724.3415/2001: Telegram

The Bolivian Minister for Foreign Affairs (Gutiérrez) to the Secretary of State

[Translation]

I acknowledge receipt of the cabled note of the 5th instant in which the representatives of the five neutral countries who had charge of the conferences on the pact of non-aggression state that they cannot consider our inquiry as to whether they would see fit to modify their formula in the sense of accepting as a basis for the suspension of hostilities the state of things existing at the moment of the agreement because it is contrary to their rooted convictions and to the Declaration of Principles which 19 American states have just formulated on the 3rd day of the present month.51 They conclude by reiterating their confidence that the Government of Bolivia will desire to order the immediate suspension of hostilities on the basis of the positions of Bolivia and Paraguay on June 1, 1932, and to submit the Chaco dispute immediately thereafter to arbitration or other friendly means which may be acceptable to both. My Government, in proposing the existing situation as a basis for the suspension of hostilities did not intend to decide questions of territorial sovereignty. The legal situation of the fortines captured from one and the other country touches the fundamentals of the subject. Ideas being thus clarified we on our part regret that the representatives of the neutral countries cannot consider the inquiry which we made of them in our cable of the 4th instant. I must note that it is desired to try the application of the new peace doctrine launched into the world scarcely 5 days ago in the Chaco conflict with a retroactive character to June 1, last. If retroactivity attends that doctrine from its inception there would [Page 63] be no reason for not extending its effects back to September, 1888, and include in the suspension of hostilities the immediate return to Bolivia of Puerto Pacheco. My Government therefore persists in its counterproposal of taking the present possessions as a basis for maintaining the suspension of hostilities. Hostilities suspended temporarily. As to proposals on the fundamentals of the controversy we have repeatedly declared that we are disposed to open negotiations on reasonable bases but in no case under the pressure of force.

I greet Your Excellency [etc.]

Julio A. Gutiérrez
  1. Post, p. 159.