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This is by itself conclusive evidence, that the Argentine Government had not any right on the Para- guayan Chaco. And such a state of things has remained unchanged until the present time, notwithstanding the occupation now of the said Villa Occidental by Argentine forces ; because this occupa- tion has no other legal character than the one agreed to, in the preliminaries of peace of June 20th, The conclusion to be drawn from all that has been said is, that the territory of El Chaco, from the Bermejo Eiver to Bahia Negra, always was occupied by Paraguay, by virtue of the dominion and authority, which Paraguay has over it ; and that this sovereign power has been exercised, either by the founding thereof those Indian establishments citas bdsm Hermandad de Campo de Suso colonies, named in Spanish reducciones, or by the erecting of fortifica- tions and military posts, within the limits of citas bdsm Hermandad de Campo de Suso same terri- tory both before and after the independence, all of this, as it has been said, without the Argentine Republic liaving ever made any objection, or opposition to it.

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This fiict is by itself, under the circumstances, and besides all other proofs, sufficient evidence that the Republic of Paraguay 39 has an uiiqnestionable right over the territory which the Ar- gentine Eepublic, with neither right nor reason, has attempted to dispute. The Argentine Eepublic has no other title than the treaty of Alliance of ; but this treaty became inopera- tive and obsolete, as far as the designation of limits is con- cerned. So the Government of the Brazihan Empire under- stood, aod so, when the treaty of limits between Paraguay and the said Empire was concluded, the Brazilian Government ad- mitted Paraguay to discuss all questions relative to limits, with- out any distinction, and overlooked entirely the treaty of Al- liance.

The fact that Buenos Ayres was, before the independence, the capital of the Viceroyalty of La Plata Eiver, could not give that City the right, nor the power, to fix the limits of another province, of the same origin, which had proclaimed its inde- pendence, and had asserted its right to govern itself and to be the sole owner of its own destinies. This was the case with the province of Paraguay, which had declared her independence from Spain, and also from Buenos Ayres, and had initiated her life, by being in possession of the whole dominion she used to have when dependent from the Crown of Spain.

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As the territory of El Chaco has never been abandoned by our Governments, eitber before, or after the independence, the pretension of the Argentine Plenipotentiary, to consider it as a vague limit, cannot but be adjudged as destitute of foundation. And the pretension of the Argentine Eepublic, its alleged dominion over that territory, upon the assertion that it was the patrimony of the political community which took the name of United Provinces of the La Plata Eiver, is not less groundless.

The right reserved to Paraguay, by the Alliance itself in the preliminary agreement of peace, was merely a recognition of the principles citas bdsm Hermandad de Campo de Suso International Law, and a logical conclusion from the treaty of the triple Alliance, according to whose words the war was never made against Paraguay, but against the Government of Marshal Lopez.

So it was, that as soon as Marshal Lopez died, the Alliance entered into the preliminaries of peace above mentioned, and exjjressly stipulated that the Eepublic of Paraguay would citas bdsm Hermandad de Campo de Suso - 40 the liberty and the right to propose wliat she might deem best for her, on the matter of limits, and others, but specially, in connection with the territory of El Chaco.

It is therefore in- dubitable that any action of one of. The Argentine Eepublic having not accepted then, even by the way of compromise, the line of the Pilcnmayo Eiver, cannot now preclude the discus- sion about the tract of land betwen the Bermejo and Pilcomayo rivers. The citas bdsm Hermandad de Campo de Suso was not against the Para- guayan people ; and so the provisory Government of the re- public recognized and accepted, in the preliminary agreement of peace, what was called the substance of the said treaty, or in other words that the hostilities meant only opposition to Marshal Lopez.

And as the same agreement contains the circumstance that Paraguay was given the right to propose all the modifications of that treaty, deemed by her to be citas bdsm Hermandad de Campo de Suso, in her own interest, the conclusion is that, the questions on limits remained exactly as they were before the war. Although the reasons already explained fully sujiport the rights of the Eepublic of Paraguay, as claimed.

In either case, the rights of Bolivia are to be reserved.

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The dominions of Paraguay within El Chaco extend as far as the southern portion of the Bermejo river; and if it is citas bdsm Hermandad de Campo de Suso that the King of Spain, by a royal ordinance ofcaused the province of Paraguay to be divided from the provinces of the La Plata river, and gave to the general and collective govern- ment of the latter the City of Concepcion dela BuenaEsperanza, such a decision was citas bdsm Hermandad de Campo de Suso countermanded, and Paraguay re- 41 sumed her former rights, as sliown by lier action in regard to the settlements of Timbo, which subsequently deserved the approval of the King.

It i-s therefore with justice that Paraguay can claim to have jurisdiction on the whole territory this side of the Bermejo river, which came again into her possession after the repeal of the ordinance of The book of Father Bautista, quoted by the Argentine Plenipotentiary, cannot be used as evi- dence, because it refers to the said ordinance before it was amended.

