BOUNDRY AGREEMENT RELATIVE TO A SECTION OF THE BORDER BETWEEN HONDURAS AND EL SALVADOR, SATED 1861 AND 1869
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP08C01297R000400160001-2
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
19
Document Creation Date:
December 22, 2016
Document Release Date:
September 24, 2012
Sequence Number:
1
Case Number:
Publication Date:
November 26, 1953
Content Type:
MISC
File:
Attachment | Size |
---|---|
![]() | 1.28 MB |
Body:
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
BOUNDARY AO
" Di
TIVE.TO A SECTION OF THE
BORDER BETWEEN HONDURAS AND EL SALVADOR,
DATED 1881 AND 1869
Convenioa Celebradoe entre Honduras
y El Salvador en ,Los AHos de 1861 Y
alg, Tegucigalpa, Honduras, 26
November 1953
861
Boundary Agreement relative to a section of the border
between Honduras and El Salvador, signed by the Commissioners
Caste Alvarado and Francisco Sancho, the respective representa..
tives of the two Republics.
The Undersigned, Chief Clerk of the Ministry of Foreign
Relations, CERT/PIES: that in the Archives of this Ministry
there is a document which says, word for word and letter for let?
ter: "On Monkey Mountain which is between the villages of Joco?
aro in the Republic of Honduras and those of Arambala and Perquin
in the Republic of El Salvador, on the first day of the month of
July 1861. -- We, Don Caste Alvarado, Surveyor for the former,
and Don Francisco Sancho, Surveyor for the latter, both properly
authorized to mark the boundaries and determine in a Just and
equitable and legal manner the old question pending with regard
to the common lands between the above mentioned villages in El
Salvador and Honduras after having exchanged their respective
powers and finding them in due form, we wished to hear and inform
ourselves of the complaints and claims of the respective villages,
and for this purpose we heard both sides, and saw that both have
claims upon the whole area in which we find ourselves; by virtue
of which, having proceeded to the reading of the respective titles,
1
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
si
Declassified and Approved ForRelease2012/09/24 : CIA-RDP08001297R000400160001-2
r
line marking the seaward boundary of the Gulf 'would seem to be,
according to the Salvadoran brief, one drawn from Point Chiguirin,
El Salvador, to Conchaguita Island, thence to Neauguera Island,
to Meauguerita Island, and then across the "entrance* to Point
Rosario. (11 American Journal of International Law 679).
The case of The Republic of El Salvador 1,4 The Republic
of Nicaragua was heard by the Central American Court of Justices
and on March 28, 1917 the court voted on twenty-four points
comprised in the questionnaire in the case submitted to it.
Questions nine to and including fifteen are relevant to the
historic bay problem,
Ninth Question. - Taking into consideration the geographic
and historic conditions, as well 43 the situation, extent and
configuration of the Gulf of Fonseca, what is the international
legal statue of that Gulf?
The judges answered unanimously that it is an historic
bey possessed of the characteristics of a closed sea.
Tenth Question. - As to which of those characteristics are
the high parties litigant in accord?
The judges answered unanimously that the parties are agreed
that the Gulf is a closed sea,
Eleventh Question. -What is the legal status of the Gulf
of Fonseca in the light of the foregoing answer and the con-
currence of the high parties litigant, as expressed in their
arguments, with respect to ownership and the incidents derived
therefrom?
Judges Medal, Oriamuno, Castro Ramirez and Boncanegra answered
that the legal status of the Gulf of Fonseca, according to the
terms of the question, is that of property belonging to the three
countries that surround it; and Judge Guierres Navas answered that
the ownership of the Gulf of Fonseca belongs, respectively, to
the three riparian countries in proportion.
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
'
Twelfth Question. - Are the high parties litigant in accord
es to the fact that the waters embraced in the inspection zones
that pertain to each, respectively, are intermingled at the
entrance of the Gulf of Fonseca?
The judges answered unanimously that th.e high parties are
agreed that the waters which form the entrance to the Gulf
intermingle.
Thirteenth Question. - That direction should the maritime
inspection zone follow with respect to the coasts of the countries
that surround the Gulf?
