724.3415/2001: Telegram

The Commission of Neutrals to the Bolivian Minister for Foreign Affairs (Gutiérrez)

[Translation]

We Neutrals have received the two cablegrams from Your Excellency of the 8th instant and another one of the 9th, in which you announce to us that your Government “in proposing the existing situation as the 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”, that “we suspended hostilities several days ago” and that “hostilities suspended temporarily” which we did not know until today, and which we are very glad to know.

It is now incumbent upon us to state to Your Excellency the reasons we had in mind in proposing the positions held on the 1st of June as the basis for the cessation of hostilities. The first incident reported to the Neutrals was that of June 15th. Without the complete details of this and the following combats which have never been furnished to [Page 64] us it has been impossible for us to make suggestions for their solution, for which reason we have indicated a basis which implies no judgment in advance.

Futhermore, on the 3rd of August, the American nations clearly stated to Bolivia and Paraguay that they were opposed to force and renounced it both for the solution of their controversies and as an instrument of national policy in their reciprocal relations. On this basis every attack in the Chaco, whether original or by way of reprisals, is considered by the American nations as illegal, and they have declared categorically that no territorial position won by arms would be recognized by them.

In view of the express assent of Your Excellency to these principles, and particularly your declaration contained in the cable of the 8th instant that your Government, in proposing the existing situations as the basis of the suspension of hostilities did not intend to decide questions of territorial sovereignty, and that the legal situation of the fortines taken from one and the other country touches the fundamentals of the subject, we respectfully ask Your Excellency:

First, whether your Government proposes the immediate cessation of hostilities on the basis of the present positions with the understanding that such positions do not alter the legal situation of Bolivia and Paraguay of the 1st of June 1932; Second, whether it agrees to submit immediately the controversy concerning the Chaco to an arbitration, by means of negotiations, which will begin before the 15th of September next; Third, whether it agrees that by the 15th of June, 1933, the positions taken in the territory of the Chaco subsequently to June 1, 1932 shall have been abandoned, unless a different arrangement on this point is concluded between the two countries in dispute, and agrees to maintain therein only the minimum guard personnel in the meantime; and Fourth, whether it agrees to give facilities to the representatives of the Commission Neutrals whom the latter may desire to send to the Chaco territory for the investigation which may be pertinent.

Henry L. Stimson

Secretary of State of the United States
Fabio Lozano T.

Minister of Colombia
José Richling

Chargé d’Affaires of Uruguay
José T. Barón

Chargé d’Affaires of Cuba
P. Herrera de Huerta

Chargé d’Affaires of Mexico