Herbert William Broadley Harrison, knight member of the very distinguished Order of St. Michael and St. George, chargé d'affaires of His Britannic Majesty in Nicaragua, and His Excellency the President of the Republic of Nicaragua to Doctor Adolfo Altamirano, minister of foreign affairs: Who, having communicated their respective plenary powers, and finding them in good and due form, have agreed in the following articles: ARTICLE I. The high contracting parties agree in that the treaty of Managua of January 28, 1860, is permanently abrogated. ARTICLE II. His Britannic Majesty recognizes the absolute sovereignty of Nicaragua over the territory which formed the ancient Mosquito Reserve to which the beforecited treaty of Managua refers. ARTICLE III. In consideration that the Mosquito Indians were some time under the protection of Great Britain, and looking to the interests which the Governments of His Majesty and of Nicaragua have shown in their favor, the Government of Nicaragua agrees to grant them the following concessions: (a) The Government will propose to the National Assembly the emission of a law which exempts, for the term of fifty years, counted from the date of the ratification of this treaty, all of the Mosquito Indians and the Creoles born .before the year 1894 from military service and from all direct taxation upon their persons, properties, possessions, animals, and means of subsistence. (b) The Government will permit the Indians to live in their villages, enjoying the concessions granted by this convention, and according to their own customs, provided that they do not oppose the laws of the country and the public morality. (c) The Government of Nicaragua will concede a prolongation of two years in order that they legalize their rights to the properties which they may have acquired in conformity with the regulations that reigned in the reserve before the year 1894. The Government will charge them nothing for the lands and its surveys, nor for the granting of titles. With this object the titles which are found in the possession of the Indians and Creoles before 1894 will be renewed in conformity with the laws, and in such cases where such titles do not exist the Government will give to every family in its place of residence eight manzanas of land, if the members of the family do not exceed four, and two manzanas for every person if they are in excess of that number. (d) Public farming lands will be designated for the use of the inhabitants in the neighborhood of every Indian village. (e) In case any Mosquito Indian or Creole prove that the lands which he had in conformity with the old regulations before the year 1894 have been denounced or adjudicated to other persons, the Government will indemnify him, conceding him uncultivated lands of approximate value as near as possible to the place he inhabits. ARTICLE IV. The Government of Nicaragua will permit the ex-chief of the Mosquito Indians, Robert Henry Clarence, to reside in the Republic and to enjoy complete protection, provided that he will not infringe the laws, and provided that his acts do not tend to incite the Indians against Nicaragua. ARTICLE V. The Mosquito Indians and other inhabitants of the ancient reserve will enjoy the same right guaranteed by the laws of Nicaragua to Nicaraguan citizens. ARTICLE VI. The present treaty will be ratified and the ratifications exchanged in London within the term of six months from the date of signing. In faith of which the respective plenipotentiaries have signed the present treaty and sealed it with their seals. Done in Managua, the nineteenth day of April, nineteen hundred and five. (L. S.) (L. S.) (Signed) (Signed) ACT OF EXCHANGE. ADOLFO ALTAMIRANO. The undersigned having met for the object of exchanging the ratifications of a treaty celebrated between the President of the Republic of Nicaragua and His Majesty the King of the United Realm of Great Britain and Ireland and the British Possessions beyond the Seas, Emperor of India, relative to the Mosquito territory, which treaty was signed in Managua the 19th of April, 1905, and having carefully compared the text of the respective ratifications and finding them conformable, the exchange referred to was effected in the accustomed form. In testimony of which the present attestation was signed and sealed. Done in London the 24th of August, 1906. (L. S.) (L. S.) (Signed) CRISANTO MEDINA. Article of the treaty of commerce relative to the abolishment of the privileges of the free port of San Juan del Norte. ARTICLE II. The privileges of the free port of San Juan del Norte are annulled. The port will continue open to commerce, the facilities of navigation will be maintained and improved, and a sufficient number of bonded warehouses will be established. The port will be under the same conditions as the others of the Republic with respect to the taxes and duties and regulations over foreign navigation and commerce and of the municipal taxes. ACT OF EXCHANGE. The undersigned having met for the object of exchanging the ratifications of a treaty of friendship, commerce, and navigation celebrated between the President of the Republic of Nicaragua and His Majesty the King of the United Realm of Great Britain and Ireland and of the British Possessions beyond the Seas, Emperor of India, which treaty was signed in Managua the 28th day of July, 1905, and having carefully compared the text of the respective ratifications and finding them conformable, the exchange referred to was effected in the accustomed form. In testimony of which the present attestation was signed and sealed. (Mr. Bailey reports that the Nicaraguan minister for foreign affairs has been assassinated.) The Secretary of State to Chargé Bailey. