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By the Republic of Colombia:
R. GUTIERREZ LEE

By the Republic of Costa Rica:
JOSE VARELA ZEQUEIRA

By the Republic of Cuba:
MARIO G. LEBREDO

JOSE A. LOPEZ DEL VALLE

HUGO ROBERTS

DIEGO TAMAYO

FRANCISCO M. FERNANDEZ
DOMINGO F. RAMOS

By the Republic of El Salvador:
LEOPOLDO PAZ

By the United States of America:
HUGH S. CUMMING

RICHARD CREEL

P. D. CRONIN

By the Republic of Guatemala:
JOSE DE CUBAS Y SERRATE

By the Republic of Haiti:
CHARLES MATHON

By the Republic of Honduras:
ARISTIDES AGRAMONTE

By the Republic of Mexico:
ALFONSO PRUNEDA

By the Republic of Panama:
JAIME DE LA GUARDIA

By the Republic of Paraguay:
ANDRES GUBETICH

By the Republic of Peru:
CARLOS E. PAZ SOLDAN

By the Dominican Republic:
R. PEREZ CABRAL

By the Republic of Uruguay:
JUSTO F. GONZALEZ

By the United States of Venezuela:

ENRIQUE TEJERA

ANTONIO SMITH

[An appendix to the convention, containing forms of certificates and other documents, and an annex are not printed here; but may be found in Treaty Series No. 714 published by the Department of State in 1925.]

724.3415/51

BOUNDARY DISPUTES

Bolivia and Paraguay

The Acting Secretary of State to the Chargé in Paraguay

No. 247

56

(Southworth)

WASHINGTON, July 25, 1924.

SIR: The Department is in receipt of your confidential telegram No. 14, of June 12, 6 p. m., and your confidential despatch No. 1397, dated June 14, with reference to the recrudescence of the boundary dispute between Paraguay and Bolivia concerning the sovereignty over a portion of the Chaco Boreal. You state that the Bolivian Government has protested to the Paraguayan Foreign Office against the grant reported to have been made by the Government of Paraguay to Canadian Mennonites of certain land in this territory, and you add that the Chargé d'Affaires of Bolivia at Asuncion has inquired whether you would not submit to him a memorandum containing suggestions in regard to a possible intervention of the United States in this problem, which he might transmit to his Government. The Department desires to inform you in this connection that the Government of the United States would not be willing to intervene in this boundary dispute until it is requested to do so by both of the countries in question.

I am [etc.]

JOSEPH C. GREW

724.3415/59

The Ambassador in Argentina (Riddle) to the Secretary of State

ASUNCIÓN, August 20, 1924.
[Received September 17.]

SIR: This afternoon the Minister for Foreign Affairs sent word he would like to call on me at 4.30 and on his arrival at that hour he handed me a short document in Spanish-a copy and translation of which are herewith enclosed. This memorandum constitutes a summing up of the communications exchanged between the governments

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of Bolivia and Paraguay relative to the disputed question of the limitation of their frontiers and indicates a disposition on the part of both governments to submit the question to the arbitration of the United States.

The Foreign Minister in handing me this paper said that the President of Paraguay requested me to forward it to my government at Washington.

I have [etc.]

J. W. RIDDLE

[Enclosure Translation 58]

Draft of an Agreement between Paraguay and Bolivia

ARTICLE 1. The Governments of Paraguay and Bolivia, not having been able to reach a direct agreement in former negotiations, agree to ask the Government of the United States of America to act as arbiter in the arbitration of right (arbitraje de derecho) to which they must submit their boundary dispute according to the protocol of April 5, 1913,59 still in force.

ARTICLE 2. If before the arbitration is commenced any intervening circumstance should permit a new direct negotiation between the parties, they may request the mediation of the designated arbiter in the negotiations which would be initiated in Washington by the respective representatives duly empowered for this purpose.

ARTICLE 3. The present agreement confirms the abrogation of all boundary treaties formerly concluded. Until the arbitral award is made the status quo of the Agreement of January 12, 1907 0 now in force by virtue of the extensions stipulated in the later protocols, shall alone continue in force.

ARTICLE 4. A special protocol will establish the remaining conditions and formalities tending to facilitate the early and effective execution of the arbitration agreement.

ASUNCIÓN, August 20, 1924.

724.3415/60

The Chargé in Paraguay (Southworth) to the Secretary of State

No. 1422

ASUNCIÓN, September 4, 1924.
[Received October 1.]

