711.1828/a
The Secretary of State to
President Harding
Washington, January 20,
1923.
My Dear Mr. President: I have the honor to
transmit herewith the English draft of the proposed protocol between the
United States and Costa Rica, by which the two Governments engage to
enter into negotiations concerning the construction of an interoceanic
canal when the President of the United States is authorized by law to
acquire control of the rights which Costa Rica possesses in the San Juan
River or in Salinas Bay and such portion of the territory of Costa Rica
as may be desirable and necessary on which to construct and protect the
canal. I am transmitting, likewise, the full power for your
signature.1
While the protocol, by reason of its nature, does not, in my judgment,
require the consent of the Senate to its ratification, you will note
that the provisions of the protocol stipulate that it is to be ratified
with the advice and consent of the Senate and of the Costa Rican
Congress. I have consented to the inclusion of this provision because of
the belief of the Government of Costa Rica, expressed to me by the Costa
Rican Minister, that the protocol requires the consent of the Costa
Rican Congress to its ratification, and also because of the statement
made by that Government that the negotiation of this protocol would
cause far greater satisfaction in Costa Rica should the consent of the
United States Senate be obtained to its ratification.
Faithfully yours,
[Enclosure]
Draft Protocol of an Agreement between the
United States and Costa Rica in regard to Future Negotiations
for the Construction of an Interoceanic Canal by Way of Lake
Nicaragua2
It is agreed between the two Governments that when the President of
the United States is authorized by law to acquire control of the [Page 835] rights which Costa Rica
possesses in the San Juan River, or in Salinas Bay, and such portion
of the territory now belonging to Costa Rica as may be desirable and
necessary on which to construct and protect a canal of depth and
capacity sufficient for the passage of vessels of the greatest
tonnage and draft now in use, from a point near San Juan del Norte
on the Caribbean Sea via Lake Nicaragua to Brito on the Pacific
Ocean, they mutually engage to enter into negotiations with each
other to settle the plan and the agreements, in detail, found
necessary to accomplish the construction and to provide for the
ownership and control of the proposed canal.
This Agreement shall be ratified by the President of the United
States, by and with the advice and consent of the Senate thereof,
and by the President of Costa Rica, in accordance with the
Constitution and laws of that Republic, and the ratifications shall
be exchanged at Washington as soon as possible.
In witness whereof, the undersigned have
signed this protocol and have hereunto affixed their seals.
Done in
duplicate at Washington, this . . . . day of January,
1923.