Judges Medal, Oreamuno Castro Ramirez and Bocangra answered
that the zone should follow the contours of the respective coasts,
as well within as outside the Gulf; and Judge Gutierrez Navas
that, with respect to the Gulf of Fonseca, the radius of a marine
league zone of territorial sea should be measured from a line
drawn across the bay at the narrowest part of the entrance towards
the high seas, and the zone of inspection extends three leagues
more in the same direction.
Fourteenth Question. - Does the right of cocornership exist
between the Republics of El Salvador. and Nicaragua in the non-
littoral waters of the Gulf, and in those -waters also, that are
intermingled because of the existence of the respective zones of
inspection in which those Republics exercise police power and
the rights of national security and defense?
Judges Medal, Oreamuno, Castro Ramirez. and Bocarmigra
answered that such right of co-ownership does exist, without
prejudice, however, to the rights that belong to Honduras in
those non-littoral waters; Judge Gutierrez Navas answered in the
negative.
Fifteenth Question. - Vherefore, as a consecrelence, and
conformably with their internal laws and with international law,
should there be excepted from the community of interest of co-
ownership the league of maritime littoral that belongs to each
of the States that surround the Gulf of Fonseca adjacent to the
Declassified and Approved For Release 2012/09/24: CIA-RDPO8001297R000400160001-2
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
9
V
coasts of their mainlands and islands respectively, and in which
they have exercised, and may exercise,their exclusive sovereignty?
Answered in the affirmative by judges Medal Oreamuno and
Castro Ranireel and in the negative by Judge Gutierrez Navas, on
the ground that in the interiorof closed gulfs or bays there is
no littoral sonej judge Bocangra answered in the affirmative
on the 'ground that the high parties litigant, having accepted the
Gulf of tonseca a8a closed, bay, the existence of the marine
league of exclusive
becomes necesoary,since the Gulf
belongs to thkee nations instead of one.
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Declassified and Approved ForRelease2012/09/24 : CIA-RbP08061297140064-00160001-2
,
LA/v-6)
THE GULF OF FONSE
The Bryan-Chamorro Treaty of August 5, 1714, between
the United States and Nicaragua, granted to the United States,
for the tern of ninety-nine years (renewable for a further term
of the same duration), for the establishment of a naval base, a
part of the Gulf of Fonseca.
This Gulf is enclosed by three states, El Salvador, Honduras,
and Nicaragua.
On August 28, 1916, the Republic of El Salvador brought be-
fore the Central American Court of Justice a, complaint against
the Republic of Nicaragua. This complaint alleged, inter alia, that
the BryanChsmorro Treaty was prejudicial to her supreme interests
in that it violated her rights of co-ownership in the Gulf of
Fonseca, and threatened, her eecurity.
The complaint pointed out that Spainimmibeen. the exclusive
owner of the waters of the Gulf of Fonseca, and that such owner-
ship had been ultimately transferred in common to the three
coastal nations El Salvador, Honduras, and Nicaragua, and that
further the use ef its waters for fishing and ther analagous
purposes had never been exercised or even claimed by other nations.
The complaint further naintained that the Gulf of FOnSeat
belongs to the category of so-called "Historic Bays", such as
Chesapeake, Delaware, Conception, Chaleur, and Miramidhe Bays,
and that the fact that three states and not one enclose the Gulf
does not prevent the application of theihistoric bay" principle,
since the three littoral states have not always been independent
each of the others, but were once a part of one Spanish oolanY,
and. then of the Federal Republic of the Center of America.
According to the Salvtvikesn brief, the entrance to the Gulf
is a body of water extending slightly less than 10 miles from
Meauguerita Island, El Salvador to Point Rosario Nicaragua* The
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
?
