Dispute Between Bolivia and Paraguay

distributed to the Council C. 619. M . 1 9 5 .1928. vu j the Members of the League.]

Geneva, December 26th, 1928.

LEAGUE OF NATIONS

DOCUMENTATION

CONCERNING THE DISPUTE BETWEEN BOLIVIA AND PARAGUAY

'ote by theSecretary-General : The Secretary-General has the honour to communicate to the Council and Members of the eague for their information the following documentation relating to the dispute between Bolivia nd Paraguay.

CONTENTS.

Page r. Press Reports received from th e Agence Télégraphique Suisse communicated by the Secretary-General to the Council on December nth, 1928, during its Fifty- third. Session, a t L u g a n o ...... 3 2. Further Press Reports communicated by the Secretary-General to the Council on December nth, 1928, during its Fifty-third Session, at L u g a n o ...... 3 3. Extract from the Minutes of the Second Meeting (Private) of the Fifty-third Session of the Council, held at Lugano on Tuesday morning, December n th , 1928, and Telegram sent on December n th , 1928, by the President of the Council to the Governments of Bolivia an d P a r a g u a y ...... 4. Extract from the Minutes of the Fourth Meeting (Private) of the Fifty-third Session of the Council, held at Lugano on Thursday morning, December 13th, 1928, and Telegrams: (a) Telegram, dated December 12th, 1928, from the Bolivian Government to th e P resident of th e C o u n c i l ...... 4 (b) Telegram, dated December 12th, 1928, from the Paraguayan Govern ment to the President of the C ouncil ...... 4 5. Telegram dated December 12th, 1928, from the Bolivian Minister in Paris to the S ecretary-G eneral...... 4 6. Extract from the Minutes of the Fifth Meeting (Private) of the Fifty-third Session of the Council, held at Lugano on Friday morning, December 14th, 1928 . . . 6 7. Letter dated December nth , 1928, from the Paraguayan Chargé d’Affaires in Paris to the S e c re ta ry -G e n e ra l...... 8. Extract from the Minutes of the Seventh Meeting (Private) of the Fifty-third Session of the Council, held at Lugano on Saturday afternoon, December 15th, 1928, and (а) Telegram dated December 14th, 1928, from the President of the Bolivian Republic and the Bolivian Minister for Foreign Affairs to the President of th e C o u n c il...... (б) Telegram dated December 12th, 1928, from the Paraguayan Govern ment to the President of the Council (see also 4 b ) ...... 7 (c) Telegram dated December 15th, 1928, from the President of the Council to th e Bolivian G o v e r n m e n t ...... 8 (d) Telegram dated December 15th, 1928, from the President of the Council to th e P arag u ay an G o v e rn m e n t...... 9- Telegram dated December 15th, 1928, from the President of the Council to the Members of th e L e a g u e ......

1 j 75 (A ). , 2y28 jmp Kundjg Publications of the League of Nations VII. POLITICAL 1928. VII. 1. 10. Letter dated December 14th, 1928, from the Bolivian Minister in Paris to the Secretary. G e n e r a l ...... • ...... 11. Telegram dated December 15th, 1928, from the Bolivian Minister for Foreign Affairs to the P resident of the C o u n c i l ...... • ...... 12. Telegram dated December 16th, 1928, from the Acting President of the Council to the Bolivian M inister for Foreign A ffa irs...... 13. Telegram dated December 16th, 1928, from the Acting President of the Council to the P araguayan M inister for Foreign A f f a ir s ...... 14. Telegram dated December 17th, 1928, from the Bolivian Government to the Acting P resident of the C o u n c il...... 15. Telegram dated December 17th, 1928, from the Paraguayan Government to the Acting P resident of th e C o u n c il...... 16. Aide-mémoire handed on December 18th, 1928, by M. Briand, Acting President of the Council, to the Chargés d ’Affaires of th e Argentine a n d the United States of America 17. Telegram dated December 18th, 1928, from the Secretary-General to the Members of the C ouncil...... 18. Telegram from the Paraguayan Minister for Foreign Affairs to the Secretary-General, received December 19th, 1928...... 19. Telegram dated December 18th, 1928, from the Bolivian Minister for Foreign Affairs to th e A cting P resident of th e C o u n c il...... 20. Telegram dated December 19th, 1928, from the Acting President of the Council to th e P arag u ay an M inister for Foreign A f f a ir s ...... I2 21. Telegram dated December 19th, 1928, from the Acting President of the Council to th e B olivian M inister for Foreign A f f a ir s ...... I2 22. Telegram dated December 19th, 1928, from the Acting President of the Council to th e M em bers of th e C o u n c il...... I; 23. Letter dated December 21st, 1928, from the Acting President of the Council to the M embers of th e C o u n c i l ...... n 24. Note verbale dated December 17th, 1928, from the Paraguayan Legation in France to the Secretary-General, received at the Secretariat on December 22nd, 1928 . , y

A nnex I.

Repj.ies from the Members of the League to the Telegram sent b y t h e P r e s id e n t ofihe Council from Lugano on December 15TH, 1928 (see No. 9 above)

1. Telegram dated December 17th, 1928, from the Government of Venezuela .... 14 2. Telegram dated December 17th, 1928, from the Government of Nicaragua. . . . 14 3. Telegram dated December 18th, 1928, from the Government of Siam ...... 1 4. Telegram dated December 18th, 1928, from the Government of Colombia .... 15 5. Telegram dated December 18th, 1928, from the Government of Honduras .... 15 6. Telegram dated December 19th, 1928, from the Persian G overnm ent...... 15 7. Telegram dated December 20th, 1928, from the Chinese Governm ent...... 15 8. Telegram dated December 21st, 1928, from the Government of Uruguay .... ij 9. Telegram dated December 22nd, 1928, from the Government of the Netherlands. 15 10. Telegram dated December 22nd, 1928, from the Government of Guatemala . . . [5 11. Telegram dated December 24th, 1928, from the Belgian Government......

A nnex II.

Replies from the Members of the Council to the Telegram sent from Paris on December

19TH, 1928, b y M. Briand, Acting President o f the Council, and r e p r o d u c e d

a b o v e u n d e r N o . 22.

1. Telegram dated December 20th, 1928, from M. Procopé, Minister for Foreign Affairs of F i n l a n d ...... 1 2. Telegram dated December 20th, 1928, from M. Villegas, Representative of Chile on th e C o u n c il...... 1 3. Letter dated December 22nd, 1928, from M. Zumeta, Representative of Venezuela on th e C o u n c il...... 1 R e p o r t s , received from the Agence Télégraphique Suisse, communicated by

t h e Secretary-G eneral to the Council, in the course of its Fifty-third Session, at Lugano, on December iith, 1928.

York 9th. — From La Paz: It is officially stated that 300 Paraguayans have entered Newterritory and that a large number of Bolivian soldiers have been killed. The Minister for I jivian ^a-rs j.ias landed the Paraguayan Chargé d’Affaires his passports, and he has been j g d to the frontier. Buenos Aires, 9th. — Reports from Bolivia state that, after a sanguinary encounter, Bolivian res have reoccupied the forts from which they had been driven by Paraguayan troops.

La Paz 9th. — The Government has handed the Paraguayan Minister his passports and h a s called the B olivian Minister. La Paz 9th. — It is announced that the Paraguayan troops who attacked Fort Vanguardia, I d were at first repulsed by the Bolivian garrison, have returned to the attack with large rein- I rcements. The municipal elections have already been postponed. A secret meeting of Congress I ,s been held.

F u r th er Press Reports communicated by the Secretary-General to the Council, IN THE COURSE OF ITS FlFTY-THIRD SESSION, AT LUGANO, ON DECEMBER IITH, 1928.