But Paraguay not only founded again the reduccionov colony of Timbo, but continued to establish the others already enume- rated by us. And in view of these facts, and of the uninter- rupted possession by Paraguay of those different settlements within the territory of El Chaco, Ijelonging to her, we have to say that the " Geographical and Historical Memoir " M.

The passage quoted from that memoir is to the effect that " the " boundary of Paraguay by the west is the Paraguay river, since " Paraguay has no citas bdsm Hermandad de Campo de Suso at El Chaco. The ofiicial correspondence which took place in between the Executive Junta of Paraguay and the Executive Junta of the United Provinces of La Plata river, prove nothing against Paraguay in regard to limits.

That correspondence was for the jiurpose to get inforuiation about the central portion of El Chaco, through which some roads and other public works were intended to be made by both nations, which were then in the best harmony.

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But, as nothing could be done without the con- sent of Paraguay, for the reason that a portion of that territory was within her dominions, it was but natural for her to be asked the information above alluded to. And Paraguay, in furnish- ing that information, as requested, neither implicitly nor expli- 6 42 citly recognized auy territorial right of Buenos Ayres. She merely paid homage to the friendly feelings which connected her with a neighboring sister nation, and to her desire to pro- mote the mutual benefit resulting from her intercourse with a people to whom, from the very first days of the independence, she never ceased to give the most conclusive eyidence of her good friendship.

We have carefully examined the aforesaid correspondence, and certainly can say that from no portion of it the conclusion can be drawn that Paraguay did ever make such a recognition, either implicit or explicit, of any right of Buenos Ayres over the Paraguayan Chaco ; and much less that Paraguay declared the said territory not to be a portion of her dominions.

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The Argentine Plenipotentiary, in referring in his " memor- andum " to the administration of Dictator Francia, says that Paraguay at that time only kept guards on the right bank of the Paraguay river, but did not further the population thereof. But this, we claim, even if proved, cannot extinguish our legiti- mate right, since possession was always maintained. The historical description of Paraguay written by Morlas, which also has been mentioned by the Argentine Minister, does not give any light upon this piestion.

The text alluded to reads as follows: Paraguay always maintained, without any interruption within that territory, the several pos- sessions referred to. President Don Carlos Antonio Lopez continued to maintain our sovereignty over the territory of El Chaco, and more spe- cially this side of the left bank of the Bermejo river. He founded the colony of Nueva Burdeos, now Villa Occidental, whose popu- lation increased by the going there of natives of the country and Avhose possession never was abandoned until the time in which, during the war, Marshal Lopez ordered it, as well as other cities, and even the capital itself, to be A-acated.

The Argentine Eepublic never made any objection, during Francia's and Lopez's administrations, to the sovereignty exer- cised by Paraguay over El Gliaco ; nor did it ever produce any title, as it does not do either at the present time, to support its claim to that territory. It confines itself to pretend that it is the only one having right to the dominions which Avere of the King of Spain, and makes efforts to place Paraguay citas bdsm Hermandad de Campo de Suso the con- dition of a spurious issue, having not any of the rights success- fully iuA'oked by the other nations of the same origin, upon which they acquired and possess at present the same territory as belonged to them under the Spanish rule.

The several arguments, all of them worthless, Avhich have been presented in that respect, are fully at variance both Avith the principles of international laAv and Avith the amity and good Avill Avhich ought to be preserved among nations AA'hich are sis- ters by their origin, and whose neighborhood deserves every kind of international guarantee to be afforded between themseWes. Both in the question about the Misiones Territory and in the present one, Ave are told that the limits of Paraguay Avere settled by the Argentine Congress, and that Paraguay did not 44 take part in the independence, and cannot be considered as a successor of the Spanish monarch.


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Neither of the two assertions is correct ; and if true, neither of them would afford strong foundation to the argument we are refuting. If the action taken by the Congress of the United Provinces of La Plata river ought to have prevailed, then the Argentine Grovernment was wrong in remaining for more than half a century Avithout exercising the right given to it.

And if Paraguay, for having taken no part in the independence, were to be excluded from succeeding the Spanish crown as to the right of dominion over the whole territory formerly belonging to her, then not even the city of La Asuncion could be rightly considered as belonging to the Eepublic. But it is time ent ugli to finish with these hypotheses which have compelled us to extend our argument, and then let us pro- ceed to consider the matter under the standpoint of legality. The Republic of Paraguay cannot be blamed by the Argentine Eepublic. The blame belongs to the Govern- ment which Buenos Ayres had at that time.

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The Executive Junta of Buenos Ayres did not deal with Paraguay, at the time of the agitation for the independence, with the sincerity which it ought to ; and Paraguay, who, like other peoples, had opened her eyes, did not feel disposed to ex- change one yoke for another. This we say upon good grounds.


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The Government of Buenos Ayres, at that time, wanted, under the color of liberty, to main- tain Paraguay in subjection ; and Paraguay did not consent to it, since she had the same right as Buenos Ayres to be free and in- dependent, and to belong to herself, and to be ruled according to the sovereign will of her own people. A proof of this assertion shall be found in the following pas- sage of the note that General Belgraho addressed to the Govern- ment of Buenos Ayres after his defeat at Paraguari.

