José Maria da Silva Paranhos to Watson Webb, August 5, 1868

Senhor Paranhos to Mr. Webb.

The undersigned, councillor to his Imperial Majesty, and his minister and secretary of state for foreign affairs, has the honor of addressing himself to General James Watson Webb, envoy extraordinary and minister plenipotentiary for the United States.

The object of the present note is to reply to that of the 13th ultimo, which was received by the predecessor of the undersigned, relative to the passing of the steamer Wasp through the lines of the rigorous blockade of the allies, in the waters of the Paraguay River, for the purpose of bringing away from the enemy’s territory Mr. Charles A. Washburn, minister resident for the United States near the republic of Paraguay.

The undersigned, having had the honor of conferring with General Webb on the 1st and 4th instant, will defer the considering of each of the propositions of the note referred to.

The undersigned holds himself excused from that duty, as he feels assured that they do not contain the slightest idea of a rupture of the friendship and customary deference with which the government of the Union has ever responded to that of his Majesty the Emperor; and also because he at the same time acknowledged that it is of urgent importance that the understanding should be arrived at which is desired by both parties, with regard to the passing of Mr. Washburn through the territory occupied by the allied forces.

The imperial government is grieved at perceiving that, either because the propositions submitted by the Marquis de Caxias were not understood as they were meant to be, or that owing to the illness of Mr. Washburn’s wife, the egress of that gentleman and his family should have been delayed until the present time. The undersigned is confident, however, that General Webb is also profoundly convinced that on the part of Brazil there does and always has existed a most sincere desire to maintain and tighten the most friendly relations with the government at Washington; and therefore that it never has been wanting either in courtesy or consideration towards its representatives.

General Webb knows that the passing of the diplomatic agent of the United States through the territory which the allies occupy in the waters and on the banks of the river Paraguay was not denied to him, they having, nevertheless, the full and undeniable right of jurisdiction therein, according to the right of nations. The question has rested upon the way or manner of passing between the war lines of the allies without weakening their moral force, or injuring the activity of their operations, or giving rise to questions with other neutral powers.

Now, as in 1866, when the passing up the river of Mr. Washburn was under consideration, the allied governments and their representatives at the seat of war had not, nor have they, anything in view other than the conciliating of the interests and necessities of the belligerents with the duties of courtesy and friendship which they are only too happy to observe towards so neutral and friendly a power as that of the United States.

The Marquis de Caxias, in his character of general commander-in-chief of the allied forces, did not hesitate, on the reception of the dispatch from the commander of the Wasp, to point out and help to execute two sure methods for the speedy return of the United States minister who is in the enemy’s country. Unfortunately, however, those methods it seems were not deemed admissible, for it was declared to us that both were impossible; notwithstanding, the undersigned begs leave to explain en passant, perceiving that they evidently were not duly appreciated.

The distance by land from Tayi to Curupaiti is little more than five leagues, which would have been gone over by Mr. Washburn in a carrriage and other conveniences which the Brazilian general would have had much pleasure in placing at the disposition of the United States minister, his family, and suite. Only through ignorance of the conditions or circumstances of that journey could it have been compared, as it was, to the offensive offer made by President Lopez in 1864, after his declaration of war, to the Brazilian minister at Asuncion, Mr. Viana de Lima.

The government of Paraguay, during profound peace, commenced hostilities by surprising and capturing the Marquis de Olinda and the imprisonment of all her passengers, among whom was the president of the province of Matto Grosso. It was under such circumstances that he wished the Brazilian minister to retire by land to the Passo da Patria—that is, that Mr. Viana de Lima and his family should travel over fifty leagues, through the middle of an enemy’s territory, without any guarantee as to the means of conveyance or indispensable help during so long a route, besides not having the slightest protection for their personal security.