London, ioth. — The following report has been received by Reuter from La Paz : The rupture I tween Paraguay and Bolivia is complete. The Paraguayan Government has handed the Bolivian Minister a note in which it declines all responsibility for the incidents that have occurred in I iraguayan territory. A spirit of warlike enthusiasm prevails at La Paz. At Asuncion, complete calm reigns. I La Paz, ioth. — The Paraguayan Chargé d’Affaires here was not recalled by his Government, as was suggested by a previous report, but left on being handed his passports by the Bolivian Gpvemment. An official communiqué regarding the frontier incidents and sanguinary encounters between the troops of the two parties states that the attack was made by Paraguay, and was i [announced and unjustified, as in previous cases. The Bolivian Government regards this attack i aâ a serious breach of American peace and fraternity, and as an insult to the sovereignty and dignity dj Bolivia, Bolivia has no intention of accepting any procedure of conciliation that will not secure her the full reparation due for the infringement of her sovereignty. The communiqué fu rth e r statetes that a secret sitting of Parliament has been held to consider means of " meeting the crisis In political circles it is understood that a Commission of enquiry has been formed at Montevideo investigate the incidents which have taken place between Bolivia and Paraguay. The Mexican d Chilian Ministers at Montevideo are members of this Commission. The Mexican Minister is H chairman. The Commission’s first act was to request the Bolivian diplomatic representative I appoint a delegate, but this invitation was declined, as, through the good offices of the Argentine, I plomatic proceedings have already been begun and negotiations are in progress with a view the settlement of the incident. Asuncion, ioth. — It is officially announced that Dr. Guggiari, the President of the Republic, I s sent the following letter to the Presidents of the American Republics: “ In fulfilment of the a ligations of international solidarity, we beg to inform Your Excellency that, following the frontier ffl:idents which have taken place between Paraguayan and Bolivian troops, the Bolivian Govern- 1 ait has handed the Paraguayan Chargé d’Affaires his passports, notwithstanding the fact that ■ 6 Paraguayan Government has stated in a note that it is prepared to carry out the provisions wr the prevention of conflicts between American States which were approved at the Fifth Pan- Ijnerican Conference at Santiago de Chile and accepted both by Paraguay and by Bolivia.” ■ M. Mercada, the Bolivian Minister, accompanied by his family and by the Military Attaché, J|s left the capital for the Argentine. I The Cabinet Council held yesterday discussed the international situation. H It is officially announced that no further incident has occurred. The officer commanding the pison at Bahia Negra states that the situation is unchanged.

Extract from the Min u t e s o f the S ec o n d M e e t in g (P r iv a t e ) of th e F if t y -t h ir d SESSION OF THE COUNCIL, HELD AT LUGANO, ON TUESDAY MORNING, DECEMBER IITH , 1928, and T e le g ra m , d a t e d D e c e m b e r i i t h , from t h e P r e s id e n t of th e Co u n c il to th e OVERNMENTS OF BOLIVIA AND PARAGUAY.

I j 3 e Council considered the situation as it appeared from reports in the Press of December i and decided to request its President to send the following telegram to the two Governments :

e Council of the League of Nations, meeting at Lugano for its fifty-third session, P esses its full conviction that the incidents which have occurred between two Members of th e League of N ations will n o t become more serious. It does not doubt th a t the two St which by signing the Covenant have solemnly pledged themselves to seek by pacific the solution of disputes arising between them, will have recourse to such methods as' be in conformity with their international obligations and would appear, in the ' circumstances, to be the most likely to ensure, together with the maintenance of peace ■ settlement of their dispute. — B r ia n d , Acting President of the Council of the Lea» Nations.”

4. E x t r a c t fr o m t h e M in u t e s o f t h e F o u r t h M e e t in g (P r iv a t e ) o f t h e F ifty-h

S e s s io n o f t h e Co u n c il , h e l d at L u g a n o , on T h u r s d a y m o r n in g , D e c e m b e r 13TH, ig2g

The P r e s id e n t read the following telegrams from M. Alberto Palacios, Bolivian Mini* for Foreign Affairs, and M. Geronimo Zubizarreta, Paraguayan Minister for Foreign Affairs*

(a) Telegram from the Bolivian Government. [Translation.'] “ La Paz, December 12th, 1928 " I have the honour to acknowledge receipt of your communication of yesterday’s da forwarding the unanimous resolution adopted by the Council of the League of Nations wit regard to the dispute that has arisen between two Members of the League. “ I have submitted the contents of this communication to the President of the Repub| and I shall have the honour to reply to you very shortly. — Alberto P alacios, Bolk Minister for Foreign Affairs.”

(b) Telegram from the Paraguayan Government. [Translation.\ “ Asuncion, December 12th, 1928. “ I have the honour to reply to your telegram of yesterday which furnishes proof 0! the lofty spirit of peace governing the deliberations of the Council for whom you are authorise! to speak. My Government has pleasure in informing you that it is animated with the sam spirit and that Paraguay, strong in the justice of her case, will accept and faithfully i her international obligations. For this reason she asked for the summoning of the Commissi® provided for in the Treaty of May 3rd, 1923, and the purpose of which is to avoid conflicts between American States. Bolivia refused to participate in this procedure, which would has established the truth and determined the question of responsibility, basing her refusal on t mere statement of her alleged grievances. Paraguay does not refuse any conciliation procedure for the settlement of her disputes, still less the procedure laid down in Conventions to whid she has given her solemn acceptance. — Geronimo Zubizarreta, Paraguayan Minister k Foreign Affairs.” He added that the Council would perhaps have an opportunity of discussing the question of sending a reply when it had received the communication from the Bolivian Government indicated in the above telegram.

5. T e l e g r a m fr o m t h e B o l iv ia n M in is t e r at P a r is to t h e S e c r e t a r y -G eneral,

[Translation.'] Paris, December 12th, 1928. In the name of the Bolivian Government, I have the honour to send a detailed account oi the antecedents of the conflict between Bolivia and Paraguay with a view to explaining current events. The Bolivian Minister for Foreign Affairs feels it a duty to inform friendly nations c the grave events which the Republic of Paraguay has brought about in the Bolivian Chaco, ait of the position thus created between the advanced lines of the two countries — despite the wishes of the Bolivian people and the Bolivian Government. In accordance with the terms which delimited the jurisdiction of the Audiencia of Charcas, Bolivia maintains and has always maintained that Is territorial rights extend to the banks of the Paraguay river and its junction with the Pilcomayc. In a spirit of conciliation, three treaties were concluded between the two countries, the Quija® Decoud Treaty of October 15th, 1879, the Tamayo-Aceval Treaty of February 16th, M and the Ichazo-Bonitez Treaty of August 3rd, 1894. These agreements, which were new completed, were used by Paraguay as an excuse for the continual assertion of nirt® territorial claims, since each of these agreements increased the territory given » Paraguay, at the same time reducing Bolivia’s rights. This shows the spirit of compron® and pacification animating the Bolivian Government. On January 12th, 1907, the rvm Soler Protocol was concluded, which provided for arbitration and submitted the quesB to the decision of the President of the Argentine Republic. It traced the lines of an arbitralzo® At the same time both countries undertook not to extend their territory as it stood at that u j that is to say in 1907. Several factors, and particularly the resignation of the arbitrator, the Protocol to be a dead-letter, and it was formally annulled by the Ayale-Mujio Agre of April 5th, 1915, which only left in force the clause forbidding any extension 01 territory held before 1907. In spite of her undertaking, Paraguay continued to ad\* steadily in the Chaco, thus constantly arousing Bolivian feeling. The only clause 0 Pinilla-Soler Agreement in force referring to the territorial status quo was thus mere; — 5 —

