#156. President Nixon's Message and the Report of the Senate Foreign Relations Committee Recommending Termination of the 1914 Bryan-Chamorro Treaty with Nicaragua Which Granted the United States Canal Construction Rights* CONVENTION WITH NICARAGUA MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE CONVENTION SIGNED AT MANAGUA ON JULY 14, 1970, SEPTEMBER 23, 1970.-Convention was read the first time and, together 48-118 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1970 Convention With Nicaragua Terminating the Bryan-Chamorro Treaty of 1914: Message From the President Senate Executive L, 91st Congress, 2nd Session, September 23, 1970; and Executive Report No. 92-2, 92nd Congress, 1st Session, February 9, 1971. LETTER OF TRANSMITTAL THE WHITE HOUSE, To the Senate of the United States: With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the convention signed at Managua on July 14, 1970, between the United States of America and the Republic of Nicaragua for the termination of the convention respecting a Nicaraguan canal route signed at Washington on August 5, 1914. For the information of the Senate, I transmit also the report of the Secretary of State with respect to the recently signed convention. Agreement to terminate the 1914 convention, popularly known as the Bryan-Chamorro Treaty, which entered into force on June 22, 1916, was reached after the two Governments had decided, following extensive consultations, that in light of changed circumstances and present-day needs it was time to reexamine the 54-year-old convention. The Government of Nicaragua wanted to proceed with plans for developing the San Juan River Basin, the prospective site for an interoceanic canal through Nicaragua. For its part, the United States Government, which had not exercised any of its rights under the 1914 convention, had concluded it was unlikely to do so in the future, particularly in view of the relatively high cost of constructing a canal on the Nicaragua route. Termination of the 1914 convention is a positive, effective, and essential step in continuing the excellent relations that have existed between the two countries. It is provided in the new convention that, upon its entry into force, the 1914 convention shall terminate, with the consequence that all the rights and options accorded by the 1914 convention to the United States Government shall cease to have effect. Such rights and options include "the exclusive proprietary rights" in regard to the construction, operation and maintenance of a canal across Nicaraguan territory; leases to Great Corn Island and Little Corn Island; and the option to establish and maintain a United States naval base on Nicaraguan territory on the shores of the Gulf of Fonseca. The United States has, as previously noted, never exercised any of the rights or options granted by the 1914 convention. I recommend that the Senate give early and favorable consideration to the convention terminating the Bryan-Chamorro Treaty. RICHARD NIXON. LETTER OF SUBMITTAL DEPARTMENT OF STATE, The PRESIDENT, The White House. THE PRESIDENT: I have the honor to submit to you, with a view to its transmission to the Senate for advice and consent to ratification, a convention signed at Managua on July 14, 1970, between the United States of America and the Republic of Nicaragua for the termination of the convention respecting a Nicaraguan canal route signed at Washington on August 5, 1914. The convention submitted herewith was signed by Malcolm R. Barnebey, American Charge d'Affaires ad interim at Managua, and by Nicaraguan Foreign Minister Lorenzo Guerrero in the presence of Nicaraguan President Anastasio Somoza Debayle and Assistant Secretary of State for Inter-American Affairs Charles A. Meyer. Agreement to terminate the 1914 convention, popularly known as the Bryan-Chamorro Treaty, which entered into force on June 22, 1916 (39 Stat. 1661; Treaty Series 624), was reached after the two Governments had decided, following extensive consultations, that in the light of changed circumstances and present-day needs it was time to reexamine the 54-year-old convention. The Government of Nicaragua was proceeding with plans for developing the San Juan River Basin, the prospective site of an interoceanic canal through Nicaragua. For its part, the United States Government, which had not exercised any of its rights under the 1914 convention, had concluded that it was unlikely to do so in the future, particularly in view of the relatively high cost of constructing a canal on the Nicaragua route. Termination of the 1914 convention is a positive, effective, and essential step in continuing the excellent relations that have existed between the two countries. In the Bryan-Chamorro Treaty the Nicaraguan Government granted to the United States Government in perpetuity "the exclusive proprietary rights necessary and convenient for the construction, operation and maintenance of an interoceanic canal by way of the San Juan River and the great Lake of Nicaragua or by way of any route over Nicaraguan territory, the details of the terms upon which such canal shall be constructed, operated and maintained to be agreed to by the two governments whenever the Government of the United States shall notify the Government of Nicaragua of its desire or intention to construct such canal." (Article I.) The United States Government was also granted by the BryanChamorro Treaty 99-year leases to "the islands in the Caribbean Sea known as Great Corn Island and Little Corn Island" and a 99year right "to establish, operate and maintain a naval base at such place on the territory of Nicaragua bordering upon the Gulf of Fonseca as the Government of the United States may select." The United States Government was granted the option of renewing for a further 99-year period the leases and grants. (Article II.) In consideration for the leases and grants, the United States Government Government agreed to "pay for the benefit of the Republic of Nicaragua the sum of three million dollars United States gold coin... to be applied by Nicaragua upon its indebtedness or other public purposes for the advancement of the welfare of Nicaragua in a manner to be determined by the two High Contracting Parties, (Article III.) The convention submitted herewith contains a preamble and three articles. The preamble points out that the two Governments, desirous of further strengthening the traditional bonds of friendship and cooperation between the two countries, have reexamined the 1914 convention "in the light of present circumstances and needs and have concluded that the interests of both nations will best be served by terminating the convention in all its provisions." Article I provides that, upon entry into force of the convention, the 1914 convention shall terminate. Article II provides that, as a consequence of such termination, all the rights and options accorded by the 1914 convention to the United States Government "shall cease to have effect as of the date this convention enters into force." Article III provides for ratification and for entry into force of the convention on the date of the exchange of instruments of ratification. Upon entry into force of the convention submitted herewith, the rights of the United States Government under the Bryan-Chamorro Treaty in regard to the construction, operation and maintenance of a canal across Nicaraguan territory would cease, the leases to Great Corn Island and Little Corn Island would be cancelled, and the United States option to establish and maintain a naval base on Nicaraguan territory on the shores of the Gulf of Fonseca would likewise be cancelled. Respectfully submitted. U. ALEXIS JOHNSON, (Enclosure: Convention of July 14, 1970 with Nicaragua terminating the Bryan-Chamorro Treaty of 1914.) |