The journey of Mr. Washburn from Tayi to Curupaiti would have been effected under far different circumstances, and in another way, much more speedy, honorable, commodious, and safe. Mr. Washburn would have passed through as a neutral friend, whereas in the case of the Brazilian minister at Asuncion he would have been unavoidably detained or delayed on his passage through the interior of a country whose government had most unexpectedly declared war against the empire, initiating it by those acts of most unjustifiable surprise and violence.

The second method suggested by the general commander-in-chief of the allied forces— that is, the passage of Mr. Washburn in a Brazilian vessel to Curupaiti—evinces deference towards the diplomatic agent of the United States, and cannot be otherwise considered without gravely impugning the intentions of the Marquis de Caxias, and manifesting ignorance of the true position of the belligerents.

The Brazilian division of six iron-clads, which forced the passage of Humaita in February of this year, has already been at Asuncion, and has cruised beyond Tebicuari more than once, round about Humaita, and on the opposite side called the Chaco, or right bank of the Paraguay.

General Webb declares that he cannot, in view of the instructions from his government, enter into an examination of the question of right involved in the passing of Mr. Washburn through the allies’ lines of blockade, attack, and defence; and the undersigned admits also, on his side, that he should abstain from discussing the matter, since it was not the denying of a passage through to that diplomatic agent which is being treated of, but the reconciling of it with the inevitable necessities of the war to which the allies were provoked, and which they are using every effort to terminate in the speediest, most just and honorable manner.

The imperial government cannot, nor would it wish to proceed in an affair which, like this, is of grave importance to the alliance, without previously consulting with its allies; and the undersigned would therefore insist that the present emergency be definitely decided upon at the river Plata, or here, after communications shall have been received from both the Argentine and Oriental governments, if there were not on the one side the consideration that there is no one there to represent the United States, and, on the other, that the Senhor Juan E. Torrent, envoy extraordinary and minister plenipotentiary for the Argentine Republic near this court, manifests the same friendly and deferential disposition towards the United States that he does.

In pursuance to an agreement with Mr. Torrent, and in the hope that that agreement will be approved of and duly appreciated by the allied governments at the river Plata, the undersigned proceeds to propose to General Webb a solution of the question, which cannot fail to be considered as satisfactory, as well by the government of the United States as by its representative accredited near his Majesty the Emperor.

Mr. Washburn thought it impossible that President Lopez would consent to the passing of a Brazilian steamer under a flag of truce, for the inoffensive purpose of aiding him to retire, as mentioned before. Well, then, the government of his Majesty, in its own name and in those of its allies, will most willingly accede to the descent from Asuncion of the United States minister, on board of a Paraguayan vessel, under a flag of truce, to Curupaiti, or to the most advanced post of the allies, the Wasp to go up to that point, wherever it may be, and there to receive on board the diplomatic agent of his country.

Apparently the material difficulty pointed out by Mr. Washburn will be thus removed; there will be complete reciprocity of the just and friendly propositions which are advanced on both sides; in a word, the rights and supreme necessities of the belligerents will he in harmony with the passing and returning of the representative of the United States.

But the imperial government and its allies will carry their deference to the United States beyond that. If its representatives near this court and at the republic of Paraguay hold that they should not accept either of these methods, or that the return of Mr. Washburn can be only effected safely and conveniently by the Wasp’s going to receive him at his place of embarkation, then the allies will agree that a United States vessel of war shall proceed to that point for that purpose, that vessel being subject only to such trifling delay as may arise from the active execution of any military operation which may transpire at the time; the allies being well assured that the assertions of General Webb (which they never have doubted) with regard to the observance of the duties of a strict neutrality on the part of the vessel and of the representative of the Union shall most rigorously be carried out.

The undersigned hopes that this resolution taken by the imperial government, in combination with the representative of the Argentine Republic near this court, will be benevolently admitted by its allies at the liver Plata, and that it will be apparent to General Webb and Mr. Washburn, and to their government, that this is a further proof of the cordiality with which the said allies profess the most friendly sentiments toward the United States government.

The undersigned avails himself of this oportunity to renew to General Webb the assurances of his high consideration.