Cañas , Maximo Jerez , Pedro Romulo Negrete to Approved, San José , the 16th April, 1868 , by JUAN RAFAEL MORA , President of Costa Rica. NAZARIO TOLEDO, April 15, 1858

Boundary treaty between Nicaragua and, Costa Rica.

Preamble and article 1 unimportant.

Art. 2. The dividing line between the two republics, beginning at the Mar del Norte, (Caribbean,) shall start at the extremity of Punta de Castillo, at the mouth of San Juan River, and shall run along its right bank to a point three English miles distant from Castillo Viejo, measured from the outside fortifications of said Castillo; thence in a curve of three miles distance, whereof the fortifications form the center, to a point above Castillo two miles distant; thence in the direction to Lapoa River, that flows into Lake Nicaragua, following a course always two miles distant from the right bank of San Juan River, with its windings, to its origin from the lake, and from the lake shore to said Lapoa River, striking it parallel with said shore; from that point, also distant two miles from the lake, a straight astronomical line shall be drawn to the central point of Salinas Bay on the Pacific, where the demarkation of the dividing line between the territories of the two republics shall end.

Art. 3. The corresponding survey of this dividing line shall be taken for a whole or a portion thereof, by commissioners of the two governments, these agreeing upon a time when it shall be done. Said commissioners may, if by common understanding they may be able to find natural landmarks, deviate some in the curve around Castillo, as well as in the parallel line along the river bank and the lake shore, or in the straight astronomical line from Lapoa to Salinas.

Art. 4. San Juan del Norte and Salinas Bays shall be common to both republics, and, consequently, so their advantages and the obligation to contribute to their defense; and Costa Rica shall be bound for the portion corresponding to her on the bank of San Juan River, in the same manner as Nicaragua, by treaty, to join in watching it in the proper manner, on which both republics will agree, for its defense in case of aggression from outside, and they will do it with all the power at their command.

Art. 5. As long as Nicaragua be unable to recover full possession of all her rights in the port of San Juan del Norte, the Punta de Castillo shall be of absolute common and equal use and possession, both for Costa Rica and Nicaragua, fixing, during the time this community lasts, as limit thereof, the whole course of Colorado River. And it is, moreover, stipulated that as long as the said port of San Juan del Norte has to exist as a “free” port, Costa Rica can recover from Nicaragua no port duties in Punta Castillo.

Art. 6. The republic of Nicaragua shall have the exclusive domain and summum imperium over the waters of San Juan River from its outlet from the lake to its mouth into the Atlantic; but the republic of Costa Rica shall enjoy in said waters the perpetual right of free navigation from said mouth up to three English miles from Castillo Viejo, for the object of commerce, be it with Nicaragua or with the interior of Costa Rica by the river San Carlos or Sarapiqui, or by any other ways coming from the portion of the banks of the San Juan which will be determined to belong to that republic. The vessels of either country may indistinctly make fast upon the river banks wherever navigation is common withoutt being subject to any class of taxes, provided such are not established by an agreement of the two governments.

Art. 7. Has only a transitory interest.

Art. 8. Should, ere the Nicaraguan government had received cognizance of this convention, the contracts entered into for canalization, or for transit, have, for any reason whatever, become null, then Nicaragua binds herself not to enter into another upon those subjects without previously learning the opinion of the Costa Rican government on the inconveniences it may have for either country, provided that this opinion be communicated within thirty days after the receipt of the inquiry, in case Nicaragua, represents the case as urgent; and if, by the contract, the natural rights of Costa Rica are not harmed, then her opinion shall be merely consultive.

Art. 9. For no motive whatever, nor in case of war, in which, unfortunately, the republics of Costa Rica and Nicaragua may be drawn against each other, shall they be permitted to commit acts of hostility in the port of San Juan del Norte, or in the river of that name, or on Lake Nicaragua.

Art. 10. The stipulations of the foregoing article being essentially important to a due security of the port and river against foreign aggressions, affecting the general interests of the country, the strict fulfillment thereof is placed under the special guarantee, which, in the name of the mediating government, (San Salvador,) its minister plenipotentiary present is disposed to grant, and actually does grant, by virtue of the full powers he declares to be conferred upon him by his government.

Art. 11. In witness of the good and cordial understanding now established between the republics of Costa Rica and Nicaragua, they renounce upon all the assets they may possess against each other up to the signing of the present treaty, under whatever title they may be held, and, in like manner, do the two high contracting parties abstract from all reclamations for indemnity to which they may deem themselves entitled against each other.

Art. 12. This treaty shall be ratified, and its ratifications exchanged, within forty days of its being signed at Santiago de Managua.