, by Paraguay. In a friendly spirit, which was unfortunately misconstrued by her bb ur Bolivia "confined herself to protests and friendly overtures until at last the l of ’the Chaco was in the hands of Paraguay. A number of Agreements or Protocols t ined the status quo pending negotiations and until final arbitration proposals should a,n. iianged. These negotiations failed and th e status quo clause lapsed. Thereupon, in Ij 6St0 check this undue Paraguayan advance, Bolivia constructed a few forts, since had no other way of protecting her settlements and territorial rights or defending herself ■ e. . savage tribes. In face of this attitude, Paraguay began to spread false reports about I Ma and accused her of violating the status quo which Paraguay herself had violated in an ■ ^usable manner. She invented the strange argument that the zones which had been fixed 1 0 the purpose of arbitration and which subsequently lost their raison d’être were the territorial | r essions alluded to in the only clause of the Pinilla-Soler Protocol that remained in force. 1 6 means th at Paraguay invoked and claimed possessions which were never hers, but which I was led by growing ambition to assert as her own. It is beyond all doubt that, in its legal I =aning, the term “ possessions ” refers to those which actually existed in 1907 and not to the I limited zones, which include the whole of the Chaco, a district which Paraguay did n o t even Biow and had never explored until 1907. The same spirit of pacification animated Bolivia during fie l o n g discussion which preceded the Gutierrez-Diaz-Leon Protocol of April 22nd, 1927, which I j jown that the two countries should appoint plenipotentiaries to meet at Buenos Aires under I e auspices of the Argentine Government in order to solve this prolonged and difficult dispute. It was intended, and th e preliminaries of this Protocol meant, that a solution of the substance J the question was to be loyally sought for and that direct arrangements were to be made by a l>aty or delimitation of arbitration, the zone being defined by the plenipotentiaries. The Protocol f t not even m ention the clause concerning the territorial status quo. Unfortunately, th e Bolivian Ifreign Office and its plenipotentiaries were astonished to find that Paraguay refused to consider the fundamental aspects of the case, but raised the question of the status quo as a previous I estion. The whole of the early stages of the Buenos Aires Conference was occupied by a sterile I icussion in which the Bolivian plenipotentiaries demonstrated the truth and justice of their l 5e, until the Argentine Foreign Office, realising that the Conference was doomed to failure, put H ward a friendly suggestion to the effect that Paraguay should accept arbitration, that a demili- lise d zone should be proclaimed, that the forts should be withdrawn 50 kilometres, and that I ssessions or advanced positions should not give the High Contracting Parties any right to I -ferential treatm ent by the arbitrator. In view of what had happened, it was perfectly clear I at this suggestion could lead to no agreement and that it would be better to pass on to the stage I arbitration and to conclude a modus vivendi pending arbitration. This modus vivendi was the ^militarisation of the forts prior to asking for fresh instructions from the Governments on the 1 gentinian suggestion. The latter was accepted by Bolivia at the outset, with the sole reservation l i t she could not consent to withdraw her forts but could only agree to demilitarisation. The |to delegations decided to adjourn the Conference for ninety days. On meeting again in May 1 26, Paraguay repeated her tactics of avoiding arbitration and demanded the w'ith- Hawal of the Bolivian frontiers, to which Paraguay gave the name of "demilitarisation”. Bhenever an attempt was made to discuss arbitration, the Paraguayan plenipotentiaries laded the issue and sought to assert their own point of view, namely, the dismantling of the Klivian forts. It was impossible to reach any result on the lines of the Argentine proposal and, I order that the two Foreign Offices might settle the difficulties that had arisen, particularly I [arding the arbitration zone, the meetings were again adjourned. The good offices of the I gentine Government, however, were not rejected and the Bolivian plenipotentiaries declared I at the three points in the Argentine proposal were and would remain the keystone of Bolivia’s I licy. In spite of these negotiations, which suggested that a peaceful and mutually satisfactory I ution was at hand, deplorable events occurred on the 6th of this month, owing to unjustified I :ion by Paraguayan troops — in the area north of the Paraguay river, where Bolivia exercises 1 1 sovereignty. According to th e inform ation received b y th e B olivian G overnm ent, there H 10 doubt at all that the Paraguayan army headquarters have left their official seat at Asuncion ■ à have recently been established at Concepcion, in order, no doubt, to be near to the Paraguayan I ces distributed in the zone under dispute. This circumstance, which was naturally calculated ■ alarm us, did not, however, call forth any military action on our part, since we were convinced H it our dispute with Paraguay, which was the subject of special procedure laid down in the I lerrez~Diaz-Leôn Protocol an d in th e Conferences of B uenos Aires, w ould find a peaceful I llt’on as the result of arbitration, based on certain concrete suggestions. Our surprise was ■ -relore painful when we learnt that this mobilisation of the Paraguayan general staff had had ■ immediate sequel in a sudden and unjustified attack by regular Paraguayan forces against the ■ ivian fort of Vanguardia. The small garrison was taken by surprise and easily overcome by ■ ?enor forces. The latter killed and wounded many, took the remainder prisoners and conducted ■ ;m.° ™e Paraguayan fort of Galpon, after destroying and setting fire to the Bolivian fort. Our K nse M'as’ however, greater still on learning that the Paraguayan Government, after this attack Brm 6 Peace> and when there was every hope of a peaceful solution, had appealed to the lit anen* Commission of Montevideo set up by the Convention of May 3rd, 1923, and had asked ■ tjQa com™ission of enquiry should be established to prevent and avert disputes between American I yth'S procedure is quite incapable of leading to any result. It is impossible to accept II J * f i, fn ePosterous as that an aggressor State should not only commit the act of aggression I rena' j, *nterventi°n of a conciliation tribunal which is intended to prevent disputes and not I iuitedt e^ ec^s afterw ards. The B olivian G overnm ent could not lend itself to a procedure I acked ' ° Se*^e an existing dispute and after she had already been gratuitously and violently I 111 a manner to wound her national sovereignty by an attack on the life and liberty of her which have not yet come into being, when relations are strained or when it is impossible fn respective Foreign Offices to reach an agreement. It is impossible to consider such a proc when forts are in ruins, when lives are being sacrificed and soldiers conducted as prisoners of into the defences of the aggressor. What preventive or investigating tribunal can deal wjtj / \ l r -1-r\ 1 I r-« s-\ t t t r» i ^ /> ir*AP r n A PritmrAi rrr\ t t t r"x 11 v n ■*-» /ii r w tt r T T i-v-t- y-v « „

out by our Government. Moreover, they are merely preventive and aim at settling a matterwh ! was prior to the present events. As has already been stated when explaining the diplom, history of the Chaco question, the latter is at the moment subject to certain special procéda * laid down in the Gutierrez-Diaz-Leôn Protocol, and the procedure governed by the Argent Republic’s offer of its good services. Bolivia is therefore faced with a juridical and diploma/ situation already existing and she could not disregard or run counter to it by submitting herstl to any fresh jurisdiction that had not been ratified by the legislature. In view of these consider- tions, the Bolivian Government has declined the honour of helping to establish the Commission which it considers in the circumstances unsuited to safeguard the sovereignty of Bolivia and ’hh rights which have been brutally violated. Bolivia finds herself under the regrettable necess® of suspending diplomatic relations with the Government of Paraguay until she can obtain reparatioa for this assault and the satisfaction to which she is entitled. Under the pressure of these deplorable circumstances, which are none of her making, Bolivia has been compelled to break with a low tradition of tolerance towards Paraguay. She can no longer continue a policy of conciliation aJ constant sacrifices by continually agreeing to accept mediation, and on some occasions in endure on behalf of peace, illegitimate advances by her neighbour. Unhappily this policy has only encouraged Paraguay to commit bellicose acts which the Bolivian Government now denouncesi friendly nations. — P a t in o , Bolivian Minister in France.

6. E xtract from the Minutes of the Fifth M eeting (Private) of the Fifty-third S essios of the Council, held a t Lugano, on Friday morning, December 14TH, 1928.