SIR: I have the honor to acknowledge the Department's instruction No. 247 of July 25, 1924 concerning the Paraguay-Bolivia bound

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ary dispute; in which I am informed that the government of the United States would not be willing to intervene in this dispute until it is requested to do so by both of the countries in question.

Referring also to Ambassador Riddle's despatch in this regard from Asuncion, of August 20, 1924, enclosing a draft of an agreement between Paraguay and Bolivia requesting the acceptance by the United States of the rôle of judge, I would now inform the Department that it seems the above draft is a copy of a counter-proposal made to Bolivia by President Ayala in answer to one essentially similar, submitted just after the inauguration by the Bolivian Special Ambassador, Señor Diez de Medina, who has since returned to his regular post at Buenos Aires.

This information was offered me today by the new Minister of Foreign Affairs, Dr. Manuel Peña; he continued by relating frankly the present status of negotiations with Bolivia in the boundary dispute.

The protest recently made by the Bolivian Chargé against the grants of land in the Chaco to Canadian Mennonites, and referred to in my telegram No. 14 of June 12th, 5 P.M. [6 p.m.],1 has now been fully answered, I was informed, by the observation that the Paraguayan government had no part in the concession to the Mennonites beyond passing a law requested by them exempting them from compulsory military service and granting other similar favors; and moreover that Señor Casado, of the Company which sold them their lands, had personally demonstrated on the map that these lands were not only not in Bolivian territory, but were between Parallels 59 and 60 of West Longitude.

Dr. Peña touched on historical aspects of this case, declaringas Dr. Manuel Gondra, ex-President and Foreign Minister has also recently assured me that since about 1911 it has been the Paraguayan desire to have this question arbitrated by the United States. The language of the Ayala-Mujía protocol of April 5, 1913, providing for the present status-quo, bears this out to some extent in its use of precisely the same verbiage, "arbitraje de derecho", employed in the present draft agreement. The President of Argentina had at that time declined to serve as arbiter.

Dr. Peña then referred to the representations telegraphed by the Department in December, 1914 62 at the time that a Paraguayan military incursion into the Chaco was reported; and stated that proofs of its non-existence were immediately furnished to President Wilson. Paraguay could not but desire American intervention in this problem, he continued, in view of the happy settlement by

61 Not printed.

2 See note of Nov. 30, 1914, to the Bolivian Minister, Foreign Relations, 1914. p. 29.

President Hayes of the territorial dispute with Argentina also involving a portion of the Chaco. 63

Negotiations with Bolivia will continue for the present in La Paz the Minister stated; adding that what his government contemplates after signing such an agreement as that drafted, is, first, direct conversations between representatives of Bolivia and Paraguay in Washington, "with the friendly aid of President Coolidge"; and later, in case no decision is reached in this way, the consummation of the proposed "arbitration of right", with the President as umpire. I am informed that since Manuel Gondra has declined the appointment as Minister to the United States on account of his health, this will probably go to ex-President Eusebio Ayala; who will accordingly be the Paraguayan negotiator if the proposed agreement with Bolivia is reached.

In this regard I note from the President of Bolivia's reply to Minister Guggiari's recent speech on presenting his credentials, furnished me by Minister Cottrell, that Señor Saavedra declared his government was "disposed to open immediate negotiations" on the boundary question; and referred also to the possibility of arbitration.

64

Public interest in Paraguay in this question has steadily grown, especially since it has become known that the United States may be asked to arbitrate. The Colorado (opposition) party has attempted to capitalize the situation by some extravagant nationalistic propaganda; a sample of which is transmitted herewith in the form of a handbill urging attendance at a demonstration of "Colorado Youth" in favor of radical action against Bolivia, held in a public square of this city on August 24th. This demonstration, however, passed off without disorder; and President Ayala considered it politic to appear on a balcony of the Palace on the approach of the demonstrants, and address them with the assurance that measures would be taken to preserve the Fatherland intact. On the whole the calm and considered attitude that the government has taken in this regard toward the rabid element has been admirable. WILLIAM B. SOUTHWORTH

I have [etc.]

724.3415/59

The Secretary of State to the Chargé in Paraguay (Southworth)

No. 258

WASHINGTON, October 13, 1924. SIR: The Department is in receipt of the despatch dated Asunción, Paraguay, August 20, 1924, from the American Ambassador to the

Ibid., 1878, p. 711. "Not printed.

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