José Ma Castro to Hall, August 29, 1884

Señor Castro to Mr. Hall.

Mr. Minister: I have had the honor to receive your esteemed communication dated Guatemala, 25th July ultimo.

By it I have taken note that your excellency considers just and expedient to decree a reasonable term for the enforcement of the decree of 19th June ultimo, revoking that of the 22d May, 1883, which established the freedom of the port of Limon, with the view of avoiding the claims which otherwise will be presented against my Government.

I thank you for the interest you show in all that you consider favorable to the commerce of Costa Rica and your desire to avoid reclamations against her; but permit me to state that it is not possible to accede to your wishes, not only because the opportunity of conceding the reasonable term referred to is past, but also for the reasons which I shall set forth.

The supreme executive power would have adopted the measure you suggest, not as a right nor as being customary in cases similar to the one in question, but out of consideration for the interests created under the franchise and that were going to suffer notably, if the proximity and rapidity of communications between Limon and the principal foreign ports from whence merchandise is imported should not have caused fears that the merchants would take advantage of the term conceded them, with the sole view of avoiding greater losses, to make large importations to the prejudice of the public treasury.

In addition, my Government does not believe that the enforcement of the decree of June 19 referred to can give rise to just claims on the part of foreigners or of nations, because it injures the rights of no one. The time of ten years to which you refer had for its object to fix the maximum duration of the same, and in no way obligated the legislative power to maintain a free port at Limon for a whole decade, even when the inexpediency of the decree of 22d May, 1883, was apparent from the first month. Such interpretation is in accord with the will of the legislature, and, on the other hand, is authentic.

I entertain the hope that the foregoing considerations will convince you that there is no cause for the claims to which your communication refers.

I improve, &c.,