The P r e s id e n t reminded the Council of the action which it had taken in regard to the dispute between Bolivia and Paraguay. Since the despatch of the Council’sCouncil's telegram, replies had been received from the Governments of Paraguay and Bolivia. That from the Bolivian Minister for Foreign Affairs indicated ththat at* a had transmitted the Council’s telegram to the President of Bolivia, and that a reply wouldw o u l d be sentsent] to the Council at a later date. That reply had not yet been received. The Council hhad, a d , however, received from the Bolivian Government a communication containing a statement upon the situation.situation, The President assumed that that communication and the Council’s telegram had crossed. The question now before the Council was whether it should not forward to the Bolivian Government the telegram which it had received from Paraguay and which expressed an opinion on certain points, and whether it should not also transmit to .the Paraguayan Government titthel communication received from the Bolivian Government. The President thought that the latter course was advisable in order to clear up the situation. It was a question of simple good fail It would be unfortunate if the Council laid itself open to a charge by either the Bolivian 01or ParaguayanP arag u ay an GovernmentG overnm ent of having hav in g received a telegram from theth e other party p a rty referring to asaisl explaining the situation without giving notice thereof to the other Government. He suggetilsuggests!! therefore, that the Council should authorise the Secretary-General to forward the two document»Idocumental question. The proposal of the President was adopted.

T he Pr e s iid d e n n t t thought that, before dispersing, the Council should consider the proceM to be followed in this matter after the close of the session. Certain communications mightmight*!*1 received which would require an urgent reply. If, therefore, the Council had no objectionobjection1! l!l might examine the matter at the end of its last meeting on the following morning. & ’ I meantime, it might perhaps receive the further communication which the Bolivian Governmental announced its intention of sending. The proposal of the President was adopted.

7. L e t t e r fr o m t h e P a r a g u a y a n C h a r g é d ’a f f a i r e s a t P a r is to t h e S ecretary- ^ 111

[Translation.] Paris, December nth, i92^

I have the honour to notify you, for purposes of information, that on D e cem b er the Bolivian troops having made incursions into the western territory of the Republic of ^ H — 7 —

eauested to withdraw. Instead of acceding to this friendly request, they attacked the tvere 1 „yan troops. A fight ensued, as the result of which the Bolivian troops were repulsed. ^Immediately on learning of this sanguinary incident, the Paraguayan Government, in virtue provisions of the Treaty for the Pacific Settlement of Conflicts between the American States, hich Bolivia and Paraguay are signatories, took steps with a view to the convening of the t° W national Commission of Enquiry provided for in Article 2 of the said Treaty, and with this h ct duly notified the Permanent Commission of Diplomats at Montevideo. Bolivia’s only reply was to hand to the Paraguayan representative at La Paz his passport , t0 refUSe to agree to the proposed procedure. an T r e a t y in question (the Gondra Pact) was registered w i t h the League of Nations on March

3rd, I925 - (Signed) R. Caballero, Paraguayan Chargé d’Affaires, Delegate to the League of Nations.

S Extract from t h e M in u t e s o f t h e S e v e n t h M e e t in g (P r iv a t e ) of t h e F if t y -t h ir d S e s s io n of the Co u n c il , h e l d a t L u g a n o , o n Sa t u r d a y a f t e r n o o n , D e c e m b e r 15TH, 1928.

The P r e s id e n t read the two following telegrams, dated December 14th and December 12th respectively, received from the Governments of Bolivia and Paraguay :

(a) Telegram from the Bolivian Government.

[Translation.] La Paz, December 14th, 1928. “ Have the honour to refer to the resolution forwarded to me by Y our Excellency in which the Council of the League of Nations recommends and hopes that the incidents which have occurred between this country and Paraguay will not become serious and in which Your Excellency also suggests in a lofty spirit of idealism that the parties will continue to act in a peaceful manner in conformity with the obligations entered into by the States signatories of the Covenant. The Council of the League and Your Excellency may rest assured that Bolivia will not depart from the principles and obligations contained in the Covenant of the League. From the report submitted by Bolivia to the League, the Council will be able to ascertain the antecedents of the question at issue with Paraguay and how a violent aggression was committed by that country against the territory and sovereignty of Bolivia, a small garrison being destroyed by greatly superior forces, twenty soldiers and two officers being killed, their dwellings being set on fire and the remainder of the garrison being taken prisoner. Paraguay has entered into obligations with Bolivia to submit her differences to judicial arbitration, to determine the zone of arbitration and to settle their various disputes by peaceful means. Nevertheless, by an inexcusable surprise blow and in contradiction with the stipulations of Articles 10 and 13 of the Covenant of the League, Paraguay has committed an aggression which we solemnly denounce to the Council, confirming our previous denuncia tion, and we declare that Bolivia has no alternative but to demand the satisfaction which is due in such cases and to take military measures of a defensive character to safeguard her security, because, Paraguay having concentrated her forces and advanced her general staff to points very close to the lines of contact of the military posts of the two countries, it is reasonable to suppose that further encounters will take place with which my Government must be prepared to deal. Until the satisfaction due by Paraguay has been given, it does not seem possible to my Government to allay the excitement of public opinion sufficiently to permit the resumption of peaceful negotiations. I have no doubt that the Council in its impartiality will recognise the justice and sincerity of these explanations and will take note of my Government’s declaration of its intention to act on the Council’s recommendations and to observe the stipulations of the Covenant. But Bolivia cannot agree that, under cover of conciliation proceedings, the agreements providing for judicial arbitration on a concrete and definite basis should be invoked in order to settle the substance of the dispute, or that an attempt should be made to evade the obligation to provide the just satisfaction prescribed by international law and practice in such cases. —- Hernando Siles, President of Bolivia; Tomas Manuel E lio , Minister for Foreign Affairs of Bolivia. ”

(b) Telegram from the Paraguayan Government.1 [Translation: Asuncion, December 12th, 1928. I have the honour to reply to your telegram of yesterday, which furnishes proof of the °tty spirit of peace governing the deliberations of the Council for whom you are authorised to speak. My Government has pleasure in informing you that it is animated with the same spirit, and that Paraguay, strong in the justice of her case, will accept and faithfully fulfil er lnternational obligations. For this reason she asked for the summoning of the Commission provided for in the Treaty of May 3rd, 1923, and the purpose of which is to avoid conflicts between - merican States. Bolivia refused to participate in this procedure, which would have established e tiuth and determined the question of responsibility, basing her refusal on the mere state ment of her alleged grievances. Paraguay does not refuse any conciliation procedure for the _ be ement of her disputes, still less the procedure laid down in Conventions to which she has

Reproduced under 4 (6). — 8 —

given her solemn acceptance. — Geronim o Zubizarreta, Paraguayan Minister for V Affairs. ” 'e,S>

After some discussion, the Council unanimously adopted in the following form th e text two telegrams to be despatched to the Governments of Bohvia and Paraguay respectively

(c) Telegram to the Bolivian Government. / " The Council has taken cognisance of the telegram of December 12th from th e Bolivia Minister at Paris, forwarding on behalf of his Government a detailed statement of th e antecs dents of the dispute between Bolivia and Paraguay. The Council has also taken note of f3e telegram of December 14th, signed by the President of Bolivia and the Minister for Forejm Affairs, which contains the following statement : ‘ Your Excellency may rest assured that Bolivia will not depart from the principles and obligations contained in the Covenant of the League ’. The Council has examined with the greatest care the statement of yom Government’s point of view. It was happy to derive therefrom a conviction of Bolivia’s attachment to the principles and obligations of the Covenant. It accordingly hopes that the parties will carefully abstain from any act which might aggravate the situation and render a peaceful settlement more difficult. In concluding to-day, at Lugano, its fifty-third ordinary session, the Council expresses its firm conviction that the obligations of the Covenant will be respected. It recalls that, when a dispute likely to lead to a rupture arises between two States Members of the League of Nations, they cannot, w ith o u t failing in their obligations, and notably those contracted under Article 12, omit to resort by some method or other to one of the procedures of pacific settlement provided for in the Covenant. The Council also thinks it well to draw attention to the fact that the Covenant mentions, among others, ‘ disputes as to the existence of any fact which, if established, would constitute a breach of any international obligations, or as to the extent a n d nature of the reparation to be made for any such breach The Council wishes to emphasise the fact that in its experience it is most important to confine all military measures of a defensive character to those which cannot be regarded as aggressive against the other country, an d which cannot involve the danger of the armed forces coming into contact, as this would lead to an aggravation of the situation, rendering more difficult the efforts at present being made for the maintenance of peace. The Council has charged me, as its President, to fo llo w events with a view to any action that may be necessary, consulting, if need be, my colleagues through the intermediary of the Secretary-General of the League of Nations. I also have th e honour to communicate to you for information the following telegram which I have received from the Paraguayan Government. ”

(Here follows the text of the telegram dated December 12th, 1928, from the Paraguayan Government quoted above.)

