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The Commission of Plenipotentiaries of Paraguay states:

I. That the representatives of Bolivia have not accepted the proposal made by the exponents relative to the dismantling and abandonment of the fortins founded by both countries subsequent to 1907.

II. That said proposal corresponded with the idea suggested by the Argentine Republic of demilitarizing the military posts or positions referred to, and which was accepted, in principle, by the Governments of Paraguay and Bolivia.

III. That the representatives of Bolivia confined themselves to proposing the reduction and balancing of the military forces of the fortins of both countries.

IV. That the representatives of Paraguay rejected the Bolivian proposal as being insufficient and hardly in accord with the Argentine suggestion.

V. That the representatives of both countries stated that they accepted arbitration as a means of settling the boundary controversy, but disagreed fundamentally as to the manner of classifying and stating the question.

The Paraguayan Delegates considered the question, in accordance with all the antecedents, as a boundary dispute between the territory of the former Province of Paraguay, which extends west of its river and to which the Republic of Paraguay is successor, and the territories of the former District of Chiquitos and of the entities or provinces of Alto Perú out of which Bolivia was formed.

The proposal of the Bolivian Delegates implied the redemption of the entire territory of the Chaco Boreal, with the still more grave feature of fixing as a disputed and arbitrable zone the territory included between the parallel coinciding with the mouth of the Apa River and the Pilcomayo River up to 59° [west] of Greenwich, and to leave to Bolivia, without discussion, all the rest of the territory of that geographic unit. This Bolivian proposal was rejected absolutely by the Delegates of Paraguay as being contrary to the sovereignty of this country and all the diplomatic antecedents relative to the settlement of the controversy.

VI. That a new modus vivendi not having been agreed upon, the Delegation of Paraguay reaffirms and ratifies the legal existence of the status quo agreed upon in 1907 as well as its scope and meaning in accordance with its thesis set forth in previous conferences, and reserves the right of its country to present claims for the violation of said pact.

VII. That the Delegation of Paraguay accepted the formula suggested by the Argentine Observer for the Act of Suspension of the Conference relative to arbitration and the uti possidetis of 1810, but it was unable to agree to item III of said formula because the representatives of Bolivia considered it tantamount to a condemnation of all the possessory acts, however old these may have been, and not subject to the zone of the status quo.

Upon closing, both Delegations agree in declaring that the dispute in which their respective countries are involved shall be settled only by pacific means, except in the case of self-defense.

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In testimony whereof, they sign this Act in triplicate in the City of Buenos Aires, on the twelfth day of July nineteen hundred and twentyeight.

[Enclosure 2-Translation"]

Argentine Proposals of December 1927, as Published in "La Prensa" of July 13, 1928

1. That Paraguay agree to proceed directly to arbitrate the fundamental question.

2. That Bolivia and Paraguay proceed to demilitarize all their fortins or to withdraw those that are opposite each other to a distance of fifty kilometers each; this act to be verified by a military commission from a third country.

3. That it be declared that the advances which either country may have made have created a de facto situation which does not give them any right nor can said advances be alleged before the arbitrator as the basis of their claims.

711.3412 Anti-War/1: Telegram

The Minister in Bolivia (Kaufman) to the Secretary of State

LA PAZ, September 10, 1928-4 p. m.
[Received 4:05 p. m.]

41. The Bolivian Government through the Minister of Finance has requested me to ask the Department to use its best course to obtain the adhesion of Paraguay to the multilateral treaty for the renunciation of war, since the Bolivian Government thinks that such action would facilitate the settlement of Bolivian-Paraguayan boundary question.

KAUFMAN

711.2412 Anti-War/6: Telegram

The Minister in Bolivia (Kaufman) to the Secretary of State

LA PAZ, October 12[11?], 1928—1 p. m.

[Received October 12—10:30 a. m.] 46. Bolivia has signed today and delivered to the Legation the multilateral treaty which will be forwarded by pouch.58 The President and the Acting Minister of Foreign Affairs Palacios requested my presence at the Palace yesterday afternoon and informed me that

62 Translation from Proceedings of the Commission, p. 333, is substituted for the file translation.

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See pp. 1 ff.

See despatch No. 58, Oct. 12, 1928, from the Chargé in Bolivia, p. 220.

Paraguay has violated the mutual understanding in both [sic] construction of three forts in disputed territory. Both requested me to notify the Department in the effort to use good influence with Paraguayan Minister in the hope of stopping construction until such time as the matter can be arranged amicably. My answer was that I would convey the foregoing message to the Department.

KAUFMAN

724.3415/222: Telegram

The Secretary of State to the Minister in Bolivia (Kaufman)

WASHINGTON, October 12, 1928–6 p. m. 24. Your 46, October 12, 1 p. m. Your reply to the Bolivian officials is approved. Take no further action without definite instructions.

KELLOGG

724.3415/222: Telegram

The Secretary of State to the Minister in Paraguay (Kreeck)

WASHINGTON, October 12, 1928-6 p. m.