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
it appears. (1) That on 12 February 1760 the village of Jo?
coara obtained an area of the measurement of two caballerfas La
land measure of about 33.5 acres], and part of another, at the
site called Naguaterique. ? (2) That when title was about to be
given, the communes of Arambala and Perqufn, of the territory of
San Miguel, appeared to oppose this and presented another survey
made on 12 July 1769 by Don Antonio Ygnacio de Castro, under the
authority of the commission given him by the Subdelegate of said
territory, in whose area, which comprises 60 caballerfas accord?
ing to the manner of said period, they included the area of the
people of Jocoara mentioned above. (3) That, the issue hav?
ing been joined, the matter was taken before the respective
courts and by throe uniform sentences, the people of Jocoara re?
mained in full and pacific possession of their two caballerias
and ..)art of another, and obtained due title to the same. -- (4)
And, finally: that some time later the people of Perquin and
Arambala once again made representations to Don Jose de Dusts?
mante, Captain General of the former kingdom of Guatemala the
solo judge in land matters, petitioning for the cession and con?
firmation to them of the rest of the land which had been surveyed
for their common lands, since the suit they had had with the pee?
le of Jocoara, and which they had lost concerned only the two
caballerias and part of another of the Naguaterique area, and,
their petition having been heal-Ellen 15 December 1815 they were
given title to the 60 caballerfas surveyed in 1769, the people
of Jocoara remaining excluded. Therefore: we, in the name of
our respective Governments, and in the exercise of our commis?
sions declare, to the people of Jocoara and Perqufn, who are
the owners of the land covered by the alTropriate title, exclud?
ing the area belonging to the people of Jocoara known as
Declassified and Approved For Release 2012/09/24: CIA-RDP08C01297R000400160001-2 _
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Naguaterique, and for greater clarity and understanding of the
communes of said villages, we went, accompanied by their munici?
pal authorities and about two hundred inhabitants, to the land
marks which should and do separate said territories; in so doing,
we reached a point known as the foot of the Serro de la Ardilla
[Hill of the Squirrel], where we found an old marker of stones,
which is known to be the first one of the area belonging to the
people of Arambala and Perquin, which we rebuilt, having
acquainted all interested persons with that point, they were
asked whether they also knew those of La Isla and Serro de Sa?
pamani, which are to the southeast of where we stood, and, they
having answered "yes," they were told to regard them as the
limits of the lands of the people of Arambala and Perquin lying
to the north, and to respect those to the north as Honduran ter?
ritory. Next, we went in the direction of west southwest, and,
in a place called Sojoara, we passed the first marker of the
lands of Jocoara, and proceeding along the slope of Naguaterique
peak we reached the hillock of Olosicala, where we found a dilap?
idated marker, which we recognized as the Second of these lands,
and which we restored, and proceeding west we 1,assed through a
place which they call Las Piedras Gordas [Dig Stones], and then
we reached a little hill which they call the hill of Arambala,
where we found a stone marker with a cross, which we recognized
as the third of the lands of the people of Jocoara. From this
marker the fields of Arambalaajd Perquin lie to the west south?
west, separate from the lands of Jocoara, and, since this matter
has no connection with the foregoing, the operation was considered
to be concluded, and all the interested persons were informed that
the part lying to the south belongs to the common lands of the
? 3 ?
Declassified and Approved For Release 2012/09/24 : CIA-RDPO8C01297R000400160001-2
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
former villages, and the part to the north, bounded by SoJoara,
Olosicala hill, Arambala hill, and Canmane ravine belongs to the
people of Jocoara, and the rest of the land to the north is
within the boundaries of the Republic of Honduras. The above
mentioned villages of Jocoara, Arambala, and Perquin were satis
tied with their respective rights, comprehended them, and stated
that they would not oppose this act; and they mutually offered
to preserve good harmony, and not again bring up the question of
their lands, and promised that anyone breaking this promise would
be responsible for any costs, damages, and irejudice which might,
by bisect, be occasioned the offended party, for which purpose
they would respect each other's persons and property, as is ap?
propriate between neighboring villages. Then the Mayor and
commune of San Juan de *ferule, of the Republic of Honduras,
brought suit against the people of the villages of Mianguera and
Cacaopera, of the Republic of Cl Salvador, on the grounds that
the latter did not quietly leave them in possession but deprived
them of six caballerias and part of another of lands which they
legitimately own at the sites of Joateca and Masala in Salvadoran
territory, and, having seen the titles and other documents, and,
even though he recognized them to be legitimate, the Commissioner
of Cl Salvador stated that he had not brought instructions to
settle this question, because his Government was not informed of
it; and that he will inform his Government about the matter, and
about the titles with which the people of Yarula support their
claims. And by virtue of the fact that part of the common lands
of the people of Arambala and Perquin are in Honduran territory,
since, because of common knowledge and the reading of the full
proceedings which we saws as well as by our presence on the spot,
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
the old dividing line of the provinces of El Salvador and Hon..