(d) Telegram to the Paraguayan Government.

“ The Council has taken cognisance of the letter addressed to it on December nth for its information by the Paraguayan Chargé d’Affaires at Paris, with regard to the dispute which has arisen between the Republic of Paraguay and the Republic of Bolivia. The Council has also taken note of your telegram of December 12th, which ends with the following declaration: ‘ Paraguay does not refuse any conciliation procedure for the settlement of her disputes, still less th e procedure laid dow n in C onventions to w hich she has given her solemn acceptance. The Council has examined with the greatest care the statement of your Government’s point of view. It was happy to derive therefrom a conviction of Paraguay’s attachment to the principles and obligations of the Covenant. It accordingly hopes that the parties will carefully abstain from any act which might aggravate the situation and render a peaceful settlement more difficult. In concluding to-day, at Lugano, its fifty-third ordinary session, the Councu expresses its firm conviction that the obligations of the Covenant will be respected. It redfi that, when a dispute likely to lead to a rupture arises between two States Members of the League of Nations, they cannot, without failing in their obligations, and notably those contracted under Article 12, omit to resort by some method or other to one of the procedure' of pacific settlement provided for in the Covenant. The Council also thinks it well to draw attention to the fact that the Covenant mentions, among others, ‘ disputes as to the existence of any fact which, if established, would constitute a breach of any international obligations,0 as to the extent and nature of the reparation to be made for any such breach ’. The Coun wishes to emphasise the fact that in its experience it is most important to confine military measures of a defensive character to those which cannot be regarded as aggressi against the other country, and which cannot involve the danger of the armed forces corning1® contact, as this would lead to an aggravation of the situation rendering more difficult the etto^ at present being made for the maintenance of peace. The Council has charged me, as - President, to follow events with a view to any action that may be necessary, consu 1 S’ if need be, my colleagues through the intermediary of the Secretary-General of the Leab — 9 —

f N a tio n s . I also have the honour to communicate to you for information the following telegram which I have received from the Bolivian Government. " . /Here follows the text of the telegram dated December 14th, 1928, from the Bolivian Government quoted above.) The Council decided to communicate, by telegram, the text of the various telegrams relating this dispute to the Governments of all States Members of the League of Nations. The Secretary- General was authorised to send copies to the Ministers of the United States of America and of Brazil at B erne and to the Ministers of Costa Rica, Ecuador and Mexico at Paris. The Council instructed its Acting President to follow the course of the dispute between Bolivia and Paraguay, and to keep in touch with the Secretary-General, it being understood that the toting President would convene the Council to meet urgently in extraordinary session if events showed such a course to be desirable.

9. T e l e g r a m d a t e d D e c e m b e r 15TH, 1928, fr o m t h e A c t in g P r e s id e n t o f t h e C o u n c il to t h e M e m b e r s o f t h e L e a g u e .

This telegram transmits, for the information of the Members of the League, the communi cations reproduced in the present document under Nos. 3, 4 (b), 8 (a) and 8 (c) and (d).

10. L etter fr o m t h e B o l iv ia n M in is t e r at P a r is to t h e S e c r e t a r y -G e n e r a l .

Paris, December 14th, 1928. [Translation.] With reference to the information which the Chargé d’Affaires of Paraguay at Paris has sent you, it is my duty to bring to your knowledge the following facts : 1. Bolivia has for many years past been in peaceful occupation of the Vanguardia fort, situated in latitude 19° 35' South and longitude 58° 11' West of Greenwich, where she maintained a weak garrison of twenty-five men. 2. Paraguayan troops in superior numbers attacked this fort by surprise, set fire to it, killed the majority of its occupants and took the survivors prisoner. 3. The geographical situation of this fort is palpable proof, not only that Paraguay’s aggression took place on entirely undisputed territory, but on a territory at a distance of approxi mately eight kilometers from the frontier between Bolivia and Brazil. 4. The Gondra Pact, to which allusion is made, and of which Bolivia and Paraguay arc signatories, has not been ratified by Bolivia and is therefore not binding upon her. 5. Bolivia, in adopting the line of conduct forced on her by circumstances, is in no way rejecting peaceful and conciliatory solutions, but only asks for reparation of the outrages committed, and she cannot consent to her aggressor’s evading its obligation by taking shelter behind the provisions of a Pact more suitable for preventing conflicts than for solving them.

(Signed) Sim on I. P a t in o .

11. Telegram fr o m t h e B o l iv ia n M in is t e r f o r F o r e ig n A f f a ir s to t h e P r e s id e n t

o f t h e Co u n c il .

La Paz, December 15th, 1928. [Translation.] In the communication which I had the honour to make to you on December 14th, I informed you that, as a result of the aggression committed against her by Paraguay, Bolivia had been obliged to take military measures of a defensive character to safeguard her security. Furthermore, owing to the fact that Paraguay was concentrating troops at points very close to the line along which contact at present exists, and that the Paraguayan General Staff has also thought fit to take measures, it was natural to anticipate that fresh conflicts would take place. In view of this possibility, it is my Government’s duty to be prepared. Unfortunately, these apprehensions have now been shown to be justified. According to despatches received from the Chief of the military zone, two new detachments 0 Paraguayan troops prepared an attack against Bolivian forts, which led to fresh engagements ; as a .result, the Paraguayans were repulsed and the Boqueron fort was occupied by our troops. right^8 was constructed recently by Paraguay in an area over which Bolivia has indisputable

,, conformity with its international obligations, my Government has hastened to inform e Council of the League of Nations of this new development, which was the natural sequel 0 he attack directed against us last week. , : aniguay is now clearly responsible for a breach of the most solemn international undertakings ‘ 1 has failed in the duties of all civilised nations for the maintenance of peace. 12. T e l e g r a m fr o m t h e P r e s id e n t o f t h e C o u n c il to t h e B o l iv ia n M in is t e r for F oreiq

A f f a ir s .

Lugano, December 16th, 1928

I have the honour to acknowledge receipt of your telegram of December 15th, which wa of course despatched from La Paz before the receipt of that sent by me to Your Excellency 0 behalf of the Council on the same date. The facts which you report to me show still more clearly the dangers to peace created by the contact between military forces belonging, to the two countries on the frontier, and the urgency to which the Council has drawn your attention, of taking measures to prevent further incidents capable of compromising the success of any peaceful procedure. I venture to emphasise afresh the suggestions which were made to you by the Council on receipt of your Government’s solemn assurances that it would respect the obligations of the Covenant. — Aristide B r i a n d , Acting President of the Council.

13. T e l e g r a m fr o m t h e P r e s id e n t o f t h e C o u n c il to t h e P a r a g u a y a n M inister for

F o r e ig n A f f a ir s .

Lugano, December 16th, 1928.

I have the honour to forward to Your Excellency the following communication which I have received from the Bolivian Government: (Here follows the text of the communication: see No. 11.) The facts reported to me in this telegram, etc. (see No. 12).

A ristide B r ia n d , Acting President of the Council.

