may adjourn before the expiration of the term mentioned if it should deem it expedient.
The meetings of the Central American Diet shall take place, in turn each year, in the capitals of the contracting Republics, Guatemala, Salvador, Honduras, Nicaragua, and Costa Rica.
ART. 3. The Central American Diet has the following functions: (1) To offer its pacific mediation when there is danger of any disagreement between the contracting Republics.
(2) To settle, as arbitrators, questions which may be submitted to it if pacitic mediation should not suffice to end the dispute.
Art. 4. The Central American Diet has moreover the following functions: (1) To draw up all the treaties involving private international law in criminal, civil, commercial, and judicial matters.
(2) To draw up treaties for the Central American customs, monetary, postal, and telegraphic union.
ART. 5. When the signatory Republics wish to submit their disagreements or ques. tions to the arbitration of the Central American Diet, the Republic believing itself menaced or offended shall present to the diet, through its plenipotentiary, a memorandum stating the grounds of complaint. The plenipotentiary of the Republic against which the memorandum shall have been drawn up shall present one of explanations. If in that one there should also be complaints, the plenipotentiary who took the initiative shall reply.
With these documents before them the plenipotentiarios of the Republics not directly interested in the question shall deliberate in regard to the ineans of conciliation which may appear the most equitable and efficacious, and shall submit them to the consideration of the plenipotentiaries of the differing Republics, in order to try to reach an agreement.
If such agreement can not be attained, the competent plenipotentiaries shall naine arbitrators to complete the diet from among the ministers of the friendly nations, residing in Central America.
The majority of votes shall constitute a decisive award.
ART. 6. If when the Central American Diet is not in session any question should arise between two or more of the contracting Republics, the Governments having no interest in the dispute shall, upon hearing thereof, interpose their friendly offices to bring about a settlement. If this should not be possibile, they shall advise the contending parties to submit their disagreements to the arbitral award of the diet or of any friendly nation.
If the Governments concerned should express the desire that the diet settlo the pending question or disagreement, the latter shall be called together, without any loss of time, by one or more of the mediating or neutral Governments.
In this case the diet shall proceed in conformity with the provisions of article 5.
Art. 7. If the disagreeing Governments should not wish to snbmit their disagreements to the arbitration of the Central American Diet, the designation of the arbitrator, the terms of the question, and the rules to be observed until the rendering of the award, shall be the subjects of a special treaty.
Such treaty shall be signed within the term of four months after the grounds of disagreement shall have become known.
ART. 8. Until the contracting Governments shall agree upon special treaties regulating asylum and the recognition of their public documents, it is provided that the removal from the frontier of political refugees, stipulated in the treaties, shall take place without any further proceedings than the demand of the Government of the nation whence they come, to the Government of the nation in which they took refuge.
And it is also stipulated that the verification of the authenticity of public documents issued by any of the contracting Republics shall be sufficient to establish the validity and force of such documents and their effectiveness in securing in any of the Republics the results inherent to their nature as if they had been issued by that Republic itself.
ĀRT. 9. The treaties and conventions entered into heretofore by and between the Republics of Guatemala, Salvador, Honduras, Nicaragua, and Costa Rica in matters relating to peace, friendship, commerce, and extradition, and in any other matters not in conflict with the present stipulations, are considered valid and in force in conformity with the internal constitutional law of these countries.
ART. 10. The present treaty shall be submitted to the Government of Costa Rica for its adhesion.
Art. 11. It is not indispensable to the validity of this treaty that it be formally ratified by all the Republics who sign it. The one who may approve it shall communicate the fact to the Government of Salvador, so that it may be communicated to the other contracting powers. This procedure shall serve in lieu of exchange of ratifications between the parties who may have approved it.
In testimony whereof the respective plenipotentiaries sign this treaty in quadruplicate, at San Salvador, on the 23d day of May, 1892.
Mr. Baker to Mr. Gresham. No. 195.]
LEGATION OF THE UNITED STATES,
Managua, January 12, 1894. (Received February 2.) SIR: I beg to inform the Department that I am in receipt of a communication of the minister of foreign relations of the Republic of Nicaragua advising me that on the 25th ultimo the Government of Nicaragua decreed that,
ART. 1. Nicaragua, for the purpose of providing for its exterior security, recognizes as tho sole legitimate power of Honduras the provisional Government established in Los Amates, yesterday, under the presidency of Dr. General Policarpo Bonilla.
Art. 2. The Government of Nicaragua will act as ally of the provisional Government of Honduras. Given at Managua, December 25, 1893.
J. S. ZELAYA. I beg to remain, etc.,