Foreign Relations of the United States Diplomatic Papers, 1940, The American Republics, Volume V

740.00111A.R./924: Telegram

The Ambassador in Chile ( Bowers ) to the Secretary of State

Santiago , January 12, 1940—4 p.m.
[Received 5:56 p.m.]

15. Department’s telegram No. 5, January 5, 11 a.m.¹⁶ Ortega is worn out and has been ordered to take a 5 days rest at his farm. He therefore abandoned his hope of an extensive interview with me today and has imparted his views through the Under Secretary and the Chief of the Diplomatic Department as follows:

(1) The four broad fields of discussion mentioned in the Department’s telegram¹⁷ are accepted by Chile in principle but with the reservation that additional fields may be opened up or the language as submitted may be modified and amplified at Rio.

(2) With regard to the role of the Brazilian Government, Chile is willing that it should serve to a limited degree to coordinate exchange of information proposals but prefers that the Committee in general should communicate with and through the Pan American Union as provided by the Panama agreements.

(3) With regard to the subject matter of the agenda Chile notes might be: (a) The Committee is composed of juris-consults and its function is technical and nonpolitical. Its decisions should not be mandatory particularly in view of the fact that it has representatives of only 7 out of the 21 republics; (b) with regard to the rights and obligations of the American Republics as neutrals Chile believes that especial attention should be given to maritime neutrality; (c) with regard to the adoption of measures against belligerent vessels which violate the zone Chile feels that the Committee should give this point secondary place and should consider first the ways and means by which the belligerents might be induced through friendly diplomatic discussions to accept the zone. In this connection she would give primary importance to a discussion of measures by the American Republics to guarantee that a belligerent which accepts the zone shall not suffer injuries or losses in consequence; (d) if the Committee is empowered to study evidence and emit factual findings in cases of violations this function should not constitute it a tribunal and its statements should not have the nature of juridicial decisions. It should simply be an investigating body and its investigations should be undertaken only at the request of a republic whose zone may have been violated.

The attitude of the Chilean Government continues to be friendly and favorable toward the Panama system, but there are manifestly good reasons both economic and diplomatic why she should move with intelligent discretion.

Bowers

16. Vol. i, p. 682.
17. These were the same as the four points included in telegram No. 251, December 30, 1939, to the Ambassador in Brazil, p. 257.