14. T e l e g r a m fr o m t h e B o l iv ia n G o v e r n m e n t to t h e P r e s id e n t o f t h e Council.

La Paz, December 17th, 1928.

I have the honour to refer to your telegram of the 16th of this month in which Ycur Excellency, on behalf of the Council, renews his recommendations with a view to avoiding further incidente that might compromise the success of pacific procedure in the dispute between Bolivia and the Republic of Paraguay. My Government, accepting these suggestions, assures Your Excellency that it has ordered the commanders of military posts to refrain from any advance and any attack as far as they are concerned, and to confine themselves to defensive measures. I notify the Council that Paraguay has decreed the mobilisation of the classes from 18 to 28 years. Bolivia is confining herself to the measures of precaution essential to her security. — Tomas Manuel E lio , Bolivia Minister for Foreign Affairs.

15. T e l e g r a m fr o m t h e P a r a g u a y a n G o v e r n m e n t to t h e P r e s id e n t o f t h e Council.

[Translation.] Asuncion, December 17th, 1928.

I have the honour to acknowledge receipt of your telegram of yesterday’s date, forwarding a communication from the Bolivian Foreign Office to the Council of the League of Nations, according to which its anticipations concerning further armed conflicts have proved to be correct and

Paraguayan detachments have attacked the Bolivian forts, the result being that B o l i v i a n f o r c e s have occupied the Paraguayan fort of Boqueron. In the name of my country and of my Government, I protest before the Council against the unheard-of distortion of the truth contained in th e Bolivian Government’s assertions. It was Bolivian troops who, taking us by surprise and without previous declaration of war, thus acting contrary to the practices in use between civilised nations, invaded our territory, attacked our military outposts and bombarded our positions from the air. the Bolivian Government’s fears and anticipations referred to in your communication w ere nothing more than a calculated device under which Bolivia wished to cloak beforehand her deliberate intention of attacking Paraguay so as afterwards to pose before the public opinion of t h e won ■ which detests war, as a victim of aggression on the part of my country. Paraguay, keepujS strictly to her international obligations, asked from the outset that an investigation should b e ma ■ into the facts and has accordingly accepted without objection all the suggestions and m o d es» pacific procedure put before her. A country which acts in this way is not and cannot be * aggressor. Bolivia, on the other hand, rejects any enquiry as if she feared it. This alone sho® on what side is the truth and reveals the aggressor. Bolivia refuses to follow this procedure. - declared in a note addressed to the Permanent Commission at Montevideo, set up in a c c o rd a i with the Gondra Pact, that “ her position was unassailable ” ; she prefers to appear in the ej — II —

the world rebellious to peaceful suggestions rather than to accept formulas of pacification before t ine obtained satisfaction for her alleged wrongs. It is impossible to believe that a State which ks and acts in this way will confine itself to purely defensive measures. Bolivia is taking ^the attitude of an aggressor country, desiring to satisfy its rancour by its own action. My fVernm ent has just accepted the good offices of the Pan-American Conference and its attitude ovides fresh proof of its loyal desire for peace and of the action it has taken with this end in P! Paraguay has done nothing to aggravate the situation or to hinder conciliation proceedings, vie, accordingly I notify Your Excellency of my Government’s intention of submitting to the ç rretariat of the League of Nations a circumstantial report on the incidents which, in spite of . 00d faith and the correctness of its attitude, have taken place. — Geronimo Z u b iz a r r e t a , Paraguayan Minister for Foreign Affairs.

!6. Aide-Memoire handed by M. Briand, Acting President of the Council, to the

C h a r g é s d’affaires of the Argentine and the United States of America.

If, in the next few days, the two Governments do not, in some form or other, accept such mediation as will afford a likelihood of the settling by pacific methods of the request for reparation submitted by the Bolivian Government—thereby excluding the possibility of further hostilities— the Council can hardly avoid holding an extraordinary session. The Council will, in such an eventuality, have to consider what measures should be taken, either because war has broken out—or because it is on the point of breaking out—between two Members of the League, neither of which appears to recognise any common contractual obligation not to resort to war other than that arising under the League Covenant, by which they are both bound. The Council has reason to believe that highly influential efforts are being made in two different quarters with a view to avoiding war and settling the existing difficulties by pacific methods. This is the tren d of the action now being taken by the Argentine Government and by the Pan- American Arbitration Conference, which is at present in session at Washington under the presidency of the United States Secretary of State. The Council has not, however, received any official information from either of these parties. The Argentine Government and the Governments represented at the Pan-American Conference are now fully informed of the action taken by the Council and of the replies received from the Governments of the two countries. The Council thinks it essential, in the interests of peace, that the efforts of all those at present engaged in securing a settlement of this dispute by pacific means should be completely co-ordinated. The President of the Council of the League of Nations, who has been instructed by the Council to follow the development of the dispute, therefore feels that it would be of the greatest importance for the maintenance of peace—the supreme object which all must have in view—that Argentine th e ------Government should inform him what measures could, in its opinion, be United States the most advantageously taken by all who are working to bring about a pacific settlement of the dispute. Paris, December 18th, 1928.

17. T el e g r a m fr o m t h e S e c r e t a r y -G e n e r a l to t h e M e m b e r s o f t h e Co u n c il .

Paris, December 18th, 1928.

M. Briand asks me to inform you that it is not unlikely that he may summon an extraordinary session of the Council towards the end of the week. Definite information regarding this meeting will be telegraphed to you as soon as possible. — D r u m m o n d , Secretary-General.

18. T e l e g r a m fr o m t h e P a r a g u a y a n M in is t e r f o r F o r e ig n A f f a ir s

to t h e S e c r e t a r y -G e n e r a l , r e c e iv e d D e c e m b e r 19TH, 1928.

[Translation.] Asuncion (undated).

I have th e honour to acknowledge receipt of your cable of to-day’s date. It notified me of a fresh communication from the Bolivian Government to the League of Nations. The Paraguayan government frankly admits that it has called up all citizens between the ages of 18 and 29, but this measure, which was provoked by the invasion of our territory by numerous Bolivian troops and by the attack directed against different Paraguayan military posts, was fully justified, and 15 °* a purely defensive character. On one and the same day Bolivian troops made surprise attacks on our forts of Boqueron, Marshal Lopez, Lieutenant Valois Rivarola and General Genes. They ropped bombs on the Paraguayan garrison of Bahia-Negra and other points. During the attack on our forts, the Paraguayan Lieutenant Figari and several soldiers met their death. Before the a tack, the Bolivians concentrated troops at Villa Montes, at the fort of Munoz, and at the port p uares> with full war material and transport. The truth of these facts is easy to establish, revious to the conflict, and on the pretext of applying the penalties of military law against e msurgents, the Bolivian Government sent them in considerable numbers into the Chaco to — 12 — 1

reinforce the garrisons. This same Government has — by misappropriating the proceeds of jts loans —- just devoted considerable sums quite beyond its financial means to its defensive requiIe. ments and to big purchases of war material, which can only be directed against Paraguay. Bolivia has not ordered mobilisation, but has carried it out in practice, with a secrecy which in itself js suspicious. As Bolivia was penetrating into our territory with numerous forces and attacking the forts, at the same time rejecting pacific suggestions and admitting that she preferred to appear before the world as deaf to all appeals for conciliation rather than to bury her rancour, nothin? could be more legitimate than for Paraguay to defend herself. If my Government had n o t done so — without ceasing on that account to explore every possible avenue of concord — it would have incurred a grave responsibility before the nation. The League of Nations may be sure moreover, that Paraguay, adhering firmly to her traditional policy of peace, will not indulge in any act which might hamper or impede that policy and will confine herself to taking th e steps

necessary to safeguarding her legitimate right of self-defence. — Geronimo Z u b i z a r r e t a , Paraguayan Minister for Foreign Affairs.

i<). Telegram from the Bolivian M inister for Foreign Affairs to the Acting

P r e s id e n t o f t h e Co u n c il .

