Note XI-68 — Chapter XI · REPUBLIC OF COSTA RICA. 1841-1856.

The treaty was made at San José, Costa R., on the 15th of Apr., 1858, and signed by José M. Cañas and Máximo Jerez, plenipotentiaries respectively of Costa R. and Nic., and by Pedro Rómulo Negrete, mediator on the part of Salv. The signatures of the secretaries of the three legations also appear to the instrument. The ratifications were made in due form, and exchanged by the two govts on the 26th of April, the same year. The treaty was approved by the Nicaraguan constituent congress May 28th, and published by President Tomás Martinez and his secretary of state, June 4th. Under its 2d article the dividing line was to be as follows: Starting from the Atlantic Ocean, the line to begin at the extreme end of Punta de Castilla, at the mouth of the River San Juan, and continue on the right bank of that stream to a point in waters below the Castillo Viejo, at three English miles from the outer fortifications. Thence a curve was to commence, whose centre should be those works, and distant therefrom in all its course three English miles, and terminating at a point distant two miles from the bank of the river in waters above the fort. Thence the line should continue in the direction of Sapoá River, which empties into Lake Nicaragua, following a course invariably two miles distant from the right margin of the San Juan River, with its curves to its source in the lake, and from the right margin of the same lake to the said Sapoá River, where this line, parallel to said margins, ends. From the point where it may coincide with the Sapoá River, which must of course be two miles from the lake, an astronomical line should be drawn to the central point of the bay of Salinas on the Pacific Ocean, where the delimitation of the two contracting powers will terminate. The 6th art. gives Nic. the exclusive control over the waters of the San Juan River from its source in Lake Nicaragua to the point where it empties into the Atlantic Ocean; Costa R. retaining the right of navigation in said waters for trading purposes from the mouth of the river to a distance of three English miles from the Castillo Viejo. Rocha, Cód. Nic., i. 137-41; Costa R., Col. Ley., xv. 75-6, 182-8; Id., Informe Gob., 1858, 12-13; Id., Inf. Rel., 1860, 6; Salv., Gaceta Ofic., June 7, 1877, 513-14; El Nacional, June 26, 1858, 10; Peralta, Rio S. Juan, 24-5; Belly, Le Nic., i. 359-62.