Delaware State journal and statesman., 1865-02-24

: VI Nhllut HVlulitiY tub lnhtIpoHlAANh
VI either government, may, previously to the
exchange OF tho raifoatous OF this convention,
have been lled In the Department of State al
Washington or the Department Of Foreign AT
iairs OF Lima, shall be referred 10 a mxed con-
mission composed Of four members, appOlntGf
as follows; rg1 by the Uoyerumen. OF tho Uni.
ted states and two by tie Qoyernmant Of Peru
10 case oi tie death, absence Or ineapaciiy {
eiihrr commissioner, or In the event " eithe,
commissioner ccasing to not, the dogernneut q
tho uaited States, or Its Enyoy Extraordinary
and Minister rlen'Po'sntay IN Porn, act
Ing under lts direction. or that OF tie Republic
OF Peru. shall ioIthwith proceed 10 fll tie ga
caDcy th0i occlsionet.
AnficLl il
The commissioners go named shall INN sdate.
ly after their organisation and before proceed
Ing 10 any nther business, proceed to name u
huh peraon to act aA an Arbitrator or umpire In
any case or cases in which they may themselves
differ 10 opinion.
ARTICLE iii.
Tie Ooiumisaloneis Apponted as aforesaid
shall meet in Lima within three mouths after
the exchange Of tho rathoations OF this COnyen-
tion; aud each one Of tho commissioners. before
proceeding 10 ANY business. shall take an oath,
made aud subscribed before the most Excellent
Supreme Court, that they will oarefully examine
| und impnrtially decide, according to the princi-
ples Of Justice and equity, the principles Of In
ternationnl law aud treaty allpulAtions, upon
all claims laid before them under the provisions
| OF this Convention, aud in accordance with the
| evidence aubmlttod on the part Of either govern
ment. A similar oath shall hs taken and sub
scrbed by the person selected by the commits
aloners az arbitrator or umpire, aud said oaths
shall be entered upon the record Of the proceed
ings Of said commission.
ARTICLE w.
The arbitrator or umpire being appointed. the
commissioners shall, without delay, proceed 10
examine and determine the CLAIMS specified In
this first article, and shall hear, If required, one
person in behalf Of each government on each
separate claim. Each government shall furnish
OF the requegt Of either Of the commissioners,
the papers in its possession which may be i'm
portant to the just determination Of any Of the
claims referred
ARTICLE v.
From the decision of the commissioners there
shall be no appeal end the agreement Of three
Of them shall give full force and effect to their
decisions, as well with respect to the Justice Of
their claims as to the amount OF Naturalization
that may be adjudged to the claimants, and in
case the commissioners cannot agree, the points
VI bndil NC IeltIItu 10 lne htplNhAVE
or umpire, before whom the commissioners may
be heard, and his decision shall be final.
ARTICLE VI.
The decision of the mixed commission shall bs
executed without appeal by each Of the con
tractiug parties, and it shall he the duty Of the
commissioners to report to the respective gov
ernments the result OF their proceedings; and II
tue decision OF said commissioners require the
payment of indemnitles to any Of the claimants,
the sums determined by the said commissioners
shall bs paid by the government against Hhloh
they are awarded Within one month after said
government shall have received the report of
said commissioner; and for any delay 10 the pay
ment Of the sum awarded after the expiration OF
said month, the sum OF six per cent. interest
sball be paid during such time as said delay shall
continue,
ARTICLE VII
For the purpose Of facilitating the lsbors of
the mixed commission, each government shall
appoint secretary to assist In the transaction
OF thoir business and to keep a record Of their
proceedings, and for the conduct Of their busl-
nesa said commissioners are AUTHORISED to make
all necessary Tules,
ARTICLE viii
The decisions Of this oomnlasion Of Or the
umpire iu case If q difference between the COM
misaioDers, shull be fnal and conclusive, and
snail be carried iGto full effect by the Two con.
uscung parties Tho commission shall termi-
late lis lnbors in six months from aOd including
tao day Of lis organization; provided, however,
il at the lime stipulated for the termination Of
snid commission, any oase or casea should be
pending before the umpire and awaiting his de.
Csion, 1t 10 understood and agreed by the two /
contracting parties, that said umpire is Rutho- !
rlzsd 10 proceed and make his decision or award |
in suoh case or cases. and upon his report there
oil to each Of the two governments, mentioning !
be amount Of indemnity, II suoh shall have been
allowed ty him, such NV ,rd shall be hnal and |
o9potusiv5 10 tue same manner as II 1t had been |
made by the comm ssionsrs under theT own |
agreemeuti provided that said decision ahall be |
made by sald umpire within thirty days after |
the hna adjournment Of said oommlss on, and |
At the expiration of the said thirty days, the |
plwer and authority hereby granted to said |
umpire shall cease,
ARTICLE IL.
Each government shall pay iIs own commits |
sioners aud secretary, but the umpire shall be
paid, one half by the Government Of the United |
States and one half by the Republic Of Pera.
ARTICLE \. \
The present Convention shall be ratified and |
the notifications thereof shall be exchanged In
the term Of four months from the date hereof.
In faith whereof, the respective Plenipoten-
taries have signed the same and affixed their
respective seals
Done in the city OF Lima this twelfth day Of
January, in the year of our Lord one thousand
eight hundred and sixty three
CHRhToPHEh Robinson, L. 81
JOSE g. PAR SoLDAN, L. 81
and whereas the said Convention as amended,
has been duly ratified on both parts, and the
respective Publications of the same were ex-
changed at the city Of Lima'on the eighteenth
day OF April last.
Now. therefore, be it known that !, ABRAHAM
LINCOLN, President OF the United States Of Amer
lea, have causen the said Convention to he made
public, TO the end that the same and every clause
and article thereof may be observed and fulfilled
with good faith BY the United States and the
citizens thereof.
In witness whereof, / have hereunto set my
hand and caused the seal Of the United States TO
be affixed.
Done at the city Of Washington, this nine
teenth day Of May, in the year Of our |
Lord one thousand eight hundred and |
f.. 3. sixty three, and of the Independence of |
the United States Of America the eighty |
seventh.
ABRAHAM LINCOLN.