duras is here formed by the Rio Negro, which in the indigenous
tongue is called 2nianinlara, this being a territorial question
for which the undersigned Commissioners do not have jurisdiction,
they leave itto, the deliberation and decision of their Govern?
ments. -- Their mission, therefore, being concluded, the Commis?
sioners sign this document in duplicate, together with the au?
thorities and other individuals who were informed of and were
present at the present demarcation of boundaries. Is/ Francisco
Sancho. Is/ Canto Alvarado. The Mayor of Joeoara ? /s/
Ygnacio Martines. -- For himself and the Mayor of Perquin /s/
Guadalupe Peres. -- For the Mayor of Arambala and myself ? /s/
Santiago Hernandes. -- For the Mayor of rerquin and myself ? /s/
Cerberto 14pes G. -- For the commune of Arambala and myself ? /s/
Doroteo Hernandes. -- For the communes of the villages of Yarula
and Jocoara /s/ Ofreciano Garcia."
And upon the application of the Cormaission of Territorial
Studies of Ihinduraa5 the present certification is issued in the
city of Tegucigalpa, D.C., on the eighteenth day of the month of
November 1963.
SEAL /s/ Celestine Castillo
Chief Clerk
[Authentication]
No 068.
The undersigned, Secretary of State in the Department of
Foreign Relations, CERTIFIES by laws that the above signature
is authentic, and that it is "Celestine Castillo," acting in his
Declassified and Approved For Release 2012/09/24: CIA-RDPO8001297R000400160001-2
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
capacity as Chief Clerk of the Ministry of Foreign Relations of
Honduras. This Secretariat assumes no responsibility whatsoever
with regard to the contents f the above document.
Tegucigalpa, D.C., 20 November 1953.
1869
is/ [Illegible]
Boundary Agreement relative to a section of the border be-
tween Honduras and El Salvador, signed by the Commissioners Nemo-
terio Chives and J. Francisco Sancho, the respective representa-
tives of the two Republics.
The Undersigned, Chief Clerk of the Ministry of Foreign
Relations, CERTIFIES: That in the archives of this Ministry
there is a document which says, word for word and letter for let-
ters "PAOCEEDINGS NO ls On the mountain of Naguaterique, on the
twenty-sixth day of the month of June 1889, we, the Commissioners
Hemeterio Chives and Don Joe 4 Francisco Sancho, the former for the
Su2reme Government of the Republic of Honduras and the latter for
the Supreme Government of the Republic of El Salvador, in order
to mark clearly and definitively the dividing line between the
two countries; after exchanging their respective powers, finding
them to be in due form, we entered upon the following discussion
with regard to the points most fully recognised on each side, and
according to the reports received and the data shown by the titles
of the common lands of the bordering villages of Similatm, Joco-
ara, and Colomoncagna, in Honduras, and those of Arambala, Porquin,
and Torole, in Cl Salvador, particularly that of Araibala and
-6
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Perquin, which is one and the saner and clarifies the fact that
the Rio Nearo is the boundary line between the two Republics,
the record of the survey of which goes back one hundred years;
and regarding the foregoing as suri iently established, it be?
ing corroborated by the reports received; we now having no fur?
ther duty with regard to this statement; it being eight o'clock
in the morning, together with the Honduran authorities from i?
milaton and Jocoara and the Salvadoran authorities from Arambala
and Perquin, with some of the respective inhabitants, we went
from this pointwhich separates the possessions of Arambala and
Perquin from those of Jocoara, along the southeast of the moun?
