Jimenez to His Excellency, March 20, 1875

Mr. Jimenez to Mr. Rivas.

Sir: I have had the honor of receiving the dispatch of your excellency dated February 20, in reply to mine of the 27th of January last.

Your excellency abstains from entering anew into the merit of the question, believing it already useless in the situation in which it is found, but affirms in doing so that a use of incorrect expressions has been made in said dispatch offensive to the dignity of Nicaragua. With the energy that I am capable of, I ought to refute and do refute such affirmation. My government, to elucidate the questions that are stirred up, does not need to pretend nor even suppose any act a recourse incompatible with the just motives that have served it from the beginning, and with its dignity and good name.

But, apart from that, it cannot but be regarded with the highest satisfaction that, on the part of the cabinet of Nicaragua, there has been accepted the arbitration proposed for the resolution of the principal questions relative to the validity or inutility of the treaty of boundaries of 1858, since in this manner the dissensions between the two people approach a definite termination by a means, civilized and pacific, that reason recommends and practice teaches.

It is true your excellency extends full power to the arbitration over all questions pending between the two countries that from that point, as a beginning, have arisen or originated, and although they are not specified, my government does not object to admitting the extension of the powers, and even believes it necessary not to leave any even the least motive of dispute.

It is understood, therefore, that, without prejudice to the statu quo, all questions between the two republics since the said treaty are matters for arbitration, allowing either oi them to propose those that in its judgment ought to be decided; also, leaving to the arbitration, as cannot be avoided, the entire liberty of throwing out all those it may deem unsuitable or unimportant.

I believe with your excellency that, the two governments agreeing on an arbitration, there is no longer any occasion for a provisional establishment of boundaries by a mixed commission to decide upon the reclamations of Nicaragua for the acts recurring in respect to the revolutionary attempts at Punta Arenas and Liberia, in October of last year, although I do not see that that would be impracticable or lead to fresh complications; the two governments proceeding in good faith, as is to be expected. This question, therefore, will be a subject of arbitration, and its resolution a necessary consequence of what is established in reference to the principal object.

It only remains for us then, at present, to determine the arbiter. Your excellency, relying on the treaty of boundaries, is constrained to suggest that it ought to be a friendly government. I am pleased to see that for this purpose the efficacy of the treaty is recognized, and I take this opportunity to assure you, that if the same suggestion has not been made on the part of my government it has only been out of respect and consideration for Nicaragua, which has contended against its absolute validity.

This being granted, and in fulfillment of what has been accorded by his excellency the President, I ought to propose now for an arbiter the government of Chili, a friend of both countries, and in a position in every respect admissible. Without some especial and ostensible motive, it would not be really very convenient to the interests of the two States to seek an arbiter outside of America. The government of Chili has constantly given satisfactory proofs of integrity and good judgment in all of its administrative acts, and at the same time has worked, out the enviable prosperity of the country, and has gained for it the very elevated and worthy imputation which it enjoys among all the governments of America and Europe. This has caused that already, at other times, it has been appointed arbiter upon questions identical with ours that have arisen between Spanish-American Republics, and its decisions have been regarded and acknowledged with the highest respect and consideration, from the stamp of justice and impartiality that characterized them.

The identity of origin, customs, institutions, and language of the people of the government of Chili with those of our own are bonds of sympathy and common interest that assure the prompt dispatch and best results in deciding the questions that may be submitted to it.

The motives given have influenced my government to propose that of Chili as arbiter, not doubting that it will consent with pleasure to afford to the two republics a service of such vital interest, provided there may not be any especial reason on the part of the government of your excellency to reject it, if it is as well disposed as my government to hear any just observation that may be made upon the subject.

Meanwhile I am pleased to renew to your excellency the consideration of the very high appreciation with which I subscribe myself.

Your very attentive servant,