724.3415/2657: Telegram
The Commission of Neutrals to the Paraguayan Minister for Foreign Affairs (Benítez)
The Commission of Neutrals has received Your Excellency’s telegram of the 17th instant and Delegate Soler’s note of today91 in which he announces his temporary withdrawal. Both documents indicate that the proposal of the 15th instant of the Commission of Neutrals has not been properly interpreted.
The eighth article states categorically that nothing in the settlement proposed affects in any form or any way the juridical position or the rights of either party; Your Excellency’s references, therefore, to the Hayes award does not appear to be applicable to the case.
The Commission of Neutrals is not operating in the capacity of a Court nor deciding regarding alleged rights nor examining titles, these being questions within the competence of the arbitral court mentioned in article 10 of the proposal of the 15th of December.
[Page 133]The Neutrals are simply indicating an honorable and dignified procedure for the purpose of causing the immediate termination of hostilities and submitting the Chaco question to arbitration. The proposal states clearly that the lines established for the withdrawal of the forces and for the guarding of the unoccupied territory are merely measures for this purpose and in no wise change or affect the juridical status of the parties.
Bolivia also states that the proposal does not satisfy her completely, but both parties can and should make concessions of detail with the object of achieving peace and an arbitral solution. The fact that neither party finds the proposal of the Neutrals entirely satisfactory is a plain indication of the justice, equity and impartiality of the proposal, attributes which all the countries of America, as well as the League of Nations, have unanimously recognized in it by supporting the Commission’s proposal without reservations, as they have done.
That proposal unquestionably offers an honorable basis for settlement by the parties. Refusal to discuss it, by withdrawing your Delegate, cannot but be interpreted as an intention to continue the war and to entrust the future of your situation in the Chaco to the hazards of arms.
Whatever may be the outcome of the armed struggle, there can be no doubt that it would be disastrous for both countries, as is shown by the effects of the World War. The Commission of Neutrals, therefore, once more requests very earnestly that Your Excellency’s Government authorize the continued stay in Washington of Mr. Soler, enabling him to discuss with the Neutrals and with the Representative of Bolivia a settlement on the bases of the proposal of the 15th instant. Any observation which either the Government of Paraguay or the Government of Bolivia has presented or may present will be examined with entire impartiality by the Commission of Neutrals.
President
- Latter not printed.↩