tain, and after walking for about two leagues, we arrived at a
mountain covered with straw, called El Mal Paso, known to all)
on top of which we found a marker of stones, and above them a
triangular stone standing up about one vara [variable unit of
length, about 2.8 feet], which marker is mentioned in the title
of Similaton as marking its limits and the dividing line with
the common lauds of Arambala and Perquin; from this marker, which
initiates the dividing line of the two Republics, we went in the
direction of north 68? west although the people of Arambala and
Perquin were quite reluctant when they saw that their lands are
being divided, with about one third turning out to be in Honduran
territory, and that this third is the best, since it is composed
of the mountain of Naguaterique, which is not less than fifty
scaballerias in area, and from which they get their subsistence
because of advantages of tillage and pasturage) and the fact that
the lands relaining to them are almost useless, because they lac%
theme atIvantages; but, having told them; that the division of
the two Republics which divided their lands did not deprive ti
of the right of possession over their lands in Honduran territory,
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
which they should continue to use according to their titles, and
the people of Jocoara as well, until the Governments should de?
termine what would be the most suitable way to remove the discord
in which they live and have lived from time immemorial, as is evi?
denced by their titles, they said: that under these conditions,
even though they were not very pleased, the proposed division
should be carried out; thus it was that, together with all the
foregoing, and following the direction indicated, going down from
the top of the hill of El Mal Pasqpwith the territory of Honduras
OA the right, with the mountain of Naguaterique, and on the left
that of El Salvador, crossing the road which leads from Cacaopera
to Jocoara and other villages, passing ravines, hills, clumps of
torch pines and thickets, we walked downhill and reached the Rio
Negro at the point of El Barrancon, a place which is also well
known to all, where there is a cove close to the foot of the
range and mountain of Naguaterique, to which point we estimated
it was a little more than a league. From this point the de?
marcation continues along downstream, following all its windings;
its course is from east to west, parallel to the hill of Gfiiriri,
which is on the lefthand side, and where, in a north to south di?
rection the Rio Negro is crossed by the common lands of Arambala
and Perquin; we continued downstream in the aforesaid manner,
with unapportioned land of El Salvador on the left side, reach?
ing the confluence with the Rio Negro of another stream, which
comes down from the left, and which is known by the name of Pi?
chigual, up to which point, according to the data appearing in
the title of Arambala, Salvadoran territory reachee, the marker
of the hill of Gliiriripup to this point ii confluence being un?
apportioned; and to which point from El Barrancon there is a
? 8 ?
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
distance of more than three leagues to survey, which took six
days without counting holidays, up to which the Jurisdiction of
the Commissioner of Honduras reaches, and, although the Commis?
sioner of El Salvador has full authority to follow the demarca?
tion between the villages of Torola in this Republic and that of
Colomoncagua in Honduras, we find ourselves embarrassed for the
reason given. Nevertheless, at the desire and request of the two
villages mentioned above, we continue to examine the titles on
both sides until recognizing the course of the Rio de las Cass,
which later on forms the same dividing line, but since, in order
to decide on the dividing line from this confluence to the above
mentioned Rio de las Was there was lacking the necessary author?
ipation on the part of the Honduran Commissioner, the two villages
agreed that the village of Colomoncagua would appeal to its Gob'?
erunont for such authorization, and that the two Commissioners
would wait pending its being granted; it was agreed that the de?
marcation of the border between the two Republics was concluded
up to this point in the terms recorded above with respect to the
villages of Arambala, Perquin, and Jocoara. This document was
signed in duplicate by the two Commissioners and by t e witnesses
from the two villages, who concurred. /s/ Hemeterio Chavez. --
/s/ J. Franco. Sancho. -- For the Mayor of Perquin /e/ German
Amaya, Secretary. -- For the Mayor of Arambala /s/ Doroteo
Hermandes, Secretary. -- The Mayor of Perquin ? /s/ Bernardo
Amayas -- The Mayor of Arambala /s/ 74faximo Sort?. -- For the
Mayor of Jocoara and himself ? /s/ Santiago Vasques. /s/ Pablo
Vasques. /s/ Pablo Vasques." PROCEEDINGS NO 2. -- At the place
called Champate, on the fifteenth day of the month of July 1860,
it being two o'clock in the afternoon, the Commissioners Hemeterio
? 9 ?
