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in any of the five states of Central America, nor in that claimed by Costa Rica, or in the undisputed territory of New Granada, unless the consent not only of the authorities actually exercising jurisdiction in the last-named country was previously obtained, but that of the government of New Granada, represented at this government, and with which diplomatic relations are kept up; but it has been represented to me by three trustworthy persons who witnessed the occurrence and who listened to the speech of the Hon. Mr. Pomeroy.

However great my surprise, I must suppose the fact to be indubitable by supposing that the orders and instructions of your excellency's government may have got astray or been delayed for some cause, and that Mr. Pomeroy proceeded on the occasion referred to without a knowledge of them, or that he was dragged forward by extraneous and unscrupulous influences; and I expect from your excellency's justice that you will be pleased to make the necessary provision to insure the prompt and effectual fulfilment of the orders referred to.

I have had the pleasure of preparing for transmission the important communication of your excellency before mentioned, satisfied that it could not fail to promote in Central America the liberal policy of justice and kindness which it breathes; and I am unwilling that the satisfaction with which it must be received by the governments that I have the honor to represent and its beneficial effects should be rendered nugatory by this incident, as would happen if it came to their knowledge unsatisfactorily explained.

I avail myself of the opportunity to state to your excellency that, whatever may be the declarations of Mr. Thompson, it appears, from a comparison of the maps to which I had the honor of calling the attention of your excellency in my note of the 19th instant, that all the lands to which he lays claim in virtue of grants of the province of Chiriqui, in New Granada, are within limits claimed by Costa Rica; and that, even if they extended into indisputable New Granadian territory, the fact does not appear from those maps, nor are his claims improved thereby, seeing that the competent court in New Granada has declared his alleged titles to be null, and that there is not an inch of ground on the isthmus of Chiriqui which does not belong either to Costa Rica or to New Granada.

I have the honor to reiterate the sentiments of high consideration and distinguished esteem with which I am your excellency's obedient servant.

His Excellency Mr. WILLIAM H. SEWARD, &c., &c., &c.

LUIS MOLINA.

Mr. Seward to Mr. Molina.

DEPARTMENT OF STATE,

Washington, October 1, 1862.

SIR: I have the honor to acknowledge the receipt of your excellency's communication of the 29th ultimo, in reference to the conduct of the honorable Mr. Pomeroy, relative to the colonization of persons of African derivation in the Central American states, and which was recently made the subject of a protest on your part, in behalf of the three governments which you represent.

While referring you again to my reply of the 24th ultimo, in which full assurances are given you that this government will take no step in the matter contrary to the expressed wishes of the governments of Central America, and incompatible with the well known intentions of this government, I have now

further to inform your excellency that a copy of your note of the 29th ultimo will be transmitted to the honorable the Secretary of the Interior, for the guidance and government of all parties concerned.

I have the honor to renew to your excellency the assurances of my distinguished consideration.

Señor Luis MOLINA, &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Molina to Mr. Seward.

[Translation.]

LEGATION OF NICARAGUA,

Washington, October 9, 1862.

SIR: I have the honor to transmit to your excellency the annexed copy of the decree issued by the government of Nicaragua on the 11th of September last, establishing a system of passports and the rules to be observed by the agents of the republic in granting them, with respect to foreigners who have not previously settled therein, who may wish to go to the interior or to reside in its territory.

I avail myself of the opportunity to reiterate the assurances of distinguished consideration with which I am your excellency's very obedient servant.

His Excellency WILLIAM H. Seward,

Secretary of State of the United States.

LUIS MOLINA.

[Translation.]

NATIONAL PALACE, Managua, September 11, 1862.

Mr. MINISTER: The president of the republic to its inhabitants: Considering the necessity of putting the republic on its guard against the inconveniencies and dangers which in all time, and especially under present circumstances, may happen to it from emigration from abroad without the precautions which are observed by civilized nations in similar cases, in the use of his extraordinary powers in the department of police decrees:

ART. 1. From and after the last day of November next the commanders of ports and prefects of the frontiers of Nicaragua shall not permit any foreign persons who have not previously settled in the republic to go into the interior, unless they present a passport from the respective ministers or consuls thereof at the ports or places of their departure, in which passport is to be given the name and surname of the person in whose favor it is issued, his profession or trade, the purpose for which they come and their nationality, the signature of the minister or consul and the seal of the republic.

ART. 2. The ministers or consuls of the republic, in issuing these passports, will observe the following rules: 1st. The treaties of Nicaragua with any nations, and reciprocal privileges to the respective subjects or citizens. 2d. That they who solicit the passport are not discharged criminals, and that if they have no money they are not, on the other hand, beggars, or sick or crippled persons, who come to rely on public charity, and that neither are they men without profession or trade, vagabonds, or persons badly provided for. 3d. That neither are they freed negroes or other degraded caste of people, unless they have a

special permission for themselves or on account of others to go into the interior. 4th. That in case of coming with a design to colonize, they must have permission from the government, ratified by the chambers, and must in nowise be under the protection of another government.