[Translation.] La Paz, December i8th, 1928.

I have the honour to inform Your Excellency that, in accordance with the nobly inspired suggestions of the Council of the League of Nations, the Bolivian Government has now accepted the good offices of the Conciliation and Arbitration Conference at present in session at Washington. Bolivia once more affirms that she maintains her loyal observance of international treaties, and, in accepting th e good offices of th e W ashington Conference, she asks th a t an investigation should first be made into the attack on Fort Vanguardia, independently of the essential question s in the dispute which are submitted to arbitration on concrete and specific points. My Government will not cease to declare and reiterate at every opportunity that Bolivia did not provoke the conflict and has throughout observed with the utmost strictness the rules of international law. — R e sp e c t fully yours. -— Tomas Manuel E li o , Minister for Foreign Affairs.

20. T e l e g r a m fr o m t h e A c t in g P r e s id e n t o f t h e Co u n c il to t h e P a r a g u a y a n Minister for Foreign Affairs, M. G . Zubizarreta.

Paris, December 19th, 1928. I have the honour to communicate to you the following telegram which I have just received from the Bolivian Government (See No. 19). As your Government has already informed me that it has accepted the good offices of the Pan-American Arbitration Conference, the Council, all of whose efforts were directed towards preventing any aggravation of the dispute and facilitating a peaceful settlement by any possible method, cannot but be gratified at the cessation of a conflict between two Members of the League united by common bonds of race and tradition, and at the favourable reception given to the generous initiative of the Pan-American Arbitration Conference. The Council can but trust that the procedure to wdiich the two parties have now agreed will lead to the speediest possible settlement of their dispute and the restoration of a good understanding and of peaceful co-operation between them. — Aristide B r ia n d .

21. T e l e g r a m fr o m t h e A c t in g P r e s id e n t o f t h e Co u n c il to t h e B o l iv ia n M inister for

F o r e ig n A f f a ir s , M. T om as M a n u e l E l io .

Paris, December 19th, 1928. I have the honour to acknowledge the receipt of your telegram of December 18th informing me that in accordance with the Council’s suggestions your Government has now accepted t he good offices offered by the Conciliation and Arbitration Conference at present in session at W ashington. As the Government of Paraguay has informed me that it has also accepted this offer, the Council, all of whose efforts were directed towards preventing any aggravation of the dispute and facilitating a peaceful settlement by any possible method, cannot but be gratified at the cessation of a c o n f l i c t between two Members of the League united by common bonds of race and tradition, and at the favourable reception given to the generous initiative of the Pan-American Arbitration Conference. The Council can but trust that the procedure to which the two parties have now agreed will lead to the speediest possible settlement of their dispute and the restoration of a good understanding and of peaceful co-operation between them. — Aristide B r ia n d . — 13 —

n xklegkam from the Acting President of the Council to the Members of the Council.

Paris, December 19th, 1928.

I have received a telegram from the Bolivian Government informing me that, in accordance with the Council's suggestions, Bolivia has accepted the good offices offered by the Pan-American Arbitration Conference. As Paraguay had already notified the Council of its acceptance of this offer, I h ave sent a telegram to the two Governments on the Council’s behalf, congratulating them on the fact that a peaceful method of settling their dispute, acceptable to both parties, has been found. A t the same time I expressed our sincere trust that the future negotiations will speedily be brought to a completely successful issue. — Aristide B r ia n d .

23, Letter fr o m t h e A c t in g P r e s id e n t of t h e C o u n c il to t h e M e m b e r s of t h e Co u n c il .

Paris, December 21st, 1928. My dear Colleague,

The Council having asked me to keep abreast of developments, I have the honour to inform you of the steps I have thought it advisable to take in order to further the settlement of the dispute between Bolivia and Paraguay. At its Lugano session, the Council reminded the two parties of their obligations under the Covenant, and emphasised that it was their duty to “ have recourse to such methods as would be in conformity with their international obligations and would appear in the present circumstances to be the most likely to secure the maintenance of peace and the settlement of the dispute ”. On December 15th, after expressly calling the attention of the two Governments to the under takings contained in Articles 12 and 13 of the Covenant, and pointing out emphatically that they could not, without failing in their obligations, “ omit to resort b y some method or other to one of the procedures of pacific settlement provided for ” therein, the Council urged that military measures should be confined to “ those which cannot be regarded as aggressive against the other country ”, in order to avoid “ an aggravation of the situation rendering more difficult the efforts being made for the maintenance of peace ”, After the close of the session, I received at Lugano another telegram from the Bolivian Government. I replied by calling the attention of the two Governments to “ the urgency, to which the Council had drawn their attention, of taking measures to prevent further incidents capable of compromising the success of any peaceful procedure ”. On my return to Paris, I received a telegram from the Bolivian Government stating, in reply to my last communication from Lugano, that, " accepting the Council’s suggestions, it had ordered the commanders of military posts to refrain from any advance and any attack, as far as they were concerned, and to confine themselves to defensive measures ”. At the same time, I received a telegram from the Paraguayan Government announcing that it had just accepted the good offices of the Pan-American Arbitration Conference with a view to a peaceful settlement. In these circumstances, which offered some hope that the efforts exerted to maintain peace might fairly soon prove successful, I decided — after consulting the Secretary-General and notifying my colleagues that I might have to summon them to a meeting towards the end of the week —■ to engage in a number of conversations in order to see how a settlement of the conflict might be facilitated. On December 18th, I asked the Bolivian and Paraguayan Ministers, the Argentine Chargé d Affaires (whose Government, it was semi-officially reported, was endeavouring to induce the two parties to accept mediation) and the United States Chargé d’Affaires (whose Government's representative was President of the Pan-American Arbitration Conference) to come and see m ». In the course of my conversations with the Argentine and United States Chargés d’Affaires, I explained the significance of the steps so far taken by the Council, and suggested that, should the crisis be prolonged, we might try to co-ordinate the efforts which were being made from different quarters to preserve peace. I also received the representatives in Paris of the American States Members of the Council. I am happy to be able to inform my colleagues that I shall not need to summon an extra ordinary session to deal with this question. On the morning of the day before yesterday, I received a telegram from Asuncion stating that the calling-up of citizens between the ages of 18 and 29 was a measure “ of a purely defensive character ”, and that "the League of Nations might be sure, moreover, that Paraguay, adhering firmly to her traditional policy of peace, would not indulge in any act that might hamper or impede that policy, and would confine herself to taking j stePS necessary to safeguard her legitimate right of self-defence The Bolivian Government 7° formed me that, “ in accordance with the suggestions of the Council ”, like the Paraguayan overnment, it accepted the good offices of the Pan-American Arbitration Conference. The Council, all of whose efforts were directed towards preventing any aggravation of the lsPute and facilitating a peaceful settlement by any possible method, cannot but be gratified at the Ration of this dangerous conflict between two Members of the League united by common bonds race and tradition, and at the favourable reception given to the generous action of the Pan- - roerican Arbitration Conference. The Council can but trust that the procedure to which the two parties have now agreed will lead to the speediest possible settlement of their dispute and th restoration of a good understanding and of peaceful co-operation between them. I therefore had no doubt that the Council would join me in congratulating the two Govern ments and in expressing our sincere trust that the future negotiations would be brought to completely successful issue. The entire documentation relating to this question will be transmitted to all the Members of the League as soon as possible. (Signed) A ristide B r ia n d , Acting President of the Council of the League of Nation

24. N o t e v e r b a l e fr o m t h e P a r a g u a y a n L e g a t io n in F r a n c e to t h e S e c r e t a r y -Generai

On behalf of its Government, the Paraguayan Legation in France desires to call the attention of the Secretariat of the League of Nations to the bombardment of Paraguayan towns in the centre of the Gran Chaco by Bolivian aircraft without any preliminary declaration of war. Paraguay protests most emphatically against this violation of international law, which governs the relations between civilised States.

