Mr. Washburn to Mr. Seward

No. 85.]

Sir: I have this moment received from Señor Berges, the minister for foreign relations, a long note, in which he reviews the circumstances that led to the war, and endeavors to show that from the first Paraguay has had justice and right on her side. A copy is enclosed herewith.

The President has requested me to say that if this note could he translated and published in the American newspapers it would be a great satisfaction to him, as he believes that if the American people could but know the merits of the case he would be justified in their eyes, and that Paraguay would have their full sympathy in this unhappy war.

The President also informs me that he will immediately send credentials to his minister or charge d’ affaires in Paris, Señor Oandido Bareiro, with instructions to proceed at once to the United States and present himself in the same character to our government. Very probably he will reach Washington soon after you receive this despatch.

Señor Bareiro is a native of Paraguay, and a gentleman of education and talents. He will be able to inform you fully of the origin of the war, and on any other points relating to this country.

I am, most respectfully, your obedient servant,

CHARLES A. WASHBURN.

Hon. William H. Seward, Secretary of State. Washington, D. C.

[Page 722]
[Translation.]

Señor Berges to Mr. Washburn,

Mr. Minister: The undersigned minister, secretary of state in the department of foreign relations, has had the honor to receive and communicate to his excellency the marshal President of the republic, the note which you addressed to me on the 20th instant, informing me that the government of Brazil and its allies, the Argentine Republic and the Oriental State, reject the mediation you offered in the name of the government of the United States, for the laudable purpose of effecting a treaty of peace consistent with the honor and right of the belligerents engaged in the present struggle. His excellency the marshal President of the republic has ordered me to repeat my thanks to the illustrious cabinet at Washington, by your mediation, for the interest manifested in contributing to arrest the sad effects, on this continent, of the bloody war sustained by the republic, the continuation of which will affect not only large interests of neutrals, but is in violation of the principles that constitute the existence of these nationalities which rest on respect of international law now suppressed by the cabinet of San Cristoval, on the Rio de la Plata. He also thanks you for the strong argument with which you repelled the preliminary condition that the marshal President of the republic should abdicate his post and leave the country to consider the question of mediation.

The preservation of those principles acknowledged as indispensable to the unity and progress of the people on the Rio de la Plata has attracted the beneficent influence of the cabinets of London and Paris to declare the independence of the Oriental State of Uruguay, by solemn treaties, when it was in danger from Brazil and threatened by the Argentine government. One would think that after the armed aggression of Brazil and the Argentine Republic which caused England and France to force them to respect the independence of the Oriental Republic in solemn treaties, the ancient pretensions of these neighbors against the sovereignty of Uruguay would disappear forever.

Yet it is painful to confess that, in spite of the guarantee of great powers, the Brazilian government has not refrained from its former attempts to re-annex the Cisplatine province which was made free by force, and erected into a sovereign State, from the urgent necessity there was of establishing a solid guarantee of peace and progress for that State and its neighbors, thus frustrating the constant aims of Brazil to annex it as a province, and the unreasonable attempt of the Argentine government to make it a vice-royalty of Buenos Ayres. As long as the principles of independence in the States of the Plata were respected, peace was never seriously disturbed, although the brands of civil war were constantly lighted between the political parties that have always existed, and the republic of Paraguay has always been free from that trouble ever since its independence.

Years passed and it was reasonable to think that oriental independence would no longer be a cause of international wars, to disturb the nations of the Plata. But that flattering hope was vain. When least expected, the Brazilian government, relying upon its strength, and without pretext, pounced upon a country lacerated by civil war, its resources exhausted by internal struggles, to bring about an international struggle, as unjustifiable as it was unprovoked.

The Brazilian plenipotentiary made very unreasonable demands of the oriental government, and supported them by a squadron in the river and an army on the frontier, ready to spring upon an unfortunate country, already ruined by civil war, which was most likely instigated by Brazilian policy.

It was at this painful crisis that my government deemed it an imperative duty to offer to the cabinet of San Cristoval to act as mediator between the two countries, and to show in a friendly manner the sad effects of that menacing policy, if persisted in, and if war was declared against the already exhausted oriental government. It went further: it declared that if the imperial government continued to occupy the Oriental State by land forces, it would be considered a casus belli, and it would be obliged to consider hostilities as already commenced.

