[Translation.]

Mr. Marcoleta to Mr. Webster.

WASHINGTON, February 26, 1851.

MR. SECRETARY: Under date of the 13th of October, 1850, the undersigned addressed a communication to Mr. Abbott Lawrence, United States minister in London, and one subsequently, dated the 18th of last January, to Mr. Rives, who exercises the same functions near the government of the French republic, both of which notes contained the following declaration:

"SEÑOR MINISTER: The legation of Nicaragua has learned, from a reliable source, that the government of her Britannic Majesty has proposed to the government of the United States of America, as a means of settling the question of San Juan, the cession of that port to the State of Costa Rica. The tendency of this proposition being to deprive Nicaragua of her rights over this portion of her territoryrights which the forcible occupation of that port could not have destroyed; and, as this arrangement is moreover in opposition, not only to the interests of Nicaragua, but also to those of the American Company for the construction of the Atlantic Pacific canal, and this being a new occupation disguised under different forms, the undersigned declares, in the most peremptory, solemn, and positive manner, that his government, so far from being able or intending to accept this basis as the means of settlement, only sees in it a fresh act of injustice-a source of new difficulties and further complications.

The government of Nicaragua cannot, under any circumstances, consent to this new spoliation, equally at variance with all principles of equity and justice-it were to renounce, on the contrary, all those rights which have appertained to her from time immemorial-rights which she has never ceased to maintain from January 1, 1848,-the epoch when the British naval forces took possession of San Juan, in the name of the pretended Mosquito king.

"The undersigned, therefore, begs that the American minister will be pleased to make the foregoing declaration known; and, in the mean time, he avails himself of this opportunity to tender him the assurances of his most distinguished consideration."

As the undersigned is in possession of positive data, showing that the British government insists upon the arrangement alluded to, in furtherance of which it has prevailed upon the government of Costa Rica to set up false pretensions to the port of San Juan, I cannot do less than to repeat now the declaration which I made on the proper occasion to the representatives of the American government, both in London and in Paris.

The undersigned avails himself of this opportunity to tender to the Secretary of State the assurances of his most distinguished consideration. J. DE MARCOLETA.

Hon. DANIEL WEBSTER,

Secretary of State, &c., &c.

Mr. Molina to Mr. Webster.

LEGATION OF COSTA RICA,

Washington, March 28, 1851.

SIR: I have been specially instructed to represent, through your honorable medium, to the government of the United States of America that the republic of Costa Rica is very anxious to see the philanthropic views of this government in regard to Central America carried out, as contemplated by the ship canal convention entered into with Great Britain.

According to the provisions of that convention, both contracting powers, the United States and Great Britain, agreed to offer their good offices for the settlement of any differences existing between the States of Central America in regard to the territories over which the projected route shall traverse, with a view to remove the political difficulties embarrassing the execution of that great enterprise, and in the interest of humanity.

The government of the United States is probably aware that the republic of Costa Rica claims a right of dominion over all the country lying on the southern bank of the river San Juan, from the Atlantic ocean to the Lake of Nicaragua, as well as on that portion of the aforesaid lake comprised between Fort San Carlos and river La Flor, together with the right to the joint navigation of the above mentioned river San Juan and of Lake Nicaragua. Costa Rica consequently maintains that her concurrence and participation is necessary in order to open any interoceanic communication across the described localities. The State of Nicaragua refuses to recognize the validity of those claims, and pretends to exercise an exclusive control over all matters concerning said territories and said river and lake.

These differences have been for the last few years the subject of frequent discussions and misunderstandings between the governments of Nicaragua and Costa Rica, giving rise to an unnatural state of feeling between communities owing their existence to the same source, and connected by the ties of an equal religion and identical language, customs, and laws.

For its part, the government of Costa Rica, after having exhausted the means of arriving to a peaceful arrangement of such questions by a direct understanding with the neighboring State, as a sense of fraternity and good policy would recommend, has come to the conviction that the only way left for a settlement is to submit the whole affair to the arbitration of disinterested parties.

It is under this impression that Costa Rica accepted long time ago the high mediation of the United States and Great Britain, and that she appeals now to the justice and good will of this government, trusting that it will, as the tutelar power of this continent, dispense to her the same considerations that Nicaragua has obtained, and not afford to the latter country, by treaty or otherwise, any countenance or support injurious to Costa Rica.

We are likewise led to hope that pending the settlement of the conflicting claims the government of the United States will be pleased

to use its influence with the government of Nicaragua in order to prevent a collision which would only be attended with waste of life and property, and not with any final result.

The character of the present administration of the American Union, so highly distinguished for its wisdom and equity, is regarded by my government as a pledge that the reasonable demands of Costa Rica forming the subject of this communication shall be favorably listened to.

I think it, therefore, my duty to assure you beforehand that the names of the illustrious persons composing now the administration of this nation will forever occupy a prominent place in the grateful hearts of the Costa Rican people as the benefactors of that country.

With the renewed assurance of my high consideration and deep respect, I have the honor to remain, sir, your most obedient servant, F. MOLINA.

Hon. DANIEL WEBSTER,

Secretary of State of the Government of the United States.

Mr. Webster to Mr. Molina.

DEPARTMENT OF STATE, Washington, March 31, 1851.

SIR: I have the honor to acknowledge the receipt of your note of the 28th instant, expressing the anxiety of your government to see the philanthropic views of the government of the United States in regard to Central America carried out as contemplated by the ship canal convention entered into with Great Britain.

