Smyrna times., 1865-10-25

april Is, 1868 proclaimed by the President Of the
| United States May 10, loG9
| BY THE PRESIDENT OF THE UNITED
| STATES OF AMERICA.
A PROCLAMATION.
WHEREAS a Convention between the United States
of America and the Republic Of Peru for the settle.
ment OF the pending claims OF the citizens of either
country against the other, concluded and signed
by their respective penlpotentiaries at the city of
Lima on the twelfth day of January in the year of
our Lord one thousand eight hundred and sixty three
which Convention, as amended by the contracting
parties, and being in the English and Spanish Ian.
guages, is word for word, as follows:
Convention between the United States of America
and the Republic of Peru for the settlement of the
pending claims OF the citizens OF either country
against the other.
The United States of America and the Republic of
Peru, desiring to settle and adjust a:nicably the
claims which have been made by tine citizens ofeach
country against the government of the other have
agreed TO make arrangements for that purpose by
means OF Convention, and have named as their
pIehipo'cntaries to confer and agree thorcupon as
follows: The President of the United Sttcs, Chris
tophcr Robinson, Envoy Extraordinary and Minister
fenipocntiary OF said States to Peru and the Pres
ldent Of Peru Don Jose Grcgoria Paz Soldan the
Minister of Foreign Relations and President Of the
Council of Ministers, who, after having communica-
ted to each other their respective full powers, found
10 uc In due and proper form, havcagrccd follows:
ARTICLE I.
All claims Of citizens of the United States against
the Government Of Peru, and of citizens of Peru
against the Government of the United States, which
have not been embraced in conventional or diploma
tic agreement between the two governments or their
plcn potentares and statements OF which, soliciting
the InternoslOn Of either government, may, previ-
OusIy to the exchange of the ratiicaons of this con.
vention, have been filed in the Department of State
at Washington, the Department of Foreign Af
Sba bn to n mis-.
sion composed of four members appointe as follows:
Two by the Government Of the United States and
tWc by the Government of Peru. In case of the
death, absence or incapacity Of either commissioner
or III The event OF either commissioner ccaslng to
act, the Government Of the United States, or its En-
voy Extraordinary and Minister Plcnp ltentiary in
Feru, aclng under its direction, or that Of the Re
public OF Peru, shall forthwith proceed to fill the Va
cancy thus occasoncd.
ARTICLE II.
The commissioners named shall Immediately
after their organization, and before proceeding to
any other business, proceed to fifth person to
act as an arbitrator umpire in any Ur cases
in which they may themselves differ in opinion
ARTICLE
The commissioners appointed aforesaid shall
meet in Lima within three months after the cx-
change Of the ratifcations Of this Convention; and
each one OF the commissioners, before proceeding to
any BUSINESS shall take an oath, made aud subscrb-
ed before the most Excellent Supreme Court, that
they will carefully examine and impartialy decide
according to the principles of justice and equity the
principles of international law and treaty stipuIa
tOns, upon all the claims laid before them under the
provisions Of this Convention, and in accordance
with the evidence submitted on the part Of either 70
vernIncnt. similar oath shall he taken and sub
scrbcd by the person selected by the commissioners
IS arbitrator umpire, and said oaths shall be en-
tered upon the record Of the proceedings of said COM
mission.
ARTICLE
The arbitrator or umpire being appointed, the com.
missioners shall, without delay, proceed to examine
and determine the claims specified in tie first artl.
Gle, and shall hear, if required, person in behalf
of each government on each separate claim. Each
government shall furnish at the request of either of
the commissioners the papers in its possession which
may DC important to the Just determination of auv of
| the Claims referred
| ARTICLE v.
| from the decision Of the commissioners there
shaI be no appeai and the agreement Of three Of
thcm shall give full force and effect TO their doc;
sio'' ds wen with respect to the Justice Of their
claims as TO the amount of decentralization that m. -
be adludged to the claimants, and in case the cn
mlssInners cannot agree, the points of difference
shall be referred to the arbitrator or unpire bcGr
| whom the commissioners may be heard, and his de
| cIslon shall be final.
ARTICLE VI.
The decision Of the mixed commission shall be ex
ecutcd without appeal by each of the contracting
parties, and it shall be the duty OF the commissioner
t. report 10 the respective governments the result o
their proceedings; and if the decision of said com
hhsslontrs require the payment of indemnites t
any OF the claimants, the determined by the
Said commissioners shall be paid by the government
against which they awarded within one montl
alter salu government shall have received the report
Oh salu commissioners; and for any delay in the pay
meht o. the sum awarded after the expiration of sale
month"; the sum Of six per cent interest shall he paio
uur'hg SUCH '''he as said delay shall continue.
ARTICLE VII.
For the purpose of facilitating the Iabors of IN,
mixed commission, each government shall apno;nt
secretary to assist in the transaction of their bnsnes
and TO- Keep a record OF their proceedings, and fol
the conduct Of their business said comnssonors
= authorized to make all necessary rules.
ARTICLE VIII.
The decisions Of this commission, or Of the nm
pirc in case of difference between the Commission
ers, shall be final and conclusive, and shall be chr
red into full effect by the two contracting parties
The commission shall terminate its labors in 81,
months from and including the day of its organiza
ton; provided however, if at the time stipulated 70
the termination of said commission, any case o
/, cases should be pending before the umpire and await
ing his decision, it is understood and agreed by tn
two contracting parles that SAID umpire Is author
lied TO proceed and make his decision or award il
such case or cases, and upon his report thereof
each of the two governments, mentioning the amoun
of indemnity, if such shall have been allowed b
him, such award shall be final and conclusive in til
same manner as fit had been made by the coInml'
. sioners under their own agreement; provided tina
snid decision shall be made by said umpire With
thirty days after the final adjournment Of said con
mission, and at the expiration of the said thirty day
tne power and authority hereby granted to said un
plre shall cease.
Il ARTICLE TX.
;! Each government shall pay its own commission
ers end secretary but tile umpire shall be paid,
/ of fLo Halt d.
one half BY the Republic of Peru.
ARTICLEx x.
Inc present Convention shall be ratified and Il
ratIhcatons thereof shall be exchanged in the ter
of four months from the date hereof.
In faith whereof, the reunec,;,. p..;..,..,;.;
have signed the same and affixed their resnec,i
seals.
Il pone in the city OfLiraa this twelfth day of ia