The imperial government paid no attention to these friendly offers, submitted by my government to its due consideration, and scorning our courteous intercession, threw a whole army division upon the territory of a country whose independence it had solemnly recognized by treaty with the Argentine Republic, thus encouraging its rebels against the legal government, while a squadron deliberately bombarded defenceless towns, tinging the waters of the mighty rivers with innocent oriental blood, ensanguining the fertile fields and reducing flourishing cities to utter ruin. Justice, humanity, and international law, the only shield of a weak people against the tyranny and violence of the strong, were grossly violated by the cabinet of San Cristoval, to the disregard of established uses observed by all civilized nations.

The government of Paraguay did not deny Brazil’s right of reclamation upon the oriental government, and if its acts had kept within the limits of the law of nations, Paraguay would certainly not have spoken so boldly in favor of an honorable settlement; but the question was put out of the reach of diplomacy, and facts demonstrated an imminent danger,

I regret to be compelled to say that in the fettered and oppressed condition of the Oriental Republic the acts of the Brazilian government were neither generous nor noble.

[Page 723]

With this explanation of the circumstances, the duty of my government was plain; its mediation rejected, its advice disdained, its last and only resort was to arms, and it appealed to arms as the only way to defend its honor, revindicate its rights trampled upon by a government that scorned to resort to honest means to execute its menacing policy.

There could be no doubt about the success of Brazilian arms, assisted by the rebellion that wanted, like Brazil, to destroy the legal government and create one that would be more docile and subservient to Brazil. By Brazilian aid the rebels triumphed. General Flores, of the Colorado party, was put in power, and Brazil put off its claims till his agent that was forced upon the people could excite a war against Paraguay. The rebellion had certainly demoralized the country, but Brazil wanted more. The liberal democratic institutions of the Oriental Republic did not suit Brazil and they were destroyed. This occurred more than two years ago, and a dictatorship, wanting in every democratic principle, has since prevailed, and it is kept in power by Brazil and the Colorado party.

The Paraguayan government had the power to counteract the Brazilian aid by making use of the Blanco party, then in power; but its political principles, its loyalty and morality, could not allow it. It treated the oriental government as it would treat any lawful nation, but it could not pretend to be an ally and enter into secret enacting treaties; such subterfuge and prevarication my government considers as inconsistent with its principles and its policy, and therefore it did not resort to those means. The government of Paraguay did not consult its interest in the oriental question, nor did it take part in it to get advantages or ask concessions; neither did it pretend to sustain a political party, so as to exact from it present or future advantages, as the imperial government has done.

Paraguay protested against the conduct of Brazil, and defended the legitimate rights of a free people by force of arms, endeavoring to inculcate respect to the institutions and independence of the country constantly liable to revolutions from the unjust protection of neighboring governments, as Brazil and the Argentine Confederation making use of parties beaten in elections, and malcontents who had emigrated for the express purpose of making war on the home government. Such things never happened in Paraguay.

General Flores, aided by Brazil, being successful in his revolution, declared himself dictator of the distracted country, and in obedience to the commands of his master carried war into Paraguay, the only disinterested defender of the true interests of a nation now about to be blotted out from the list of free countries. What excuses can the oriental government offer to the world for rising in arms against the government of Paraguay ? Such are the causes of the present war now waged against the government of Brazil and its ally, the Oriental Republic.

The causes of the war with the Argentine Republic, though similar, are stronger than those I have given.

My communication would be too long if I pretended to mention all the insults offered by the Argentine government to this republic since its emancipation, by every means in its power, regardless of civilized usages.

It cost the Paraguayan government immense sacrifices to force the Argentine Republic to acknowledge it as an independent nation, and the struggle lasted many years. That grand effect was obtained by the firmness and patriotism of a people who overthrew a tyranny that; they might have institutions of their own in harmony with the emergencies of their new political existence.

I am pleased to recall in this note the fact that your great republic was one of the first nations to recognize the independence of Paraguay, and even Brazil hastened not only to acknowledge it, but to confirm it by acts which are now disavowed, namely, a balance of power in the adjoining States to preserve peace on this continent and cause civilization and progress to flourish in its shade.

Paraguay was thankful to Brazil for that good office, and, desirous of strengthening friendly relations, accepted a boundary treaty infringing upon its rights, as it sacrificed an important portion of territory only to preserve a good understanding between the two countries. But when the imperial cabinet came to consider the stipulations of that treaty proposed by itself, and accepted with unselfishness by my government, its pretention to territorial aggrandizement suddenly increased when we thought them fully satisfied. So the treaty was rejected, a treaty in which Paraguay had made immense concessions; and, convinced that Brazil would not be content unless she had more land, the decision of limits was indefinitely postponed. Since then the justice of the cabinet of San Cristoval has been doubted by my government. The friendly relations, however, continued to exist between the two nations, and no disturbance was apprehended. The necessity of a union to break up General Rosa’s dictatorship, which was an obstacle to the progress and stability of the South American States, prompted the Brazilian cabinet to propose a treaty of alliance with Paraguay in 1850, declaring it the only way to preserve peace and quiet in that part of South America, and to preserve the integrity of the States without violation of the law of nations.