In reply, I have the honor to acquaint you that this anxiety is reciprocated by the President of the United States, who has determined to adopt, at once, all proper measures towards accomplishing the object. A distinguished citizen of this country, the honorable J. B. Kerr, late a member of the Congress of the United States, has been appointed and commissioned by the government of the United States as chargé d'affaires to that of Nicaragua. He will proceed on his mission about the 1st of May. Although accredited to the government of Nicaragua only, he will be directed by this department to visit the other governments of Central America, so far as may be in his power, to inquire into the causes of the controversies existing between them, and to urge upon all those governments the propriety of coming to terms of peace and amity between themselves. How desirable it is that those States should be united under one government! The President cannot willingly give up the hope that this will again be accomplished, and Mr. Kerr will be directed to express this sentiment respectfully to them all, and to suggest to their consideration how little the probability is that Central America, now a point so interesting to all nations, can ever attain her proper dignity and proper destiny while divided into so many small Ŝtates. But if this should be found hopeless, he will still be directed to urge upon.

all those governments, in the most friendly manner, the necessity of an immediate cessation of hostilities. The interfering claims of the respective governments of Central America can hardly be expected to be justly settled by the sword, and war among such States must be equally ruinous to the conquerors and the conquered.

Mr. Molina will understand that these sentiments are here advanced from no motive but a sincere regard to the interests of that country. In all that exists in Central America and in all that may occur hereafter, the United States pursue no private or selfish end whatever. They will not withhold their good offices or their acts of kindness from any of those States. They wish them all to become prosperous and happy. Their desire for this warrants the government of the United States not to use any terms of control or dictation, but to signify its good will and to offer its advice with all proper earnestness.

The position of Central America on this continent, at the present moment, excites an extraordinary interest in the civilized world. The lines of communication which are to connect the Atlantic and Pacific seas must, several of them, run through that country. In establishing these communications all civilized commercial States have a direct interest; and it may be taken for granted that this communication will be made, and therefore those governments cannot be too early nor too vigorous in their efforts to establish peace and harmony, if indeed they cannot establish political union among themselves, to the end that the rights of all may be protected and the whole country go forward in the progress of improvement.

I avail myself of this occasion, sir, to offer to you the assurance of my very distinguished consideration.

Señor Don FELIPE MOLINA, &c., &c., &c.

DANIEL WEBSTER.

[Translation.]

Mr. Marcoleta to Mr. Webster.

WASHINGTON, May 7, 1851.

The undersigned, envoy extraordinary and minister plenipotentiary of the republic of Nicaragua near the government of the United States, has the honor of enclosing to the Hon. Daniel Webster, Secretary of State, copies of two communications which have been transmitted to the government of Nicaragua, one by Mr. John Foster, British vice consul at Realejo, and the other by Mr. Frederick Chatfield, consul general and chargé d'affaires of England in Central America.

The character, contents, and date of these documents, have induced the government of Nicaragua to believe, and to feel convinced even, that Great Britain, notwithstanding the stipulations entered into, and the compromises solemnly agreed upon with the American government, on the 19th of April, 1850, designs to evade the exact ful

filment of the same, by giving a perverse and even a false interpretation to the letter and spirit of the provisions contained therein.

It has appeared to the government of Nicaragua, that compromises of this nature, the object of which is to assist in carrying out an undertaking of great magnitude, and of immense utility to the commercial world, ought to have been faithfully complied with, and fully carried into effect, immediately after the exchange of ratifications between the contracting parties.

Unfortunately, experience has shown the contrary; and proofs are accumulating daily to the effect that the only object which Great Britain has proposed to herself is to evade the compromises aforesaid, and to prolong a state of things which is fatal to the entire commerce of the world, contrary to justice and to equity, offensive to the dignity and independence of Nicaragua, and injurious to her interests and to the fostering and developement of her natural resources.

If to these considerations we add the insults and vexations which are daily inflicted by British officers and British agents, who, owing to the want of capacity on the part of the protected Mosquitos, exercise authority in the name of that savage tribe, against the honor, the dignity and the respect due to the government and the citizens of the republic, it should not be wondered at if the government and the people of Nicaragua, exasperated beyond endurance, were to overstep the boundaries of that moderation and forbearance which, until this day, have been the rule and the guide of their conduct.

Nicaragua is well aware that, under any other circumstances, her interference in the affairs of two great foreign powers might be liable to censure, as ill-advised and unreasonable; but in the present case, when the subjects under consideration affect, in so direct a manner, her interests, the integrity of her territory and her political existence, she thinks it her duty to be vigilant, and to protest, as she does protest through the medium of her representative, against those acts which bear ostensible evidence of a flagrant violation of solemn contracts and sacred compromises, which are so intimately connected with her political, territorial, and mercantile interests.

The undersigned hopes, therefore, that the government of the United States, duly appreciating the contents of this dispatch and those of the accompanying documents, will hasten to adopt some measures worthy of the noble principles which constitute the foundation of American policy, and in harmony with the good and friendly relations and the interest which the government and people of the United States have manifested, and still continue to manifest daily, towards their sister republic of Nicaragua, to which they are bound by so many intimate ties, that are happily being drawn closer and closer between them.

The undersigned avails himself of this opportunity to renew to the honorable Mr. Webster, Secretary of State, the assurances of his most distinguished consideration.

Hon. DANIEL WEBSTER.

J. DE MARCOLETA.