724.34119/1694: Telegram
The Chargé in Argentina (Tuck) to the Secretary of State
[Received 7:50 p.m.]
311. From Haden. The Peruvian delegate presented at session of the Conference this morning a draft of an act constituting the Mixed Commission. The introduction names Finot and Cardozo and “the representatives of the six mediatory countries”; mentions article V of the treaty and the fulfillment of the award on the ground by the Boundary Commission. Article I names the members from Bolivia and Paraguay and states that Florit is the fifth member “who will be president of the Mixed Commission and will exercise all the functions [Page 176] inherent in that capacity.” Article II states the Commission will meet in Buenos Aires to formulate regulations, plan of action and methods of work. Text of article III is as follows:
“In the application on the ground of the dividing line traced by the arbitral award, the member designated by the mediatory Governments and president of the Mixed Commission, will direct the debates occurring and will verify the execution of the decisions adopted.
In case of disagreement his decision will resolve definitively all the technical and practical questions on which the parties are not agreed.”
Article IV requires notification to the Argentine Minister for Foreign Affairs concerning progress made, the latter to inform the parties and other mediators. Article V provides that the fifth member may be replaced by common accord of the diplomatic representatives in Buenos Aires of the mediatory Governments. Article VI permits the parties concerned to name substitutes on the Commission. Article VII declares that Bolivia and Paraguay will each pay half the total cost of the Commission. The agreement to be signed in triplicate.
Bolivian and Paraguayan delegates accepted the above described instrument ad referendum. It is hoped to sign the agreement this week due to the impending departure of Cantilo for Lima.
Please confirm that I may sign on the behalf of the United States and instruct whether any changes are desired. Redundancy of article III will probably be eliminated.
When first presented the draft included another article permitting appeal from the decision of the fifth member on all questions which either party believed altered award, to the diplomatic representatives of the mediatory Governments in Buenos Aires in meeting convoked. This article was omitted finally with the concurrence of Paraguayan and Bolivian delegations. Third article thus implies final decision by the fifth member and apparently the Paraguayan delegate is not insisting on his position reported my telegram No. 310, November 18, 9 p.m.59 [Haden.]
- Not printed.↩