That treaty was accepted and signed by my government, but particular circumstances prevented its ratification. Brazil insisted upon a balance of power in the States of the Plata, and demonstrated that the increase of power in the Argentine Republic would become dangerous if not arrested. That was true, for the aim of the Argentine dictator was to destroy the equilibrium that was just established. The republic was certainly disposed to [Page 724] contend for these principles as the only surety of independence, and for that purpose established land and sea forces upon the frontier to awe the dictator of Buenos Ayres into respect, who, fretting because he could not gain his ends by force of arms, changed his policy and made war on commerce by prohibiting the navigation of the Parana and Uruguay to all foreign flags, thus injuring Brazil in its trade to the province of Matto Grosso through the Paraguay. The fall of the governor of. Buenos Ayres produced a favorable change in the Argentine and Brazilian policy. The former acknowledged the independence of Paraguay and opened the rivers to foreign commerce; the countries flourished, and political disputes were forgotten for a time.

In the mean time Paraguay was busy improving its condition, repairing the damages caused by so many years of impeded navigation, cultivating friendly relations with surrounding nations, granting commercial franchises and guarantees, protecting trade and manufactures, till the country began to improve so rapidly it caused the ancient enmity and envy of its neighbors.

The Argentine Republic then began to dispute boundaries, to annoy us unbecomingly in its public papers, and to obstruct commerce by exorbitant tariffs. It sheltered a club of traitors in its capital, protected them and encouraged them in their infamous attempt to cause anarchy in this country.

Counterfeit notes on the public credit were brought from Buenos Ayres into Paraguay, and though this manner of injuring a neighbor was mean, it was protected and used by the Argentine government, and the friendly reclamations made by my government on that account, so far from receiving a satisfactory explanation, were ignominiously evaded with many specious reasons. The Argentine government constantly courted all disputes that might bring on a war with Paraguay, armies invading the republic were supplied at its ports, and the government would not deign to offer satisfactory explanations for the unnatural conduct they were guilty of, in the questions of dispute between Paraguay and other nations. The tolerant policy of Paraguay was to continue in relations of peace and friendship with that troublesome neighbor.

The government of Paraguay could now no longer endure without disgrace the direct attacks of the Argentine Republic, on account of the threatening war with Brazil about the oriental question, for the rebellion had got beyond its limits, and the revolutionists were receiving supplies in the ports of a neutral power, in direct contravention to the law of nations. And yet the Argentine Republic has acknowledged the independence of the Oriental State by solemn treaty. How can such acts be explained ?

And Paraguay, while endeavoring to maintain peace on the river for its own good and that of its neighbors, without violation of any law, was attacked by the Argentine press, while its government was looking on the many ills that were overwhelming the Oriental State, which was soon to be troubled by a foreign invasion. If these assertions were not supported by recent public events, the undersigned would not hesitate to prove them by public documents.

My department was ordered by the President of the republic to ask the Argentine cabinet for information in regard to affairs in the Oriental State, and to inquire what position it intended to take in case the empire of Brazil made war upon it. The answer was not satisfactory, but it was intimated that it would remain a silent spectator of the sanguinary drama that was about to take place.

When Paraguay opened hostilities against Brazil, it continued to act with the greatest courtesy towards the Argentine government, that claimed the Paraguayan territory of the Missions, which it held in possession, and over which it exercised a sovereignty, and desiring to remove all causes of misunderstanding, made known its determination to pass its troops across that part of the territory to attack the Brazilian province of Rio Grande, and asked, permission for the right of unmolested transit, in case it were necessary to cross the Argentine province of Corrientes, promising to respect the authorities, and not to injure the inhabitants; but the Argentine government not only refused the request, but asked why armed forces were sent into the territory, and revived the old question about boundaries.

After being informed why troops were sent into that region, the Argentine government continued to refuse a peaceful transit, because it feared war might take place there, while at the same time it allowed the imperial squadron to frequent all the ports, purchase provisions,and munitions of war, in direct contravention to the duties of neutrality, without apprehension of war in those localities.

