Mr. Washburn to Mr. Seward.

Sir: I herewith transmit to you a sealed communication from the minister of foreign relations in Paraguay, which has been handed to me by the French minister plenipotentiary here resident, and who is also accredited to Paraguay. He received a communication similar in appearance for himself, which he said was a copy of a letter addressed by President Lopez to President Mitre, the commander-in-chief of the allied forces now advancing against Paraguay. This letter was translated and published in the Standard here, together with the reply of President Mitre, and I am therefore enabled to send you a printed translation of both. You will see that General Lopez complains that General Mitre has not observed the rules of war, as held by civilized nations, and threatens retaliation on any Brazilians or Argentines that may be in his power, unless the commander of the allies changes his course and carries on war after a different fashion. General Mitre, in his reply, denies the charges, and comes back on the marshal President with interest, accusing him of the commission of unheard of atrocities, not against prisoners taken in arms, for such he had none, but on the inoffensive women and children, whose husbands and fathers were beyond his reach, but who were themselves exposed to his savage barbarities. In reply to Lopez’s threat to take vengeance on the unoffending Brazilian and Argentine civilians that have remained in Paraguay since the war began, he tells him that he shall be held responsible with his life for any acts not recognized in the code of civilized warfare.

It seems, however, that Lopez was not diverted from his course by the reply of Mitre, for I have reliable information that, on the reception of Mitre’s letter, all the Brazilians and Argentines in the country were immediately seized and thrown into prison, some of them with heavy fetters. Among these is the Brazilian consul, who has been for twenty years in the country, and is married to a Paraguayan, and at the time of arrest was in such feeble health that a Paraguay prison must soon put an end to his troubles.

There is no recent news of importance here from the seat of war. The allies are getting together a large force, and are steadily but slowly moving towards the southern frontier of Paraguay. It is now thought a collision will take place, and an important if not decisive battle be fought within the next thirty days. And it looks, too, as if the Brazilian government were so determined on the extinction of the rule of Lopez, that no reverse that he can inflict could avert the final catastrophe. His Majesty the Emperor of Brazil has at least learned not to despise his enemy, for he is continually augmenting his forces with raw recruits, that can be of little service for months, and making such other preparations as show that, come what will of disaster, he will not treat for peace till the conditions of the triple alliance are fulfilled, and the Lopez authority is overthrown and destroyed.

At the date of my last despatch I was expecting to have been in Paraguay long before this; but it has been utterly impossible for me to get there. Before I left Rio, towards the last of October, Admiral Godon told me that he should start for the Platte in the course of two or three weeks, and on reaching here would furnish a steamer to take me to my post. I have been consequently awaiting the arrival of such vessel until now, but not one of our vessels of war has been in this river since my arrival here. I have been informed, however, that several vessels of our fleet left Rio, bound hither, on the fifth or sixth instant. I may, therefore, reasonably expect to soon be at my post.

I have the honor to be, sir, very respectfully, your obedient servant,

CHARLES A. WASHBURN.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Page 552]
[Translation.]

President Lopez to President Mitre.

I have the honor to address your excellency the present note as commander-in-chief of the allied armies at war with this republic. In the imperious necessity which at times forces nations and governments to settle their difficulties by the sword, a war has broken out between this republic and the states whose armies you Command. In such case it is customary for civilized nations to mitigate the evils of war by stripping it of all acts of cruelty which disgrace humanity and cast an indelible stain upon the commanders ordering or tolerating the same, and this I had expected from your excellency and your allies. Filled with this spirit, it was my first care to order the fullest respect for all prisoners who have accordingly enjoyed every convenience and even liberty compatible with their position. My government has given the fullest protection not only to Argentine, Brazilian, and Montevidean citizens in our power, but even to the prisoners of war. The strict discipline of the Paraguayan armies in Argentine and Brazilian territories is proof of this, and even the families and properties of those in arms against us have been respected.

