even to risk doing an injury to any one of the other Central American States, by determining, without due examination, a controversy which it may have with any other of those States. If, however, a sense of duty were not sufficient to prevent the adoption of such a course on our part, the stipulation in our treaty with Great Britain, above referred to, makes it a positive obligation. On the 5th of August last, Mr. Molina, the minister of Costa Rica at London, addressed a note to Mr. Abbott Lawrence, stating that his government, fully concurring in the philanthropic views set forth in the convention signed at Washington on the 19th of April, 1850, was willing to submit the question of her rights over the territories in dispute between Nicaragua and herself to the combined mediation of the United States and Great Britain, and to regard their joint decision as final, provided that Nicaragua shall have previously placed herself under a similar obligation. Mr. Molina is now the minister of Costa Rica at Washington. You will herewith receive a copy of a recent correspondence between him and the department upon this subject. In his note of the 31st of March, he states that his government 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 a right to the joint navigation of the above mentioned river San Juan and of Lake Nicaragua. If, therefore, the line of the interoceanic canal should be on the south side of the river or in the bed thereof, a guaranty by us to Nicaragua of dominion over it would be in defiance of the claim of Costa Rica referred to. Under these circumstances, you will represent to the government of Nicaragua that this government cannot undertake to guaranty the sovereignty of the line of the canal to her, until the course which that work shall take with reference to the river San Juan and its terminus on the Pacific shall be ascertained, and until the differences between Nicaragua and Costa Rica, respecting their boundary, shall be settled. You will suggest that it would be advisable for them to empower the minister of Nicaragua here to adjust the question of limits, and, you may add, that it is quite probable, if it should be adjusted under the auspices of both Great Britain and the United States, that adjustment might be made to embrace a settlement of any other question which Nicaragua may have with other powers respecting her territories on the Carribean sea. If, however, the Nicaraguan government should refuse to authorize Mr. Marcoleta to negotiate upon this subject, you will then intimate to her authorities that the United States will not regard with indifference any attempt on her part to wrest by force from Costa Rica any territory of which the latter State may now be in peaceable possession. I am, sir, very respectfully, your obedient servant, J. BOZMAN KERR, Esq., &c., &c., &c. No. 6. Mr. Webster to Mr. Kerr. DEPARTMENT OF STATE, Washington, June 6, 1851. SIR: If an inquiry should be addressed to you, in Nicaragua or elsewhere in Central America, as to whether the United States have recognised the Mosquito kingdom, or contemplate such a measure, you may answer decidedly in the negative. Any other course would be at variance, not only with the policy hitherto pursued by the United States in regard to the aboriginal inhabitants of the American hemisphere, but also with that of the European nations who made discoveries and planted colonies there. I am, sir, very respectfully, your obedient servant, J. BOZMAN KERR, Esq., &c., &c., &c. DANIEL WEBSTER. Mr. Webster to Mr. Molina. DEPARTMENT OF STATE, Washington, June 10, 1851. The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note of Mr. Molina, envoy extraordinary and minister plenipotentiary of the republic of Costa Rica, accompanied by a printed memoir and documents in manuscript relative to the boundary between that republic and the republic of Nicaragua. In reply, the undersigned has the honor to acquaint Mr. Molina that his communication will be taken into respectful consideration. The undersigned avails himself of this occasion to offer to Mr. Molina renewed assurances of his very distinguished consideration. DANIEL WEBSTER. Señor DON FELIPE MOLINA, &c., &c., &c. Mr. Molina to Mr. Webster. WASHINGTON, June 21, 1851. SIR: In compliance with your desire, I here proceed to state to you what I consider to be the pretensions, claims, and rights of Costa Rica with respect to the river San Juan and the territories in dispute between her and Nicaragua. They are as follows: The republic of Costa Rica maintains, in my opinion, with perfect justice and on the most clear titles, as her frontier, the whole course of the river San Juan and the shores of the Lake of Nicaragua from Ex. Doc. 25-4 the place where that river issues from the lake to a point opposite the mouth of the river La Flor, on the Pacific, including, of course, in this demarcation the district of Guanacaste, otherwise called Nicoya. Costa Rica likewise claims an equal right with Nicaragua to the navigation of the aforesaid river San Juan and of the lake, and to the dominion of port San Juan. These propositions I undertake to demonstrate in open conferences or debates with the minister of Nicaragua. Consequently, my government is under the impression that no interoceanic communication ought to be established through the port, river, and lake in question without the consent of Costa Rica, and her participation in all the direct and indirect advantages to be derived from said undertaking, and that Nicaragua, when contracting for said enterprise on her sole authority, has encroached on the rights of Costa Rica. Nicaragua, on the other hand, assumes that she has a right to the exclusive navigation of the river San Juan and of the lake; that the port of San Juan appertains solely to her; that the territory of Costa Rica does not extend to the southern bank of the river San Juan, but instead of that ought to be bounded by a line drawn from a point on the Atlantic, situated midway between Port San Juan and Port Matina to the river Salto; and, finally, that the district of Guanacaste is a part of Nicaragua, and not of Costa Rica. In order not to make this communication too long, I refer you, for the grounds on which the case of Costa Rica principally rests, to the memoir and documents that I have had the honor to transmit to you, and of which I beg to call your attention to the annexed extracts, (enclosures Nos. 1, 2, and 3.) Having thus briefly stated what I consider to be the right of Costa Rica, I shall venture, as briefly as possible, to indicate the manner in which, it appears to me, the difference between her and Nicaragua may be amicably arranged. The first observation here to make is, that I am prepared to enter into an engagement in the name of my government that all the questions should be settled by the arbitration of the United States and Great Britain, it being understood that if they (the said powers) differ in any point, that difference should be decided by reference to a third power on whom they should mutually agree. Spain, from