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Root directs Mr. Bailey to express to the Nicaraguan Government, by telegraph, this Government's sympathy in the loss Nicaragua has sustained in the assassination of its minister of foreign affairs, and its abhorrence of the atrocious deed.) No. 1173.] Chargé Bailey to the Acting Secretary of State. AMERICAN LEGATION, San José, Costa Rica, July 5, 1906. SIR: Referring to the department's cable of May 10 last, instructing me to express to the Nicaraguan Government the sympathy of the United States Government, etc., on account of the assassination of its minister of foreign affairs, Senor Adolfo Altamirano, I have the honor to transmit herewith (inclosure No. 1), for the information of the department, copy and translation of the Nicaraguan Government's reply thereto. With assurances of my highest consideration, etc., JAMES G. BAILEY. [Inclosure.-Telegram.-Translation.] PALACE, MANAGUA, San José, Costa Rica, May 15, 1906. I have had the honor to receive your attentive telegram which, by cable instructions received from your Government, expresses to this Republic its most profound sentiments in regard to the sad death of the minister of foreign relations, Sr. Don Adolfo Altamirano. I beg that you will be good enough to transmit to the Government of the United States our protests of the most sincere gratitude on the part of Nicaragua for its noble sentiments of sorrow, which constitute a lenitive for the intense grief that has been caused this Government, as well as the entire country, in the irreparable loss of one of its most illustrious sons. J. R. SEVILLA. RIGHTS OF AMERICAN CITIZENS IN DISPUTED TERRITORY. [See also under Panama, p. 1201.] The Secretary of State to Minister Merry. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, January 27, 1906. (Referring to questions affecting the American Banana Company, Mr. Root states that it is represented that the company is suffering through eviction and seizure of their property in the disputed Sixola territory, and instructs Mr. Merry to say that while this Government does not controvert the power of Costa Rica and Colombia or Panama to make a provisional agreement respecting the administration of that territory pending the definite settlement of its ownership, it does 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 matters involved. Says that the Government of the United States does not concede the right of either to prejudice the ultimate rights of American citizens therein by adverse action in advance of such definite adjudication, and that it does not undertake to determine the conflicting claims of title made by this company and by other American citizens, but it will reserve in behalf of any injured American citizen, as against either Costa Rica or Panama, all rights which pertain to the territory, and for the infringement of which its rightful sovereign may be found responsible. Informs Mr. Merry that a similar communication is made to the Government of the Republic of Panama.) Same mutatis mutandis to Panama. No. 56.1 The Secretary of State to the Costa Rican Minister. DEPARTMENT OF STATE, 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 sovcreignty 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., 59605 -FR 1906 75 ELIHU ROOT. No. 1152.] ELECTION OF THE PRESIDENT OF COSTA RICA. Minister Merry to the Secretary of State. [Extract.] AMERICAN LEGATION, San José, Costa Rica, April 4, 1906. SIR: I have the honor to advise the election as President of Costa Rica of Señor Cleto Gonzales Viquez by the electoral college which convened at the seven capitals of the departments on the 1st instant. The new Executive will be inaugurated on May 8, for a four years' term. Señor Gonzales is 51 years old, born in the neighboring Province of Heredia, and a lawyer of good reputation, with considerable ability. He was at one time minister of fomento (public works). president of the municipal council of the city and Province of San Jose, and president of the College of Law at San Jose. He has traveled abroad considerably and speaks English fairly well. With assurances of my highest consideration, etc., WILLIAM LAWRENCE MERRY. No. 1119.] IMMIGRATION LAW OF COSTA RICA. Minister Merry to the Secretary of State. | Extract.] AMERICAN LEGATION, San José, Costa Rica, December 21, 1905. SIR: I have the honor to advise that on the 15th instant I received the following telegram from Consul Demers at Limon: Two prominent Syrian-American merchants carrying American passports, returning to their business in Bolivia via Colon, not permitted to land to await steamer of 21st for Colon. Unless prompt permission is obtained they will be deported to New Orleans, whence they came. Details follow. I stand responsible for their leaving for Colon by first steamer. I promptly called upon the minister for foreign relations and stated the case, offering to instruct the consul to give his official written guaranty under seal for their departure as stated above. Having occasion to visit Limon on the 16th instant, I met the three parties. My offer to give the consul's guaranty having been accepted, they were permitted to await at Limon the next Colon steamer. They took the route to Colon via Limon because they could not obtain tickets direct from New Orleans, the ship's passenger accommodation being fully engaged. I represented to Minister Astua the necessity for making some transit arrangement for Syrian-born American citizens with passports, in the mutual interests of our Governments, as passengers in transit expend money at Costa Rica ports, and we do not want our citizens deprived of the right of transit, no matter what their race or color. On November 14 last a respectable Syrian-American merchant tablished at Limon was ordered to leave the country. He came me and showed his passport as an American citizen issued by Secre |