Your excellency meantime initiated the war with atrocities such as the arrest of the Paraguayan agent in Buenos Ayres, D. Felix Egusquiza; the pursuit of our consul, General José Rufo Caminos and his son Felix, who had to take refuge under the British flag; the confiscation of public and private Paraguayan properties in bank and elsewhere; the arrest of Cipriano Ayala, who was bearer of despatches; the tearing down the Paraguayan flag and dragging it through the streets; the shooting me in effigy at Rosario; the assassinations by General Caceres of Lieutenant Ayala, at Saladas, and Ensign Ferreyra, at Bella Vista, (both wounded;) the butchery of the wounded at Yatay; and the sending a Paraguayan deserter, named Juan Gonzales, to assassinate me. All these barbarous acts, however, have been unable to alter my resolution or make me imitate your excellency, nor did I expect that such new atrocities would be added to the infamous catalogue of crimes with which the civil wars of the river Plate have presented a disgraceful picture to the universe.

I hoped that in this first international war your excellency would impress on your subordinates that a prisoner of war is a man and a Christian, and when surrendered, no longer an enemy; and that the prisoners at least would be respected in their misfortune and treated as generously as we treat those of the allies. But it is with profound regret that I have to abandon such hopes in view of the atrocities committed with the unfortunate Paraguayans who have fallen into your power. Your excellency has obliged the prisoners of Yatay and Umguayana to take up arms against their country, to swell your ranks, putting aside all hope of an exchange of prisoners, and at once cruelly immolating those who dared to refuse. Such as escaped so sad a fate have been either sent as slaves into Brazil or (some of whiter skin) sent as presents and rare curiosities to people in Montevideo and Buenos Ayres. This contempt not only for the usages of war, but for common humanity; this barbarous alternative between death and slavery, stand without example in history; and it is to your excellency, to the Emperor of Brazil, and to the ruler of Montevideo, must be ascribed the infamy of perpetrating such enormity. The Paraguayan government by no act, either before or since the war, has provoked such barbarity. The Argentine, Brazilian, and Montevidean citizens have been permitted to retire with their effects from our territory or remain, as they preferred. My government respected the usages of war, although our treaty had expired, considering them of benefit to humanity and national honor, and never so far forgetful as to allow the tearing down of your flag or shooting your excellency in effigy, (even though at war,) much less murdering any stray Argentines or Brazilians in our encampment. Public opinion and history will severely judge such acts. The allied powers have not waged war according to civilized usages, but with atrocities that will forever brand them with infamy. Such being the case, my position as general of the armies of this republic obliges me to check such acts as far as possible. I therefore ask your excellency, in the name of humanity and decorum, to abandon this barbarous method of war; to treat your Paraguayan captives as prisoners of war and to prevent further atrocities. And I notify your excellency that in case you do not reply, or that the Paraguayan prisoners be kept in arms against their country, or that you hoist a Paraguayan flag in your ranks, or commit any fresh enormity, I shall feel myself excused from any further consideration and (however unwillingly) make all Argentines, Brazilians, and Montevideans that may now or hereafter be in my hands answer with their lives and properties for a rigorous reprisal.

I will await your answer for thirty days. You can send it to Paso la Patria.

May God preserve your excellency many years.

FRANCISCO S. LOPEZ.

His Excellency the President of the Argentine Republic, Brigadier General Don Bartolome Mitre, Generalissimo of the allied armies.

[Page 553]

the president of the argentine republic and general-in-chief of the allied armies.

President Mitre to President Lopez.

[Translation.]

I have received the note which your excellency addresses me as general-in-chief of the allied armies from your headquarters at Humayta, dated 20th instant, wherein, after citing facts which you suppose inconsistent with the laws of war committed by the allied armies with the prisoners of Yatay and Umguayana, your excellency invites me to observe those laws, intimating your intention to use reprisals in a contrary event. On duly considering said note, I must say, in reply, that the facts you allege as grave charges of want of humanity and self-respect on the part of the allies towards the Paraguayan prisoners fallen into our hands are in part wholly untrue, and the rest distorted, probably owing to prejudiced reports which have reached your excellency, and I regret that a moment’s reflection did not suffice to show you the falsehood of such statements.

The Argentine, Brazilian, and Montevidean governments being forced to stand forth in defence of their honor, dignity, and territory, which your excellency treacherously assailed in violation of all civilized usages, seizing our towns and vessels in time of peace without previous declaration of war and in a piratical manner, we had to hasten to rescue the lives and properties of our fellow-citicens in Matto Grosso, Rio Grande, and Corrientes from barbarous death and spoliation, but always in conformity with the rules of international war. And this we have fulfilled, not only for honor and duty, but because the crimes and outrages perpetrated by your excellency’s troops in Brazilian and Argentine territory during your brief occupation had filled us with horror, and we could not fall into the same iniquity; neither should we show the civilized world any other conduct than becomes an army encharged with the noble mission of vindicating national honor instead of sacking defenceless towns and properties, as your excellency’s troops have done from first entering Argentine and Brazilian territory on either side of the Uruguay till reaching Uruguayane and Paso los Libres, completely destroying all the towns and farms and carrying off a great portion of the booty for your excellency in Paraguay, and by your order, as appears from the note-book found in Colonel Estigarribias’s papers, which book is now in possession of the Brazilian government.