the affinity which still exists between the people of Central America and the country from which they take their origin, is the State which appears to me would, in case of a necessity of any such a third arbiter, be chosen with most satisfaction to both the interested parties. You may, however, further require from me what I think would be the most just and easy mode of settling by adjustment or compromise those questions on which it may be difficult to form any absolute decision. With regard to this point, having already called your attention to the fact that Nicaragua has not only assumed to herself the sole right of navigating the river San Juan, but has actually granted that and other rights appertaining thereto to a company, without any consultation with, or benefit conferred upon, Costa Rica, I should suggest, in order not to interfere with the great work at present contemplated, that Costa Rica should consent to the grant that has been made by the State of Nicaragua without deriving any benefit whatsoever therefrom (it being always understood that she retains the right of transit upon the same river) in consideration of some equivalent. The first and most natural thing to conceive is that which, in reality, offers no point of dispute, namely: the territory to the south of the port of San Juan, which I think I can without hesitation assert is already indubitably the right of Costa Rica. The second would be the abandonment of Nicaragua of her claim over the territory of Guanacaste. If, however, it were found more convenient for the general settlement that the town now called Greytown, and occupied by the Mosquito people under the protectorate of Great Britain, should be ceded to the government of Costa Rica, together with a certain territory adjoining thereto, in virtue of some concession made by Costa Rica with regard to a portion of the territory of Guanacaste, lying on the lake and on the river San Juan, Costa Rica would accept this arrangement, though she would do so to her disadvantage, inasmuch as she could derive no particular benefit from it, for the following reasons: 1st. Possessing as she does a legitimate right to the southern side of the harbor, the acquisition of the northern side is not an object of vital importance to her. 2d. If after resigning her share in the profits of the interoceanic route, which is in itself a consideration of immense value, Costa Rica is to give besides a portion of Guanacaste, she would have then given more than she receives. 3d. The lands of Guanacaste are of a far greater value to Costa Rica than the territory on the northern side of port San Juan, because the former are bordering on the towns and cattle estates of the republic. 4th. By the dismemberment of a portion of Guanacaste, Costa Rica would lose a part of that natural and well defined line of boundaries which she is intent on maintaining, and which has been of the greatest consequence since the two countries (Costa Rica and Nicaragua) became separate nationalities. This last suggestion brings me to a point which is now of much importance, and on which you have requested my opinion, to wit: "In what manner the question as to the occupation of Greytown, if the Mosquito government is withdrawn therefrom, can be arranged. One mode of disposing of this matter is that which I have just alluded to. Another would be that of placing the port of San Juan under the joint rule of the five republics of Central America, in which case Costa Rica would cede a certain extent of territory on her side of the harbor, in favor of such a union. This plan offers the advantage of affording a common object to the alliance of those republics amongst themselves. A third manner would be that, if Nicaragua could in any way obtain from Great Britain the transmission of Greytown to herself, and from Costa Rica the cession of all those profits that the latter might be entitled to derive from the company to which Nicaragua has granted the navigation of San Juan; the State of Nicaragua should abandon her pretensions to any of the territories claimed by Costa Rica, recognizing at the same time, purely and simply, our whole line of frontier, and our right of transit over the waters of the river San Juan and up lake Nicaragua. As this, however, involves the consent of Great Britain, which it may be difficult to obtain, I can only speak of it as an arrangement which would be received with satisfaction by my country. Before concluding these remarks, I should wish to draw your attention to a subject bearing on the preceding questions, and especially connected with the general happiness and prosperity of Central America, namely, "the expediency of devising some mode, either by mediation on the part of the two friendly governments of Great Britain and the United States, or by the construction of some board of arbitrament, formed by the different States of Central America themselves, for the peaceful adjustment of all subjects of litigation which may give rise to unnecessary wars between them." I add a short memorandum as to what I know of the Mosquito coast from the period of its discovery to the present time. I take this opportunity to renew to you the assurances of my highest consideration and deep respect, and have the honor to remain, sir, Your most obedient humble servant, Hon. DANIEL WEBSTER, Secretary of State. F. MOLINA. Memorandum on the Mosquito Coast. The lands on the northern side of the river San Juan, from their discovery by the Spaniards to the present date, have always been unoccupied. There lies Mosquitia, called by the Spaniards Tologalpa, (see Juarros,) which during the colonial period was considered as a province or rather a territory of the government of Nicaragua. It is a curious fact that the Mosquito coast was included in the charters granted by the Spanish monarchs to the first settlers of Costa Rica. The principal attempt made by the Spaniards to colonize that territory was the foundation of the city of Jaen, about thirty leagues north of the river San Juan, which took place nearly two centuries ago; but that city was not long time in existence. I believe they never tried to form any establishments on the sea coast, but in several instances they undertook, although unsuccessfully, the civilization of those Indian tribes bordering on the settled portions of Honduras and Nicaragua. The insalubriousness of the climate, the scanty numbers of the aborigines, and the depredations of pirates, were a constant check to the civilization of that territory. It is next to impossible to colonize such countries, without finding on the spot the assistance of plenty native labor, or undertaking the importation of Africans or some other dark race from elsewhere. The river San Juan was known to the Spaniards from a very early date, but they only erected two military settlements on its banks, namely: the fort of San Carlos, at the place where the river starts from the lake, and another fort twelve leagues below, built at the end of the seventeenth century on the southern bank, which was then |
