724.34119/1455: Telegram
The Ambassador in Argentina (Weddell) to the Secretary of State
[Received 7:50 p.m.]
187. From Braden. Please transmit full powers for me to sign peace treaty, my telegram 184, July 6, 10 a.m.
There is transmitted below text of draft treaty approved late yesterday by Bolivian Minister for Foreign Affairs and delegate and approved in principle by junior Paraguayan delegate whose preliminary objections are that in article I, third paragraph, the terminal of the line in the west must be restricted to the upper Pilcomayo; and that other points of the line must be more accurately defined insofar as possible by geographical coordinates.
After study by the remainder of the Paraguayan representatives such alterations as they desire will be presented to the Conference this afternoon. If agreement on the exact wording of the treaty can be reached, it will be initialed tonight by the Foreign Ministers of Bolivia and Paraguay; it will be submitted by telegraph to the approval of the Bolivian Government. Estigarribia and junior Paraguayan delegate will fly to Asunción with the treaty on Sunday in order to get the Paraguayan Government’s approval, probably returning on Monday so the treaty can be signed on that day, Tuesday or Wednesday.
Objection (1) above presents some difficulty. Number (2) not so much; however, the Department will observe that phrasing of article on free port has been approved by both Bolivian and junior Paraguayan delegate.
Chief of Police of Asunción Bray arrived from Asunción by plane yesterday, presumably to induce Zubizarreta to withdraw his resignation telegraphed to Asunción or in any event not openly to oppose the treaty. Argentine representatives in Asunción and La Paz report telegraphically optimistic and conciliatory spirit in those capitals. The latter quotes President of Bolivia as practically anticipating thanks to Argentine Government and Argentine Minister for Foreign Affairs, nevertheless, see last paragraph my 174, June 30, 8 p.m.
Your 88, July 7, 2 p.m. Opinion of Conference is that public statements should be kept to a minimum practically until hour of signing but it is now proper to say there is agreement in principle and that signature of peace treaty is only subject to getting agreement on [Page 163] details and final approval of the Bolivian and Paraguayan Governments. Text of draft treaty follows:
Draft Treaty of Peace, Friendship and Limits Between the Republics of Bolivia and Paraguay
The Republics of Bolivia and Paraguay (Paraguay and Bolivia) with the intention of consolidating peace definitively and to put an end to the differences which gave rise to the armed conflict of the Chaco; inspired by the desire to prevent future disagreement; keeping in mind that between states forming the American community there exist historical brotherly bonds which must not disappear by divergencies or events which must be considered and solved in a spirit of reciprocal understanding and good will; in execution of the undertaking to concert the definitive peace which both republics assumed in the peace protocol of June 12, 1935 and in the protocolized act of January 21, 1936; represented:
The Republic of Bolivia by His Excellency Dr. Eduardo Diez de Medina, Minister for Foreign Affairs, Propaganda and Worship.
And the Republic of Paraguay by His Excellency Dr. Cecilio Baez, Minister for Foreign Affairs and Worship.
Present in Buenos Aires and duly authorized by their Governments have agreed to concert under the auspices and moral guarantee of the six mediatory Governments, the following definitive treaty of peace, friendship and limits:
Article I
The dividing line in the Chaco between Bolivia and Paraguay (Paraguay and Bolivia) will be that determined by the Presidents of the Republics of Argentina, Chile, United States of America, United States of Brazil, Peru, and Uruguay in their capacity as arbitrators in equity, who acting ex aequo et bono will give their arbitral award in accordance with this and the following clauses.
The arbitral award will fix the northern dividing line in the Chaco in the zone comprised between the line of the Peace Conference presented May 27, 1938 and the line of the Paraguayan counter-proposal presented to the consideration of the Peace Conference presented June 24, 1938, from the meridian of Fort Twenty-seventh of November i. e. meridian 61 degrees 55 minutes west of Greenwich to the eastern limit of the zone, excluding the littoral on the Paraguay River south of the mouth of the River Otuquis or Negro.
The arbitral award will likewise fix the western dividing line in the Chaco between the Pilcomayo River and the intersection of meridian 61 degrees 55 minutes west of Greenwich with the line of the award in the north referred to in the previous paragraph.
Article II
The arbitrators will pronounce, dispensing with titles of best right and juridicial briefs, according to their loyal knowledge and understanding taking into consideration the experience accumulated by the Peace Conference and the advice of the military advisers to that organization.
[Page 164]The six Presidents of the Republics mentioned in article I have the faculty of giving the award directly or by means of plenipotentiary delegates.
Article III
The arbitral award will be given by the arbitrators within a maximum of two months counting from the ratification of the present treaty, obtained in the way and form stipulated in article X.
Article IV
The award being given and the parties notified, these will immediately name a mixed commission composed of five members, two named by each party and the fifth designated by common agreement of the six mediatory Governments in order to apply on the ground and set the bournes of the dividing line given by the arbitral award.
Article V
The award being given the Governments of Bolivia and Paraguay (Paraguay and Bolivia) will accredit their respective permanent diplomatic representatives in Asunción and La Paz (La Paz and Asunción).
Article VI
The Republic of Paraguay guarantees the amplest free transit through its territory and especially through the zone of Puerto Casado, of merchandise arriving from abroad destined to Bolivia and of the products which issue from Bolivia to be embarked for abroad through the said zone of Puerto Casado; with the right for Bolivia to install customs agencies and construct depots and stores in the zone of the said port.
The regulations of this article will be the object of a later commercial convention between both Republics.
Article VII
The arbitral award having been executed through the application and setting of bournes of the dividing line the Governments of Bolivia and Paraguay (Paraguay and Bolivia) will negotiate directly, Government to Government, the other economic and commercial conventions they deem proper to develop their reciprocal interests.
Article VIII
The Republics of Bolivia and Paraguay (Paraguay and Bolivia) reciprocally renounce all action and claim deriving from the responsibilities of the war.
Article IX
The Republics of Bolivia and Paraguay (Paraguay and Bolivia) renewing the non-aggression pact stipulated in the protocol of June 12, 1935 solemnly obligate themselves not to make war on each other nor to use force, directly or indirectly, as a means of solution of any present or future difference.
If in any event these were not resolved by direct diplomatic negotiations they obligate themselves to have recourse to the conciliatory and [Page 165] arbitral procedures offered by international law and especially the American conventions and pacts.
Article X
The present treaty will be ratified by the National Constitutional Convention of Bolivia and by a national plebiscite in Paraguay; in both cases ratification must take place within twenty days counting from the date of signature of this treaty.
Article XI
The parties declare that in case ratification referred to in the preceding article were not obtained, the text and content of this treaty cannot be invoked to found upon them allegations nor proofs in future occasions or procedures of international justice.
In faith of which the representatives of Bolivia and Paraguay (Paraguay and Bolivia) together with the plenipotentiary delegates representing the mediatory countries in the Peace Conference sign and seal the present treaty in double copy at Buenos Aires on the blank day of the month of July 1938.
Weddell