Note XI-70 — Chapter XI · REPUBLIC OF COSTA RICA. 1841-1856.

Ayon did not pretend to deny that the treaty had been concluded by his govt, and duly ratified by the legislative authority of the two republics. He alleged that the fundamental law of Nic. established the limits of the state, embracing within them the territory of Guanacaste; and that the treaty in question ignored the Nicaraguan constitution, which prescribed that an amendment of it by one legislature must be submitted to the next for ratification; and this not having been done, there was a radical nullity. Costa R. replied that the legislative ratification in Nic. had been, not by an ordinary legislature, but by a constituent assembly fully empowered to amend the constitution or frame a new one. It had been called to make a new fundamental law, and therefore had a right to establish new boundaries. Moreover, that even if that assembly had not possessed constituent authority, but had been a merely ordinary congress, the fact still remained that a number of Nicaraguan legislatures had held the treaty to be valid and unobjectionable. Some attempts have been made in administration circles of Costa R., much against public opinion, to annul the treaty, in order to have for a boundary line the whole right bank of the San Juan, from Greytown or San Juan del Norte to San Cárlos, and Lake Nicaragua to La Flor. Were this supported, and the treaty set aside, the questions between Costa R. and Nic. would assume a serious aspect. Montúfar, Reseña Hist., ii. 231-4; Ayon, Cuestion de Límites, 1-26; Id., Consid. sobre Límites, 1-26.