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and if the Government of Guatemala be, as represented, gathering forces on the frontier of Honduras for an attack, to the end that those troops be withdrawn and the peace undisturbed in the Central American Republics.

I have, etc.,

José F. GODOY.

File No. 7357/6.

The Costa Rican Minister to the Acting Secretary of State.

[Translation.]

LEGATION OF COSTA RICA,

Washington, August 14, 1907.

SIR: Referring to previous conversations I have had the honor to have with Hon. Mr. Bacon, Acting Secretary of State, and with yourself touching present conditions in Central America, I have the honor, by direction of my Government, to inform you that the Government of Costa Rica has recognized the provisional government of the Republic of Honduras presided over by Mr. Dávila.

Be pleased, etc.,

J. B. CALVO.

File No. 7357/7.

No. 23.]

The Mexican Chargé to the Acting Secretary of State.

[Translation.]

EMBASSY OF MEXICO, Freeport, N. Y., August 17, 1907. HONORABLE SIR: Confirming the statement made in this embassy's note No. 20, dated the 12th instant, in regard to the recognition of the provisional government of General Dávila in Honduras, I have the honor to inform you that I am advised by the minister of foreign relations that, in view of this embassy's telegrams communicating the intentions of the Government of the United States of America and owing to the urgency of the case, he immediately telegraphed to the chargé d'affaires of Mexico near the Government of Salvador to declare, through the consul-general of Mexico in Honduras, that the Mexican Government formally recognizes the provisional government of General Dávila and the neutrality of Honduras.

While having the honor of communicating the foregoing to you, I take the liberty of saying, under special instructions received from my Government that news is constantly coming about the war, which seems to be inevitable, between Nicaragua and Guatemala, the latter being the aggressor and acting in concert with the Salvadorean Government, and, further, that it is reported that there are Guatemalan forces at Santa Clara and Puerto Cortes.

I have pleasure in renewing, etc.,

José F. GODOY.

File No. 7357/-1.

The Acting Secretary of State to the Provisional Minister for Foreign Affairs of Honduras.

DEPARTMENT OF STATE,

Washington, August 23, 1907.

SIR: I have the honor to acknowledge the receipt of your excellency's note of June 1, 1907, by which you announce to the Secretary of State of the United States the formation of a provisional government in Honduras under the presidency of Gen. Miguel R. Dávila, and with which you inclose an autograph letter addressed to the President of the United States by General Dávila, announcing his assumption of the provisional presidency.

Being advised of the competency of the provisional government to perform international obligations, and being satisfied with the steps taken to revive the constitutional régime in Honduras and to provide for the election of the executive thereof, the President has directed the recognition of the provisional government and will, upon his return to Washington, have the pleasure to receive Mr. Angel Ugarte in personal audience for the purpose of presenting the credentials which he bears as the appointed envoy extraordinary and minister plenipotentiary of the provisional government of Honduras.

In the meantime the department will be pleased to transact with Mr. Ugarte any necessary business pertaining to his mission.

The President's reply to General Dávila's communication will in due time be delivered through Mr. Joseph W. J. Lee, the minister of the United States at Guatemala City, who will, pending the establishment of a new representation to Salvador and Honduras, hold any necessary intercourse with the provisional government on the part of the United States.

I avail myself, etc.,

1

ALVEY A. ADEE.

File No. 7357/2.

The Acting Secretary of State to the Honduranean Minister.

No. 1.]

DEPARTMENT OF STATE, Washington, August 23, 1907.

SIR: Referring to the note addressed on June 1, 1907, by the provisional minister for foreign affairs of Honduras to the Secretary of State, announcing the formation of a provisional government in Honduras under the presidency of Gon. Miguel R. Dávila, and to your note of the 8th instant, announcing the steps taken to revive the constitutional régime in Honduras and to provide for the election of the executive thereof, I have the honor to advise you that the President has directed the recognition of the provisional government and upon his return to this capital will have the pleasure to receive you in personal audience for the presentation of the credentials, which by your note of June 18, 1907, this department is informed you bear,

85111-FR 1907-VOL 2

Not printed.

as the appointed envoy extraordinary and minister plenipotentiary of the provisional government of Honduras.