At the same time, the army which your excellency poured into Corrientes, as far as the Santa Lucia, committed still greater atrocities, plundering thousands of cattle farms, burning the houses, leaving thousands of families without roof or shelter on the devastated plains, and even carrying its barbarity (or rather your excellency’s, for it was by your order) so far as to tear from their homes and convey prisoners to Paraguay the innocent wives and tender children of several of our valiant officers. These poor women and children had remained in the places occupied by your excellency’s troops, trusting you would observe with them the same usages as your excellency now invokes in favor of the Paraguayan prisoners, but which you flagrantly violated in their case. All these acts are notorious, and will stamp with undying ignominy those who have authorized or tolerated the same. Your excellency will have to answer for them not only to the allies who make war against you, but to the whole world, which has uttered a unanimous cry of execration on your head.

At the conclusion of those combats, resulting in the triumph of our arms, the wounded and captured survivors were first looked after and cared for in our hospitals on a par with our own wounded. Nay they were often better treated, as objects of greater compassion, owing to their nakedness and misery, and were regarded as the unhappy victims of an ill-advised ruler who hurled them to meet death in a war both unjust and unprovoked, the effect of an arbitrary caprice. So far from being forced to enter our ranks or treated with rigor, they have met with kindness and benevolence, some of them being set at liberty, others drafted off to various towns, and the rest kept for army servants, hospital work, &c. It is true many of them have entered the ranks of the allied army, but this was their own free will and request, a favor which could not be denied them, it having been already conceded to Paraguayan refugees in our territory who volunteered for the campaign.

I have answered the principal charges in your excellency’s note, and not only controverted them but shown upon whom must fall the immense responsibility of whatever barbarities may unhappily have occurred in the present war. I might also descend to the isolated cases mentioned by your excellency, but some are so notoriously false, and others so exaggerated, that it is idle to refute them, especially as we are now at open war, when arms must decide the question. Your excellency will understand that this is not a season for recrimination, and I should be led into such if I answered the other charges of your excellency.

In conclusion I must add that I cannot understand how your excellency came to believe the story of the Paraguayan deserter Juan Gonzalez, if there ever really was such a man, and I regret, for the dignity of the post you occupy, that you have seriously affixed your signature to a letter stating your fear of a dagger treacherously directed against you by an [Page 554] Argentine general. I declare to your excellency that I do not believe you capable of making such an attempt against my life or that of any of the allied generals, since I am accustomed to do this justice to the chiefs against whom I have ever fought, and I must do the same with your excellency.

In consequence of the above, and in order to prevent any excesses on the part of your excellency, as foreshadowed in your note, I beg formally to notify your excellency, for the protection of the lives and properties of the Argentines, Brazilians, and Montevideans in your hands, (taken by chance or treachery, for in fair fight you have not yet taken a single prisoner,) that any act on the part of your excellency or subordinates in violation of civilized usages will be visited personally on your excellency, besides the other satisfaction that may be deemed requisite. If, in spite of this, your excellency take any measures unusual in war, you will have deliberately placed yourself outside the bound of international law and justify the allies acting towards you as your excellency intimates, it being plainly your intent to aggravate the horrors of war which the allies are doing their best to lessen; and in this resolution we intend to continue, not laying down our arms till obtaining the fullest reparation for our injuries, which we confide for vindication to the will of the Most High and the strength of our right arms—not to the cowardly and ignoble vengeance wreaked on unarmed men, defenceless women, and innocent children.

Such is the only reply I have to offer your excellency, without prejudice to whatever resolution may be adopted by the governments of the triple alliance, to whom I will to-day forward a copy of your excellency’s note and of this my reply.

God preserve your excellency.

BARTOLOME MITRE.

His Excellency Marshal Francisco S. Lopez, President of the Republic of Paraguay.