9. The Department has been informally advised through the Bolivian Legation that Paraguayan troops are building a fortress 30 kilometers from the Bolivian fortress Sorpresa, located 1 kilometer from Chamar Lagoon. At the northwest of Arce and 40 kilometers from the said point they are also building another fortress called Boqueron. The Legation calls attention to the seriousness of the situation which may arise through construction of these fortresses so close to those of Sorpresa and Arce. Report by telegraph any information in your possession regarding matter without discussing it with any officials.

KELLOGG

724.3415/224 : Telegram

The Minister in Paraguay (Kreeck) to the Secretary of State

ASUNCIÓN, October 16, 1928—2 p. m.
[Received 11:28 p. m.]

15. Information in Department's telegram No. 9 exaggerated. Socalled fortresses only observation outposts, having only 25 to 30 men. No fortifications other than light arms. All Paraguayan fortifications are in indisputable territory of Paraguay. Full report by mail.

KREECK

724.3415/239: Telegram

The Minister in Paraguay (Kreeck) to the Secretary of State

ASUNCIÓN, December 6, 1928-11 a. m.
[Received 10:55 p. m.]

25. Hostilities have commenced between Bolivian and Paraguayan soldiers near the Paraguayan Fort Galpon.

Bolivia has been constructing a new fort near Galpon. On December 5th a troop of Bolivian soldiers advanced near Fort Galpon. At first friendly, later opened fire which was returned by the Paraguayans causing many casualties dead and wounded; Bolivians withdrew, repulsed.

Paraguay, in the interest of peace and having accepted the Kellogg Pact, desires Washington to invoke the convocation of the Commission of Inquiry provided for in the Gondra Treaty to which both countries are parties. It is suggested the Commission at Montevideo assume charge inquiry because of its convenience to both Govern

ments.

Casualties follow in this Legation's despatch No. 661; complete picture of conditions set forth therein, consult it; also very important despatch No. 671.55

KREECK

724.3415/239: Telegram

The Secretary of State to the Minister in Paraguay (Kreeck)

[Paraphrase]

WASHINGTON, December 7, 1928-4 p.m.

13. Your telegram No. 25, December 6, 11 a. m. Although I should be pleased to do everything I properly can do which would be acceptable to both parties with the view of bringing about a friendly settlement of the present difficulties or of averting further hostilities, I cannot, of course, invoke the convocation of a Commission of Inquiry under the Gondra Treaty in the case of a dispute to which the Government of the United States is not a party. It will be necessary, therefore, in accordance with article 3 of the Gondra Treaty, for the Paraguayan Government, if it cares to do so, to request the convocation of the Commission of Inquiry. The Paraguayan Chargé has just called and left a note describing the recent incident at Fort Galpon, but he

For correspondence concerning the establishment of permanent commissions under the treaty, see pp. 644 fr.

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Neither despatch printed.

66 Note not printed.

has made no request for any action such as you say the Paraguayan Government desires the Government of the United States to take. The Department has not yet received your despatches Nos. 661 and 671.57

KELLOGG

724.3415/244: Telegram

The Minister in Paraguay (Kreeck) to the Secretary of State

ASUNCIÓN, December 7, 1928—4 p. m.

[Received December 9-12:25 a. m.]

26. Continuing telegram No. 25.58 Dr. Eusebio Ayala, former Paraguayan Minister in Washington, is now on his way to Montevideo officially to request Uruguayan Government to convoke Commission of Inquiry provided by the Gondra Treaty. Official Paraguayan note to Bolivia gives notice of its action in the following words:

"My Government, on deploring the necessity in which it has been placed by resorting to this proceeding, is pleased in declaring its decision of not using its means of defense except in case of being compelled to repel an aggression and its plan of confiding the solution of its questions to legal arbitrators. Your Excellency's Government should give this note the status of the official communication to which the second article of the treaty mentioned refers."

Presence of Bolivian troops at Menonipple [Mennonite] colony reported despatch No. 665 en route 59 is additional evidence of Bolivian aggression. Latest information concerning conflict: Bolivian forces, 22 dead or critical; wounded unknown; 29 taken prisoner, including two officers. Paraguayan: no fatalities, several wounded. Bolivian troops in district of conflict, 4800; Paraguayan, 1600. Quiet reigns, acclaim for peace is everywhere here.

KREECK

724.3415/243: Telegram

The Minister in Paraguay (Kreeck) to the Secretary of State

ASUNCIÓN, December 8, 1928-9 p. m. [Received December 9-12:30 p. m.] 27. Bolivia's answer to Paraguay's request for convocation of Gondra Treaty was to give passport to Paraguayan Minister at La Paz. Paraguay will give Bolivian Minister his passport tomorrow.

KREECK

67

Neither printed.

58

Ante, p. 681.

53

ence.

Despatch No. 675, Dec. 5 (not printed) is probably the despatch under refer

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