In the meantime this department will be pleased to transact with you any necessary business pertaining to your mission.

Referring further to your note of July 4 last, I beg to say that note is taken of your statement of the purpose of Honduras to preserve a neutral attitude as regards questions pending between the Central American Republics.

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Mr. Adee informs Mr. Lee that the President has directed that the provisional government of Honduras be recognized and that pending formal presentation of credentials the Department of State will transact provisionally any necessary business with the appointed minister. Directs Mr. Lee to advise the Government of Honduras that, pending the establishment of new representation to Salvador and Honduras, he will hold any necessary intercourse with the provisional government.

File No. 7357/10.

The Honduranean Minister to the Acting Secretary of State.

[Translation.]

LEGATION OF HONDURAS, Washington, September 16, 1907. SIR: I have the honor to inform your excellency that on yesterday, the 15th of September, anniversary of the political emancipation of Central America, the constitutional régime was reestablished in the Republic of Honduras.

I improve this opportunity, etc.,

ANGEL UGARTE.

GOOD OFFICES OF THE UNITED STATES AND MEXICO FOR THE CONSERVATION OF PEACE IN CENTRAL AMERICA.

File No. 3691/11.

No. A-4.]

Chargé Bailey to the Secretary of State.

AMERICAN LEGATION,

TO COSTA RICA, NICARAGUA, AND SALVADOR,
San Jose, Costa Rica, January 9, 1907.

SIR: I beg to confirm the following telegram:

I have the honor to state that on the morning of the 7th instant the minister of foreign affairs here called at this legation with an offi

a Not printed.

cial dispatch from the Government of Nicaragua, in which said Government states that it declines to be bound by the terms of the treaty on board the Marblehead on July 20, 1906. He also showed me a telegram just received from the President of Honduras stating that he had just ordered the militia of his country to proceed at once near the boundary of Nicaragua and Honduras to suppress revolutionary movements against his Government, which he believed to be aided by President Zelaya, of Nicaragua.

These documents, together with the urgent request of the foreign minister here, caused me to send the above cable as a matter of immediate information to the department and in the interest of peace in Central America.

As a matter of further information to the department, I have the honor to transmit herewith (inclosure No. 1) copy and translation of correspondence from the Government of Costa Rica relative to the treaty of peace, amity, and commerce, which met at this capital on September 15 last, which gives the attitude of the Nicaraguan Government toward said treaty as well as its position toward the pact of Corinto, signed on January 20, 1902, and the convention of the Marblehead, celebrated July 20, 1906.

I have, etc.,

JAMES G. BAILEY.

[Inclosure 1.-Translation.]

The Minister for Foreign Affairs of Costa Rica to the Minister for Foreign Affairs of Nicaragua.

SAN JOSE, October 25th, 1906.

YOUR EXCELLENCY: The conference of peace, friendship, commerce, etc., which met at this capital at one p. m. on the 15th day of September last, and to which attended the delegates of the Republics of El Salvador, Guatemala, Honduras, and Costa Rica, gave as a result the forming of a general treaty and two conventions, of which one was for the establishment of a Central American Pedagogical Institute and another for the foundation of an International Central American Office. As your excellency will see by the document which I have the honor to enclose herewith, as much for the treaty as for the two conventions, that these are inspired in the most high spirit of Central Americanism, as one and the other tend to affirm cordiality and good harmony between the countries of the old country, and to make more frequent and affectionate the individual and social relations in the Central American family. In the last session held by the delegates the point was treated of, as was quite natural, that it would be very pleasing that the conclusions of same be advantageous to the five sections of the old country, including Nicaragua, the only one which was not represented at the conference, and there was given to the Government of Costa Rica the honorable commission of proposing to your excellency's Government to adhere to the treaty and conventions to which I make reference. Following, then, the instructions of my Government, I now have the honor to comply, by means of the present note, that gratifying commission, expressing at the same time that the illustrious Government of your excellency note by same the expression of interest which we would wish by all possible means make each time more and more intimate, ties that bind us to that brother country and to its worthy Government.