Paris, December 17th, 1 9 2 8 .1

A nnex I.

REPLIES FROM THE MEMBERS OF THE LEAGUE TO THE TELEGRAM SENT BY

THE PRESIDENT OF THE COUNCIL FROM LUGANO

ON DECEMBER 15TH, 1928 (see No. 9 above).

1. T e l e g r a m fr o m t h e V e n e z u e l a n G o v e r n m e n t to t h e P r e s id e n t o f th e Council,

[Translations.] Caracas, December 17th, 1928. The Venezuelan Government has noted with interest Your Excellency’s cable informing us of the action taken by the Council to bring about a friendly settlement, in conformity with existing treaties and the Covenant of the League of Nations, of the dispute which has arisen between the Governments of Bolivia and Paraguay. Venezuela, which is bound to the two Republics by treaties and above all by historic ties, will hail with satisfaction the success of the Council’s efforts t hopes that the action undertaken will have the happiest results. — Itriago C h a c in , Venezwlm Minister for Foreign Affairs.

2. T e l e g r a m f r o m t h e N ic a r a g u a n G o v e r n m e n t to t h e P r e s id e n t o f the Council.

[Translation.] M anagua, December 17th, 1928. Taken note of cable regarding measures adopted by Council to settle peacefully dispute between Bolivia and Paraguay in conformity with Covenant. — F o r e ig n A f f a ir s .

3. T e l e g r a m fr o m t h e G o v e r n m e n t o f S iam to t h e P r e s id e n t o f t h e Council.

[Translation.] Bangkok, December 18th, 1928.

His Majesty wishes to thank Your Excellency for your telegram of the 15th instant regarding the conflict between Bolivia and Paraguay and to assure you that His Majesty’s Governmen has noted this carefully. — T r a i d o s , Minister for Foreign Affairs, Siam.

1 This note was not received im the Secretariat until December 22nd. — 15 —

T e l e g r a m from the Government of Colombia to the President of the Council.

TransMion.] BoSotâ- December 18th, 1928.

The Government of Colombia is indebted to Your Excellency for the information regarding I easures w hich the League has taken from the beginning of the dispute to prevent war between

1™ a n d P arag u ay . It is glad to inform Your Excellency that it has approached the Govern- nents of these countries expressing the hope that peace may be maintained on the American •nent Carlos Uribe, Colombian Minister for Foreign Affairs. |oi

T e l e g r a m from the Government of Honduras to the President of the Council.

[Translation.] Tegucigalpa, December 18th, 1928.

Have taken note of the message concerning the Bolivian-Paraguayan conflict. — Auguste Co el lo , Minister for Foreign Affairs. X

6. T e l e g r a m from the Persian Government to the President of the Council.

Translation.} Teheran, December 19th, 1928. I have the honour to acknowledge receipt of your Excellency’s telegram despatched from fugano, and to assure you that Persia will support you in your efforts to appease the conflict I etween Bolivia an d Paraguay. — P a k r e v a n , Head of the Ministry for Foreign Affairs.

7. T elegram fr o m t h e C h in e s e G o v e r n m e n t t o t h e P r e s id e n t o f t h e C o u n c il .

Nanking, December 20th, 1928.

I have taken note of all the communications between the League of Nations and the Govern ments of Bolivia and Paraguay and I express my admiration for the untiring efforts of the League «f Nations to keep abreast of its ideals. — W a n g , Minister for Foreign Affairs.

T e le g ra m from th e G o v e r n m e n t of U r u g u a y to t h e P r e s id e n t o f t h e Co u n c il .

I translation.] Montevideo, December 21st, 1928.

I have the honour to acknowledge receipt of your telegram of December 15th, informing of the communications exchanged between the Council and the Governments of Paraguay I id Bolivia w ith reference to the deplorable incidents which have recently occurred on the frontier I itween the tw o countries. The Uruguayan Government is happy to possess this evidence of the uncil’s valuable action on behalf of peace which brings into prominence the exalted rôle of the gue and th e admirable spirit of co-operation and concord that animates the distinguished embers of its Council, who have so definitely, and by such well-chosen means, upheld the prestige d illuminated the lofty aims of the League of Nations, an institution of which Uruguay has the mour of being a Member. — Rufino T. Dominguez, Minister for Foreign Affairs of Uruguay.

I T eleg ram f r o m the Netherlands Government to the President of the Council.

I ranslahon. | Sgravenhage, December 22nd, 1928.

I I beg to acknowledge receipt of Your Excellency’s telegram of the 15th instant, and to offer I rl h con6'ratulati°ns to the Council, and especially its distinguished President, on their speedy beneficent action in regard to the incidents between Bolivia and Paraguay. At the same ■ fh r fe t0,exPress profound satisfaction that these two Members of the League have conformed | he Council’s recommendations and declared themselves willing to seek a peaceful settlement eir dispute. — Beelaerts, Minister for Foreign Affairs of the Netherlands.

■ Teleg ram f r o m the Government of Guatemala to the President of the Council.

ran Guatemala, December 22nd, 1928.

ta^en n°te of your telegram with reference to the resolution of the Council on the ■via-Paraguay incident. - Sa l a z a r . — i 6 —

i l . T e l e g r a m fr o m t h e B e l g ia n G o v e r n m e n t to t h e P r e s id e n t o f t h e Council [Translation.] Brussels, December 24th, ig2jj I beg to offer, in the name of the Belgian Government, our cordial congratulations on happy outcome of your intervention and that of the Council of the League in the dispute bet* Bolivia and Paraguay. Your efforts have aroused a responsive spirit of moderation in thef States concerned, and have led them to submit their dispute to a procedure of peaceful settlem — H y m a n s . 61

A nnex II.

REPLIES FROM MEMBERS OF THE COUNCIL TO THE TELEGRAM SENT FR0}| PARIS ON DECEMBER ig r a , 1928, BY M. BRIAND, ACTING PRESIDENT, AND REPRODUCED ABOVE UNDER No. 22.

1. T e l e g r a m fr o m M. P r o c o p é , M in is t e r f o r F o r e ig n A f f a ir s o f F in l a n d .

[Translation.] Helsingfors, December 20th, 1928. I beg to acknowledge receipt of your telegram of yesterday’s date concerning the dispute between Paraguay and Bohvia. Please accept my cordial congratulations on the striking succa constituted by the fact that the parties concerned have accepted a peaceful method of settling their dispute, in accordance with the recommendations made to them by Your Excellency do behalf of the Council. —■ P r o c o p é , Minister for Foreign Affairs of Finland.

2. T e l e g r a m fr o m M. V il l e g a s , R epresentative o f Ch il e on t h e C o u n cil.

[Translation.] Rome, December 20th, 1928. I thank Your Excellency for notifying me of Bolivia’s and Paraguay’s acceptance o f th e good offices offered by the Pan-American Conference. I am delighted that your efforts h a v e achieved the result which the Council desired. I am very glad to inform you that my Government, for its part, has co-operated to the utmost of its power in bringing about this happy solution. Please accept my cordial congratulations. — V il l e g a s .

3. L e t t e r fr o m M. Z u m e t a , R epresentative o f V e n e z u e l a on t h e C ouncil.

[Translation.] Paris, December 22nd, 192S. Your Excellency, Your notification that Bolivia, in accordance with the Council’s suggestions and in conformity with the Covenant, has accepted, as has Paraguay, one of the procedures of p a c i f i c settlement provided for in the Covenant, establishes a most encouraging precedent for the maintenante of peace beyond the Atlantic by the harmonious co-ordination of all the efforts exerted is the direction of mediation and arbitration. Once more Your Excellency has rendered a striking service to the great cause of friend? international co-operation by your firm and unshaken determination to maintain peace » concord between the peoples of the world. (Signed) C. Z um eta.