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
-111111mormwww.# ? -
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Ch&vez and Don Jose Francisco Sancho, the former having exhibited
the new permission sent by his Government for clarifying the ques?
tion of territorial boundaries pending between the villages of
Colomancagua and Torola, and the Commissioner of El Salvador hav?
ing found them to be in due form, they began their work by reading
the documents which they had with them, consisting of two volumi?
nous files, one of which contains various surveys making up the
title of Colomoncagua, and the other a general survey of all the
lands, made in 1793 by the Commissioner Don Andre? Perez, as well
as a survey which forms the title of the estate of San Diego, made
in 1666, another survey which serves as title for the village of
Torola, made in 1743, and a certification by the Subdelegate of
the territory of Grecian & Dios, Don Jose Gerenimo Zelaya, issued
in the year four of this century, in favor of the owners of the
estate of San Diego; and having covered or visited some of the
points mentioned in said titles, i.0.1 Chamnate, El Portillo
Blanco, Laguneta, Barrancon, Las Tigeretas, and a place known as
El Picacho. -- After an extended discussion, which took place
throughout five working days, the two Commissioners not having
been able to agree, the Commissioner of the Republic of 1]1 Salva?
dor said; That since the titloof Colomoncagua do not impinge on
those of Torola and the estates which continue on from San Diego
and Candelaria, because the boundaries of the latter are marked
by the Las Callas River, which at the same time they declare to
be the dividing line between the two Republics, and since the
lands of Colomoncague do not go that fart he had no doubt that
the dividing line was the confluence of the richigual River with
the Negro River, where it abuts upon Aramhala and Perquin on a
bearing South by 16 degrees West, and by the rine of a steep hill
? 10 ?
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
. Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
with unapropriated land on either side, since the above mentioned
lands of Colomoncagua do not reach this line until it climbs to
the higher level, which is flat ground, and a place known as El
Llano Seco, and going down, following the same bearing, until it
reaches the headwaters of the Las Cause River, which are formed
by two ravines, one of which comes down from the village of Colo?
moncagua to the right, and the other of which comes down on the
left from the lands of Torola, and where the cwamion lands of this
village form an angle; and continuing downstream, passing by the
foot of the place of Las Tiger etas, until the limits of this com?
mon land and continuing along, following all the bends of the
river and the boundaries of San Diego, passing by the point of
El Barrancon to the limits of the aforementioned San Diego, they
continue downstream until they pass the point crossed by the road
going from Gracias i Dios to San Miguel, and roaches an angle
formed by the river a little in front Gf the road in the locality
of Champate, to which point, starting at El Barrancon, a strip of
land lies in Salvadoran territory, which Colomoncagua recognizes,
according to its surveys, which consists of somewhat more than two
caballerias, the unap,ropriated land having continued along the
right bank of the river from its headwaters almost as far as El
Barrancon, which belongs to Honduras, and since his jurisdiction
went as far as the limit of Colomoncagua lands, he considered his
mission at an end; remarking: that from this point of the bend of
the river the dividing line leaves it, as it must continue along
in the hills on a westerly bearing, because the river Liakes a sharp
turn towards the south; adding that, since the two Commissioners
had not been able to agree on the line drawn, which ho believes to
be very just and legal according to the data afforded by all the
?11?
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
, Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
aforementioned documents and the location of the lands, he pro?
tested and protests formally, in the uanie of the Republic of El
Salvador and its Government, against any prejudice in case there
is any trespassing over the dividing line, which has now been
drawn, until such time as the two Governments iay decide differ?
ently; adding also that he did not respect the survey carried
out by Don Andres Peres ir the year 1793, since it was null and
void by reason of having been carried out on all the neighboring
land, even including the village of San Fernando, which is very
far away and within the common lands of Arambala and Perquin, and
did not jibe at all with the surveys which the inhabitants of Col?
omonagua have as their title. And the Commissioner of the Rooth?
lic of Honduras said.'
that since in his judgment, the titles of
Celomonague were contradicted by that of San Diego, since the at?
ter solemnly says that the division of the jurisdictions
river called Las CeMas, because, even though the certification of
the aforementioned Subdelagate of Graciae & Dios, Don Jor&nimo de
Celaya, asserts what it does besides not having the nature or
character of a public instrument, since it is preserved on a loose
sheet of paper without any witnesses, has the unfavorable charac?
teristic of having been drawn up upon the estate of San Diego,
which is the property of the interested parties, for which rea?
sons he considers it as null and void; one of the surveys con?
tained in the title kept by the people of Colemon gua saying that
El Ficacho (which in his opinion 2uecurus or Piedra Cruz) is,
besides being the boundary of both common lands, the dividing line
for the jurisdiction of San Miguel and Gracias & Dios; this state?
ment not being contradicted by the people of Torola in due time,
since they appeared to support their boundary claims because they
?12?