My government received that note in its usual moderation, and thinking it insulting to the honor of the nation, and derogatory to its rights, it was submitted to the consideration of the national legislature for the decision of so important a question. Upon a due consideration of it, war was declared against the Argentine government, and this department was ordered to proclaim it, which was done in my note of the 29th March, 1865.

The governments that signed the treaty of alliance on the 1st of May, 1865, relied upon the false assertion that the government of the republic invaded the Brazilian province of Matto Grosso before a previous declaration of war, and forcibly seized the two Argentine war steamers, The 25th May and Gualeguay, then anchored in the road of Corrientes.

To make the truth more evident, I think it well to give the date of events as they occurred.

A notice of the protest of my government, made on the 30th of August, 1864, was served on [Page 725] the Brazilian minister in Asuncion, and answered by this ministry on the 2d of September, declaring that no consideration would cause us to alter our determination. The government of the republic declared, however, that it would wait for hostile acts before enforcing the declaration. The town of Melo was occupied by Brazilian forces on the 16th of October, (it is in the oriental territory,) and in consequence of that act the first Paraguayan expedition started from Asuncion on the 14th of December of the same year to occupy the Brazilian province of Matto Grosso. The declaration of war against the Argentine government by the national congress was made on the 18th of March, and the official notification was served on the 29th of the same month, and the capture of the two Argentine war steamers mentioned, and the occupation of the province of Corrientes began on the 13th of April following.

My government does not yet know what motives induced the dictator of the Oriental State to make war on Paraguay.

This is a brief statement of the powerful motives that impelled the republic of Paraguay to declare war against the empire of Brazil and the Argentine Republic. The marshal President, thinking enough blood has been shed, desires to put an end to the strife, and civilization and humanity induced him to propose to the allied governments at the interview he had with General Mitre, in Yataiticora, to try and put an end to the sanguinary contest, and desist from the impotent conflict in which honor and principles are involved. If they think we are exhausted, or that cowardice prompts us to this move, they are greatly mistaken.

The secret treaty, which was published surreptitiously, is the agreement the allies adduce as an insuperable obstacle to the settlement of this question of arms by diplomacy.

The Pacific republics became alarmed when they heard of that monstrous treaty, and in a protest against it the cabinet of Lima used these memorable words, which I reproduce with satisfaction:

“Nothing is more just and rational than to form an offensive and defensive alliance to war for the reparation of injuries and insults; but when the allies continue it for the sole purpose of destroying one form of government, to be substituted by another, with an entire change of institutions, is to give a different character to war. In that case it is no longer a war for the reparation of denied rights and open insults; it is simply a war of intervention, in which other nations cannot remain mere spectators, particularly when those nations are interested, not only in the preservation of the principles of law common to all of them, but in the balance of power on the continent, and even in their own security.”

And that treaty ironically proclaims the sovereignty and independence of the republic of Paraguay, while it requires its submission to the allies, abolishes its legal government, dis-arms the inhabitants, divides out the lands, establishes a protectorate, and burdens the country with debt. Not yet satisfied, it goes further, and creates a government bound to obey the commands of the allies and assassinate the republic. And they offer this contemptible fact to the government of the republic, when it has resources more than sufficient to defend its rights and privileges as a free and independent nation. And the stipulations of that treaty, which must take place in the improbable case of a complete triumph—that is, after the conquest of the republic by force of arms—contain the terms offered as preliminaries to a treaty of peace.

It would be an insult to your intelligence, Mr. Minister, were I to dwell upon the stipulations of that outrageous and contemptible document, the only one of its kind in the annals of history.

I must now declare to you in the most solemn manner that my government will never accept a single one of the articles of the treaty of alliance as the basis for the discussion of a treaty of peace. Shall the immense sacrifices, the glories that the nation has conquered with the generous blood of its children, the abnegation and destiny of an entire people that defend their rights, and prove their love of liberty, their attachment to their institutions and government, bow down their laureled brow to those who cannot conquer them by force ? No, sir!

The republic is determined to save itself, with its institutions, its government, and its mode of being, or to peri gloriously at the foot of the flag that has loudly proclaimed the liberty of its people, and sustained with ardent enthusiasm its motto of peace and justice. In thus obeying the order of the President of the republic, that you, as an impartial witness in this war, will report to your government the situation of the belligerents, and the firm determination of my government and the people of Paraguay to save themselves by triumph, since the enemy persists in its inhuman effort to prosecute the war with the malignity of demons.

On concluding the present communication, I have the honor to repeat to you, Mr. Minister of the United States, the assurances of my distinguished consideration and esteem.

JOSÉ BERGES.

Mr. Chares A. Washburn, United States Minister Resident in Asuncion.