It reads as follows: May God preserve you many years. Paraguay, knowing the trap laid for her, addressed, through her own Government to the Government of Buenos Ayres, on the 20th day of Citas bdsm Hermandad de Campo de Suso,the note from which we take the following: If anybody thinks that her intention has been to place herself at the disposal of others, and make her fate dependent upon the will which is not her own, citas bdsm Hermandad de Campo de Suso shall be mistaken.

Otherwise noth- ing would have been obtained by her, and her sacrifices would merely result in exchanging the old chains for new ones, and the former master for another one. JS'either your Excellency nor any just and equitable observer will find strange that under the circumstances now surrounding the national afl: Nothing of this means any suspicion that your Ex- cellency be capable to shelter in his heart any intention wrong, unjust, or at variance with equity; and far from that, this Junta, which, on the other hand, does nothing but defend the 46 liberty and the right of the province, flatters itself that yonr Excellency will applaud the noble feelings above alluded to, and will recognize what is to be expected in the Interest of our com- mon cause — of a people who speak with such a frankness and magnanimity.

Another passage of the said note reads as follows: Some other notes could be referred to in this point to prove that the Republic of Paraguay cannot be deemed guilty of indif- ference at that critical period of the independence ; but they were quoted when the question about the Misiones Territory was discussed, and their repetition here seems to be unnecessary. Let us now pass, since it has been proved that there is no rea- son to deprive Paraguay of the rights which all other States, in their own cases, secured for themselves to close our argument by making a concise statement of the reasons alleged to ignore our possession of El Chaco, and of the answers by which they are refuted.

That the military posts were permanent, as shown by the existence of Fort Olimpo, Fort Orange and others, which always had the proper garrison. And as to the point of the fifty leagues, if such an argument could be of any use, we might retort it by saying that the Argentine Republic, which never has occupied even a square yard north the Ber- mejo river, and has, therefore, less riglit than Paraguay, pre- tends, nevertheless, not to admit any discussion in regard to the whole tract betvreen the Bermejo and the Pilcomayo rivers.

We think that our right over the territory of El Chaco has been sufficiently proved.


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We have showed it by means both of legal titles and by the fact of our uninterrupted possession of the same territory. That possession has cost Paraguay and her people considerable sacrifice of money and other kind, and its continuity and efficiency appear, as we have shown, from our keeping there the military forces with which we have checked the hostile action of the heathen inhabitantsof the interior por- tion of it, and from the foundation by us, within its limits citas bdsm Hermandad de Campo de Suso several reclucciones, or Indian colonies, to convert those savages to Christian life and civilization.

It is therefore impossible for Paraguay to give up entirely her sovereignty upon the territory this side of tlie left hand of the Bermejo river, and accept either that no discussion can be opened in regard to the tract of land between these two rivers named Bermejo and Pilcomayo, or to consent that the jiortion of that territory north of Pilcomayo river is the only one which can be submitted to arbitration. It is a public historical fact that as f?. Its evacuation by Paraguay was an act of war ; as an act of war was also its occupation by the Argentine forces.

This occupation still continues in the same way as the allied forces still remain within the territory of the Republic, and this is the reason why the Paraguayan Government has not yet been able to reorganize that city. Paraguay has no objection to a settlement of these questions either by arbitration, if it embraces the whole territory between the left bank of the Bermejo river and Bahia Negra, or by a compromise if the Pilcomayo river is agreed to as the dividing line between the two countries, the rights of Bolivia being re- served in either case.

Nothing short of these two propositions, which are the only ones in keeping with the mutual interests of both republics, can ] e favorably looked at Ijy Paraguay. Either of the two methods of settlement rests upon the basis of the continued possession and of the legal titles, above spoken of; and if the Republic of Paraguay did not produce those titles during the course of the negotiation, it was not because she had not them in her possession, nor because she had any desire to conceal them, but merely because, from the very beginning of the discussion it was agreed not to exhibit any papers, because the Argentine Plenipotentiary himself suggested to avoid judi- cial forms, and recommended this question of limits to be ad- justed merely in an amicable and friendly way.

The question of limits as to the Misiones Territory is now dependent upon the protocol of the 7th of May ultimo, because, if the provisions of said protocol are not carried into effect by a final treaty, Paraguay shall maintain her just and sovereign rights upon the left bank of the Parana river. The right of possession which Paraguay has as to the Atajo or Cerrito Island, as acknowledged by one of the allied Governments, cannot be modified without previously adjusting the question of El Chaco.

The question of El Chaco is to be adjusted either by arbitration, if the territory subjected to it is the one between the Bermejo river and Bahia Negra bay ; or by a compromise, if the line of the Pilcomayo river is the boundary accepted as final. The Argentine Government definitely renounces all pretentions or right to the first section.

The two high contracting parties agree to elect his Excellency, the President of the United States of America, as umpire to decide as to the right to possess the second section of the territory referred to in the preceding article. Dario gangrenes demandable, fictitiously overvaluing.

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