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
, .
?
were told to do so; and this being later confirmed by the survey
carried out by the Commissioner Don Andros Perez in 1793, at the
request of the people of Colomenagua, not only in agreement with
the people of Torola, who declared that it was in complete har?
mony with the boundaries of Colomonagua, but also with the state?
ment of the mayor of Jecoaitique of the Republic of El Salvador
itself, who, by virtue of the judicial notice, went out with the
people of his village, and stated that the line which marked the
boundary of the common lands of Colomonagua and Torola and the
division of the jurisdictions was the highway, -which he know from
the Torola title. His opinion being what it is, that by making
the boundary line follow the C4fiall River until It meats the con?
fluence of the Negro River with El Pichigual, the territory of
Honduras is deprived of a considerable quantity of land, accord?
ing to the expression of the aforementioned titles, he believed
it well to take no definitive decision in this respect; not only
because the community and authorities of the village of Torola
were unwilling to cede the smallest portion of the rights they
alleged to have, but also because the aforementioned Commissioner
of the Republic of Honduras felt that he had been unable to find
any documents on which to rely without personal responsibility
for the aforesaid decision. By virtue of which, the aforemen?
tioned Commissioner of Honduras said to the one from El Salvador:
that only the demarcation shown by the Negro River from the marker
of the hill of Mal Paso up to the boundary of the common lands of
Perquin and Arambala at the marker of Tiembla Tierra or the hillock
of GBiriri was recognized by him; but subject to the approval of
his Government; and that with regard to the boundary from that
point as far as Champate, he leaves it up to the deliberation and
? 13 ?
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
, Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
decision of his Government, protesting, as, indeed, he does pro?
test solemnly in the name of the Republic of Honduras and his
Government that he is not res,onsible for the unfortunate conse?
quences that may arise from the failure to reach agreement on
the question which e7,ists between the village of Torola and that
of Colomonagua. Upon which they considered their mission at an
end, and the Iresent instrument was signed in duplicate by the
aforementioned Commissioners, along with the authorities of both
villages, the owners of the estates of San Diego and Candelaria,
and some residents and witnesses. ? /8/ Hemeterio Chavez.-- /s/
J. Francisco Sancho. The Mayor of Torola /s/ Santos Ortiz. --
For the Councilman Fillgencio Sanches and for myself ? /a/ Luis
Bigil. /s/ Marcos Vasquez, Secretary. The Mayor of Colozaona?
gua /s/ Tomas Lopez. -- The Assessor ? /s/ Bernardo Marqs.
/s/ Benito Cruz, Secretary. Here the heirs of San Diego and
Candelaria sign ? /a/ Gabriel Arguota. /s/ Pedro Argueta. --
/s/ Gabriel Marquez. -- /s/ Daniel Vasquez. -- /s/ Eulalio Ar?
gueta. /s/ Apolonio Ramirez. -- /a/ Bernardino Argueta. Wit?
ness ? /s/ Perfecto Mercado. Witness ? /s/ Remijio Chavez.
And upon the application of the Commisaion of Territorial
Studies of lionduras, the present certification is i sued in the
city of Tegucigalpa, D.C., on the twenty?first day of the iAmth
of November 1953.
[Authentication]
No 660.
/s/ Celestine Castillo
Chief Clerk
?14?
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R00040016000172_
-_,Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2
The undersigned, Secretary of State in the Department of
Foreign Relations, CERTIFIES by law: that the above signature
is authentic, and that it is "Celestino Castillo," acting in his
capacity as Chief Clerk of the Ministry of Foreign Relations of
Honduras. This Secretariat assumes no responsibility whatsoever
with regard to the contents of the above document.
Tegucigalpa, D.C., 26 November 1953.
SEAL /a/ [Illegiblej
?15?
Declassified and Approved For Release 2012/09/24: CIA-RDP08001297R000400160001-2