, 1858-12-17
TREATIES.
By he Pre,idrnf Of TIE Unifsd States Of Amsrie
A PROOLAMATION.

By ne Presidrnf Of fhs United States Of america
A PROoLAMATIoN
WHKEEAs a convention, between the United States
Of America and the Republic Of Peru, was concluded
and signed by their respective plenpotentiaries, al
Lima, on the tWentysecond day Of July one thousand
eight hundred and hnyeix; which convention, being
In the Engllsh and spanish languages, is word fol
word, as folloWu;
The United States Of America and the Republic Of
Peru In order 10 render still more Intimate their re-
laiiona Of friendship and good uudorst4pling, and
desiring for the benefit Of their respective commerce
and that Of other nations 70 establish an uniform sys
ten OF maritime legislation IN time OF war, in accord
ance with the present state Of civilization have re-
solved TO declare BY means Of q formal convention
The principles which the two republics acknowledge
6e basis Of the rghts Of neutfas at sea- and which
they recognize and profess permanent and immuta
bic, considering them as the true and indispensable
conditions Of all freedom Of navigation and maritime
commerce and trade.
For this purpose the President Of the United State,
q America has conferred full powers on John Ran
dolph Clay, their envoy extraordinary and minister
plenpoienilary TO the government Of Peru; and the
Lberaior President Of the republic OF Peru has con
-ferred Ike full powers on Don Jose Maria seguin
chief officer Of the Ministry Of Foreign Affairs, 10
charge Of that department, who, after having ex-
changed their said full powers found 70 be in good
snd due form, have agreed upon and concluded the
following articles;
Article /. The two high contracting parties re-
cognize as permanent and immutable the following
principles.
Ist That free ships make free goods-that is to
say, that the effects or merchandise belonging to
power aaton at war or TO It's citizens or subjects
are free from capture and conscation when found on
board Of neutral vessels with the exception Of articles
oontraband OF war.
ID That the property Of neutrals on board Of an
enemys vessel Is not subject to detention or consca
ton unless the same be oontraband Of war; il being
also understood that as far as regards the two con
tracing ses, warke articles, destined for the use
Of either OF them, shall not be considered contra
band Of war.
The two high contracting parties engage to apply
these principles 10 the commerce and navigation Of
all Powers and States as shall consent TO adopt them
as permanent and immutable.
AETIcLE II. II is hereby agreed between the two
high contactng parties that the provisions contained
in article tWentysecond Of the treaty concluded be-
tween them at Lima, on the tWentysxth day Of July
one thousand eight hundred and fftyone are hereby
annned and revoked, in so far as they mgste against
are contrary TO the stpulatious contained in this
convention but nothing in the present convention
shall, in any manner, Affect invalidate the stipaa-
tnns contained in tho other articles Of the said treaty
Of the twentysixth Of July Thousand eight hun
dred and hfyione, witch shall remain in their full
force and effect
ARTICLE III. The two high contracting parties re-
serve 10 themselves 10 come to an ulierior under
standing, as circumstances may require with regard
to the application aud extension 10 be given if there
BE any cause for IT, 10 the principles laid down in the
drat article But they declare, nom this time, that
they will take the sfipulations contained in the said
article as a rule, whenever it shall become question
10 judge Of the rights Of neutrality.
ARTICLE ". II is agreed between the two high
contracting parties that all nations which shall con
sent to aoeede TO the rules Of the first article Of this
by formal declaration stipulatng to OBJ
them shall enjoy the rights resulting from such
accession they shall be enjoyed and observed by the
wopares signing this convention; they shall com
mnneate to each other the result Of the steps which
may be taken on the subject.
ARTICLE V. The present convention shall be aD
proved and ratified by the President OF the United
States Of America, by and with the advice and con
,ent Of the Senate OF said States and by the Pres
lent Of the republic Of Peru with the authorization Of
he legislative body Of Peru, and the ratiacations
hall be exchanged al Washington within eighteen
months from the date Of the signature hereof, or
ooner, II possible.