715.1715/450: Telegram

The Minister in Nicaragua ( Hanna ) to the Secretary of State

125. My 114, June 30 [20], 11 a.m. Pertinent excerpts from the Senate decree approving the boundary protocol with radical modifications follow:

From the preamble “It being understood and resolved that the legislative chambers of Nicaragua do not accept the award of the King of Spain dictated December 23, 1906 because they consider it and estimate it as invalid on account of the multiple defects of form and substance with which it was prepared and pronounced, defects which were opportunely pointed out and attacked by Nicaragua”.

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“Article 3. The dividing line between Nicaragua and Honduras from the Atlantic Ocean to the Teotecacinte Pass or vice versa will be a line, as a maximum concession, which shall leave Nicaragua in full dominion and possession of all the Coco or Segovia River and its bed. And, with the further resolutions that all the territories, possessions, towns, settlements and properties which are situated on the left side or region of the Coco or Segovia River referred to shall remain Nicaraguan together with the river and bed referred to as already expressed; the line which must be fixed will be a straight line beginning at the mouth or outlet of the Cruta River in the Atlantic to the headwaters of the river or stream known as the Awawas, a branch of the Segovia or Coco; and another line from that point at the headwaters of the Awawas to the (name used above) Pass in order thus to establish in favor of Nicaragua its dominion over and full possession of the Coco or Segovia River and its bed, and to include within the line fixed all the Nicaraguan territories, possessions, towns, settlements or those considered by Nicaragua as Nicaraguan situated on the left side or regions of the Coco or Segovia River as has been explained”.

[“] Article 12. It is understood and resolved that it is essential to the efficacy of the Irias-Ulloa protocol as modified that Honduras accept the modifications made to it by the present decree. In the contrary event the Irias-Ulloa protocol stands rejected on the part of Nicaragua and the territorial question which it treats of will have the status which it had prior to January 21, 1931 (status quo ante) the day on which the protocol was signed except that in so far as Nicaragua is concerned the award of the King of Spain neither has had nor has any validity”.

It is expected that the Chamber of Deputies will approve the protocol in its amended form this week and that President Moncada will likewise give his early approval to it.

Repeated to Tegucigalpa by air mail.

Hanna