[IX-78] Carrillo could not rule with the liberal constitution of 1825. To do away with this obstacle he used as a pretext the decree of the federal congress of May 30, 1838, empowering the states to reconstitute themselves. The assembly of Costa Rica accepted the decree on the 16th of July, 1838, and Carrillo seized the opportunity to get rid of a fundamental law that did not suit him. It was at his suggestion that the assembly, by decree of July 14, 1838, called the constituent convention. Costa R., Col. Leyes, iv. 248-51, 279-84; Montúfar, Reseña Hist., iii. 266-7.
[IX-79] A treaty of friendship and alliance was concluded July 1, 1839, with Honduras; another of the same character one month later with Guatemala. Both are given in Convencion, in Cent. Am. Constitutions, 13-14, 23-5.
[IX-80] The coat of arms was a star with rays, placed in the centre of a sky-blue circle, and had at the circumference the inscription 'Estado de Costa Rica.' The flag consisted of three horizontal stripes, the uppermost and lowest white, and the central one sky-blue, with the coat of arms on the latter. The flag of the mercantile marine was not to have the coat of arms, but instead of it, in silver letters on the centre stripe, the inscription 'Estado de Costa Rica.' Costa R., Col. Leyes, vi. 316-20.
[IX-81] President Morazan's decree of April 20, 1842, restored the flag, arms, and coins as before the promulgation of Carrillo's.
[X-1] Articles 8th and 9th of this treaty stipulated that the ports of both states were to be closed to British trade until Great Britain should restore to Central America the island of Roatan, the seizure of which, together with its consequences, is treated of in another part of this volume. Chatfield, who had been favoring the views of Guatemala against Los Altos, declared to the latter that these articles were offensive to his government. The government of the new state, being anxious to avert any interruption of friendly relations, by its minister, Aguilar, assured the consul, on the 18th of Jan., 1840, that the objectionable articles would be rescinded.
[X-2] The state assembly passed a decree to that end April 17, 1841, and appointed the deputies to represent it, the appointees being Francisco Castellon, Gregorio Juarez, Benito Rosales, Ex-jefe José Nuñez, and Hermenegildo Zepeda. The last named was represented by Sebastian Salinas. Castellon's selection by the assembly was a blow at Buitrago, the two being bitter opponents.
[X-3] In the protest they set forth the machinations brought to bear to defeat them. Nicaragua and Salvador had asked Guatemala and Costa Rica to enter the convention. Ferrera, the executive of Honduras, played a double game. He had representatives in the convention, while he was leagued with the aristocrats of Guatemala, who spurned the idea of reorganization. Montúfar, Reseña Hist., iv. 144.
[X-4] Meantime the convention named the supreme delegate and the members of the council. The duties of the executive officer were multifarious, involving foreign and internal affairs. Among the foreign affairs was the negotiating of a concordat with the pope, and of a treaty with Spain for her recognition of Central American independence. He was also to procure the reassembling of the American diet. Squier's Trav., ii. 444-5; Montúfar, Reseña Hist., iv. 147-8; Reichardt, Nic., 73-4; Salv., Diario Ofic., Feb. 14, 1875.
[X-5] Act of the constituent assembly, dated July 20, 1842. Montúfar, Reseña Hist., iv. 304-5.
[X-6] The act consisted of 77 articles, and was an amplification of the former act. Art. 4 said that the confederate states recognized the principle of non-intervention by one or more states in the internal affairs of the others. They bound themselves never to resort to arms for the settlement of disputed points, nor to permit the annexation of towns of alien jurisdiction without the express assent of their sovereign. The other states of the late union were granted the privilege of joining the confederacy with equal rights and representation. Art. 14 prescribed that the government was to be exercised through delegates for the general objects of common benefit expressly set forth in the instrument. Art. 15. The executive authority was to be in charge of a supremo delegado, with a consultive council formed with one member from each state. Art. 16. The judicial power was intrusted to a court composed of members chosen by the state legislatures. The delegates who subscribed the act were: J. Nuñez, G. Juarez, Francisco Castellon, Pedro Zeledon, and Sebastian Salinas for Nicaragua; Manuel Barberena, and José M. Cornejo for Salvador; Manuel E. Vazquez, Mónico Bueso, and Jacobo Rosa for Honduras. Cent. Am., Pacto de Confed., 1-12; Niles' Reg., lxiv. 2; La Union, June 15, 1850; Montúfar, Reseña Hist., iv. 266-82; Pabellon Nac., Oct. 19, 1844, 27; Froebel's Cent. Am., 143.