Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-03
NEWS AND GOSSIP.

THE NICARAGUA TRANSIT ROUrE.-We re-
marked incidentally, yesterday, that Costa
Rica had no shadow of legal claim to juris-
dictiOn over the Nicaragua transit route, and,
to-day, we propose to prove that fact
Costa Rica has never pretended to claim
sovereignty over Nicaragua, even now, that
by and through her expenditure Of treasure
and blood, the latter State has been freed
from the terrible horrors of our flibusters, VIC
know well. Yet we also know that for years
past she Costa Rica) has set up claim to
sort of joint jurisdiction over the means of COM
munication by water from the Lake of Mica
ragua TO the Atlantic; and that by way Of
remunerating herselffor the cost to her treasury
Of Kidding Central America Of filibUsters, she
now essays to a claim a right to dispose of her
permission to enjoy the privilege of the transit
route. However much she may lie fairly en-
titled to eventual indemnifcation from Mica
ragua for her expenses and sacrifices incurred
in this war, she is utterly without valid claim
to jurisdiction over the transit route, Us we
proceed to show, as follows:
Under the Captain Generalcy of Guatemala,
while the whole country was indisputably
Spanish territory, the boundary lines of each of
the five Central American States were defined
The eastern boundary of Costa RIGA and western
boundary of Nicaragua was fixed rs follows,
viz: Commencing at the Gulf of Nicoya and
running thence southcrly until the same should
strike the mouth of the Tortugas Tor Turtle)
river, which empties into the caribbean sea on
the Atlantic side of the Isthmus. Subsequent
to the acquisition of independence of Spain by
the Central American States, Confederation
was formed between the five. By the Congress
of the Confederation the boundary lines of each
one of tho States were defined and fixed rs they
had before been defined and fixed under the
Captain Generalcy of Guatemala. Subsequent
to this, the government of the Confederation was
dissolved, and each of the States became sub
stituted TO their original territorial rights; and
by the very act of dissolution each became a
sovereign power. The eastern boundary Of Costa
Rica and western boundary of Nicaragua was
thus twice established rs before explained
with the assent and appreciation of all parties
having an interest therein. The commence
ment of this boundary line is some fifty miles
south Of Salinas bay, on the Pacific, and its ter
minus strikes the Atlantic Ocean or Caribbean
Sea, some 30 miles southwest of San Juan del
Norte or GreytOwn.
The province OfGuanacasta is bounded by this
line on the west, and on the east by the river
La Flor, which empties into Salinas bay; thence
in line eastward until it strikes the river
Sapoa, which empties into the Lake of Nicara-
qua. Thence by the western shore of the Lake of
Nicaragua to the source of the river San Juan.
Thence down that river to the Colorado Zone of
the outlets of the river San Juan, seventeen
miles above San Juan del Norte, or Greytown)
Thence down the Colorado to the Caribbean
sea. This is the province in dispute between
Costa RIGA and Nicaragua, and is claimed by
the former. Under this claim rests her whole
pretence of joint jurisdiction over the river San
Juan and Lake Of Nicaragua. What real claim
has Costa Rica to the province of Guanacasta?
If none, her pretended jurisdiction is but a fic-
ton to gain an outlet to the Atlantic As the
title to Guanacasta was originally by consent of
all parties interested vested in Nicaragua, there
are but three modes in which she could have
been Invested of such title, viz BY purchase.
by voluntary ccssiOn, or by conquest There
has never been a war between Costa RIGA and
Nicaragua. Hence Guanacasta is not con-
quered territory. Costa RIGA does not pretend
that Nicaragua has ceded the territory to her,
or that she has ever purchased it. Upon what.
then, is her claim founded Upon this, alone
That the few inhabitants of Guanacasta residing
some two hundred miles from Leon, the capital
of Nicaragua, which, from bad roads. was al
most inaccessible, had little or no participation
IN the government of that State, and preferred,
without the consent of State authority, to live
under the jurisdiction of Costa Rica. whose
capital was within n days ride Guanacasta,
1t must be remembered. was but one of the
many departments Tor cOunties) of the State of
Nicaragua. The inhabitants therein never De-
toned for or otherwise asked of Nicaragua
the liberty to be set off to Costa RIGA and
Nicaragua has never consented thereto.
Costa Rica herself, in all her negotiations as
to her eastern boundary, has secuted her own
prctensiOns to jurisdiction over the river and
lake as utterly unfounded; and this she did
formally as late as the Fillmore administration
OF this government. During that adminstra-
ton treaty was negotiated between England
and the United States, known as the Webster
and Champion treaty. in which it was provided
that Costa Rica and Nicaragua were to become
parties oft. 1t (by way of special favor to Costa
Rica) limited her boundary to the right bank
Of the San Juan as far as the Colorado, and
thence down the Colorado to the sea- The iuris.
diction was specifically and in terms reserved
to Nicaragua over both the rivers and the lake
This treaty was presented to Costa RIGA by Mr..
Walsh on the part of the United States, and
Mr. Wyck Consul General in Central American
on behalf Of Her Britannia Majesty's Govern
ment. 1t was by Costa Rica Immediately and
without hesitation fully assented to. After
wards, by the same agents, it was presented to
Nicaragua for her acceptance, and by her was
Indignantly rejected, for the reason that it ex
tended the jurisdiction Of Costa RIGA over Me.
araguan territory to which she had no pretepce
of claim.
This treaty, though never carried into effect
because of the on-concurrence of Nicaragua, is
nevertheless valuable as an expression of opin-
ion, by the United States Great Britain and
Costa Rica herself. that the latter Power had
no jurisdiction over the river or lake.
If it is at all desirable to show an additional