ART. 3. In order that this decree may reach the knowledge of all persons who may be interested in it, the ministers of this republic at foreign courts, to whom it will be immediately communicated, shall make it known to those of the respective nations and shall procure its publication in the principal newspapers, communicating it to the consuls of the republic, and appointing them at places where there are none and where they may deem them necessary.

ART. 4. With the same object, the list of our consuls abroad and of those who may be newly appointed, shall be communicated to the commanders of our ports and to the prefects on the frontiers.

ART. 5. Central Americans and Spanish Americans only will be permitted to go to the interior on a passport of the respective port or frontier authorities, which will be issued in the same form and under rules 1st and 2d of art. 2.

ART. 6. Notwithstanding all that is hereinbefore provided, persons who go into the interior of the territory of the republic by evading the foregoing provisions or by practicing deception in regard to their place of departure, nationality, profession, trade, or purpose for which they come, will be liable to be sent out of the country at their own cost and to other proceedings to which their acts may have given rise; to which intent the authorities of the frontiers who may give or issue passports will make a list, setting down the circumstances that the passports ought to contain; which list they will transmit at the first opportunity to the ministry of the interior, and said ministry will cause it to be published in the official newspaper for the knowledge of the local authorities.

ART. 7. When the transit from one ocean to another is open, nothing of what is herein before provided shall include passengers, but only those persons who come to go into the interior or to reside in the republic, and the company cannot leave them on our territory except upon those conditions, but must carry them away in the same vessels which brought them.

Given at Managua, on the 11th of September, 1862.

THOMAS MARTINEZ.

And I communicate it to your excellency for your knowledge and for fulfilment so far as your excellency is concerned, the honor befalling me of subscribing myself your excellency's obedient servant.

His Excellency Señor DON LUIS MOLINA,

PEDRO ZELEDON.

Minister Plenipotentiary of Nicaragua, &c., &c., &c.

Mr. Seward to Mr. Molina.

DEPARTMENT OF STATE,

Washington, October 13, 1862.

SIR: I have the honor to acknowledge the receipt of your excellency's note of the 9th instant, transmitting a copy of a decree of the government of Nicaragua, issued on the 11th of September last, establishing a system of passports and the rules to be observed by the agents of that republic in granting them, with respect to foreigners who have not previously settled therein, and who may wish to go to the interior or to reside in its territory. The decree in question

will be published at an early day for the information of the citizens of the United States.

I avail myself of this occasion to renew to your excellency the assurances of my distinguished consideration.

WILLIAM H. SEWARD.

Señor LUIS MOLINA, &c., &c., &c., Washington, D. C.

ECUADOR.

No. 42.]

Mr. Hassaurek to Mr. Seward.

LEGATION OF THE UNITED STATES,
Quito, Ecuador, October 2, 1862.

Mr. Benigno Malo, a citizen of Ecuador and resident of Cuenca, who owns extensive tracts of land in this country, has directed a communication to me, of which I herewith enclose a translation, together with a copy of the original. He proposes to sell to the government of the United States, for the colonization of free negroes, some 50,000 acres of lands on the left bank of the river Suya, which disembogues into the gulf of Guayaquil. He suggests that a commissioner be sent to examine the land, which he claims to be peculiarly adapted to the cultivation of cotton, rice, sugar, coffee, gutta-percha, &c., &c. I answered, that I would communicate his propositions to my government and notify him in due time of its decision. In the expectation, therefore, to be informed whether you consider the proposition as deserving further attention or not, I have the honor to remain your most obedient servant,

His Excellency WILLIAM H. SEWARD,

Secretary of State, Washington.

F. HASSAUREK.

Mr. Malo to Mr. Hassaurek.

[Translation.]

Benigno Malo to F. Hussaurek.

CUENCA, July 30, 1862.

MY DEAR SIR: I believe to confer a benefit on Ecuador, as well as on the United States, by submitting to your consideration the following ideas, which, if you see proper, you may communicate to your government:

1. The present war in the United States has to result in the triumph of the north. In this case the abolition of slavery would be a logical consequence. The negroes, then, will not remain in the south, the scene of their former oppression, nor will they be received or tolerated in the north, where their ignorant labor (trabajo ignorante) would not be in demand. The government, therefore, will have to devote its attentions seriously to some system of colonization; and in order that such colonization be beneficial to the negroes themselves, and to those great interests which now-a-days are involved in cotton, it will be necessary to establish these negroes in warm climates, where cotton can be produced. 2. On the left bank of the river Suya I onw about fifty miles of territory, admirably adapted to the cultivation of cotton, rice, cocoa, coffee, sugar, &c., &c. One acre can produce five hundred pounds of cotton, (clear,) one pound of rice produces two hundred, and the forests, besides, abound in timber, useful for all purposes, gums, resins, gutta-percha, copaiva, &c. &c.

3. The river is navigable from the sea to the base of the Cordillera, where my possessions begin.

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