With sentiments of the most distinguished consideration, I have the honor to subscribe myself,

Your excellency's obedient servant,

LUIS ANDERSON.

[Inclosure 2.-Translation.]

The Minister for Foreign Affairs to Chargé Bailey.

SAN JOSE, January 8, 1907. HONORABLE SIR: I have had the honor of receiving your excellency's note of the 7th instant, in which you request information with reference to the action of the Government of Nicaragua with regard to the treaty of peace signed in this city on the 25th September last by the delegates to the conference of peace. In reply it is gratifying to me to say to your excellency that, notwithstanding the refusal of the Government of Nicaragua to concur to the conference of peace, the governments who signed the treaty of peace in reference earnestly desiring that the five Central American Republics be coparticipants in the benefits of peace and fraternity of well being and of open and sincere intelligence, in which the principal clauses of said treaty are inspired, agreed to forming same in a manner that if there was good will on the part of the Government of Nicaragua this Republic could adhere itself to such a transcendental negotiation. Thus recorded explicitly in the protocol of conferences previous to the treaty, of which first session I copy:

"A discussion followed in which all the delegates took part, and in the course of which there was taken into consideration the absence of representation by part of Nicaragua, the unanimous desire having been made manifest that in the deliberations of the conference everything be carried on in a form that would facilitate the adhesion of the Government of that Republic to the resolution adopted, since the principal aim is to revive and stimulate the sentiments of fraternal harmony and cordiality between the five entities of the common country with the view of seeing realized the just aspirations to a solid and lasting peace that efficaciously promotes the development of the great moral and material interests which call them to form some day one solitary nation. In addition to this and with the fraternal purpose before mentioned in the fifth session it is resolved that the treaty will be communicated to the sister Republic of Nicaragua and if subscribed to will be accepted as a part thereto from the beginning."

As it is clearly seen from what has been stated, the most elevated of Central Americanism and the desire of not keeping Nicaragua at a distance, presided in the preparation of the treaty. Nevertheless, in virtue of the results in the fifth session and by reference to a matter of such vital importance for the peace and consequent progress of the total family of Central America, my Government deemed it well to communicate the treaty to that of Nicaragua and invite same to give its adhesion, in note of 25th October last, a copy of which I have the honor to forward to your excellency.

Thus, the state of affairs, and when all awaited a favorable reply, with unexpected surprise my Government received an answer in the negative from the Government of Nicaragua, stated in note of 20th December last, in which it cites as a principal motive to justify its negative the opposition which is believed to be found between the pact of Coninto, signed on 20th January, 1902, and the convention of the Marblehead, celebrated on board said cruiser the 20th of July, 1906, of which, as stated by that chancellery, the treaty of San Jose amounts to the same as a ratification, and considers for the same the following:

"In the first instance, it is to be understood that the treaty of peace and arbitration signed at Corinto, 20th of January, 1902, and was solemnized by the presence at that port of their excellencies the Presidents of Costa Rica, El Salvador, Honduras, and Nicaragua establishes the compromise of submitting to a tribunal of Central American arbitrators all difficulty or question that might rise between the contracting parties (Art. II). The stipulations of this international pact constitute for Nicaragua a perfect positive right in its relations with the other States signing. Nevertheless, by Article III of the treaty of San Jose, the Governments of El Salvador, Guatemala, and Honduras compromise themselves to submit their difficulties to arbitration of the Presidents of the United States and of Mexico. In view of such a compromise, and before proceeding further, it is not inofficious to state that, this last being a consequence of the pact celebrated on board of the Marblehead the 20th of July last, which obligates as well those three countries, does not correspond, as it is natural for Nicaragua to impose on itself the obligation in question, as it takes as a pretext the disposition of the Article II of the pact of Corinto as has been

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