Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-07-22
OFFICIAL.
By The President Of he United States Of 4reri,a.
A PROCLAMATION.

states OF America and the Republic OF Peru,
providing for the adjustment of claims OF citi.
zens of either country against the other, was
concluded and signed by their respective plen.
ipoteniaries at the city of Lima, on the fourth
cay OF ID, cenber, in the year of our Lord one
thousand eight haudred ana sixty eight, which
convention, being 10 the Eaglish and Spanish
lIngusges, is word fJr word as follows:
Whereas claims may have, a. various times
since the sigs stre of the decisions " the mixed
commissions which III 4 In Ii ma in July, 1853,
been made on Inc government OF the United
States OF America, by the citizens of Peru, and
have been made by ciflZeDs of the United
: { ties ofAmeriI on the government 0fPeru;and
whereas some Of sucn Claims are stIll pending,
the Preside Mt OF the United Sta;es OF America
aud the President OF Peru, beng OF opinion
that speedy and equitable settlement of all
such claims will contribute ~ ach to the msin-
te 'aEoe OF the friendly f. e.. .ings which subsist
between the TWO countries, have resolved to
mare arrangements for mat purpose BY means
of q convection. and have named as their
pleBipotentiaries TO confer and agree there
upon. thatis to say:
The President OF the United Safes names
Alvin L. Hovey, envoy extraordinary aud
mi ALTER plenipolen,iary OF the United State,
Of America near the government OF Perm, and
the President of Peru names his excelIsncy
Doctor Don Iosr Antonio Barreneche1 minis
e, OF fore'gn affairs OF Peru, VIII ,. after having
communicated 10 each other their respective
fal powers. found in god aui true form,
have agreed as follows:
AETICLEI.
The high conractIBg parties agree that all
claims on he part or eorporau ons, companies,
or Private indi diyiGuals, cItiZe of the United
: ates, upon the government OF Peru. and all
claims on the part OF corporations, companies,
or pIIIate iDdl yIduals, citIZsns of Peru, upon
the government Of the Uuitei States, which
msy have been presented to either government
for Its inerpoSIion since the sittings Of the said
mIAsd commission, aLd which remain vet un-
settled. as well as any other claims which NAV
b presented within the tine specified ia Article
Ill hereinafter, shall be referred to the two
I vi IN haI kaa ntnA
following manner, that is 70 say; One com.
missioner shall be named by the Presid ant OF
the United States. and one by the President Of
, Peru. In case OF the death, absence, or inca.
Iacity Of either commission or in the event of
either commissioner committing or cea sing 10 act
as sDea, the President Of the United States or
the President OF Peru, respecti vely shall forth.
with pame another person To act as commis-
sioI er iu the place or stead ofthe commissioner
already named. The commissioners so named
shall meet at Lima at tnrlr earliest convenience
after they have been respectively named not
o exceed three months from the ratif cation of
this convention, and shall. before proceeding
TO any business, make and subscrIoe n solemn
dee larallon that they viii lmpartitlly and
carefully examine and decide to the best O.
rheiI judgment, and according TO justice and
equity, without lear, favor, or affection to their
own country, upon all such claims as shall be
Ind before them on the part OF the governments
81 the UnIed States and Peru, respectively,
and such declarations shall be entered on the
record OF the commission.
The commissioners shall then, and before
4
| person OF some third nation to ac, as an arbi.
traitor or umpire IN any case or cases on which
/ tn may themselves differ in opinion. Ii thew
should not be able 10 agree upon the name Of
| such third person, they shall each name a
person OF a third nation, and in each and every
case in which the commissioners may differ in
opinion as to the decision which they ought to
give, u shall be determi med by To- which of the
TWO persons so named shall De the arbitrator or
umpire in that particular case. Tie pars On or
| persons so TO be ehos' n ID be arbitrator or
umpire shall, before proceeding 20 act as such
! IN any case. make and subscribe solemn dec a
| raiOn III form similar TO that which snail
have already been made and subscribed by tn
comn iss'oners. which shall be entered upon
| the records of their proceedings. In the event
| OF the death, absence, or incapacity OF such
person or persons, or OF his or their emitting
declining, ceasing to act as su ch arbitraor
or umpire, another aud different person shall
be named as aforesaid TO act as such arbitrator
or uM pire in the place and stead OF the persJp
| so originally named as aforesaid, and shall
make and subscribe such declaration as afore.
said.
ARTICLE IL.
The commissioners shall then forthwith pro.
csed 10 the investigation of the claims which
shall be presented TO their notice. They shall
investigate and decide upon such CLAIMS In
such order and in such manner as they may
cODJointly think proper. but upon such evidence
or information as shall De furnished by or on
behalf OF her respective governments. They
shall be bound 10 receive ana peruse all written
docuRents or statements which may be pre-
sented to them by or on behalf Of their respec.
TO any CLAIM, and to hear, If required, one per
son on each side on behalf of each government
as counsel or agent for such government ON
each and every separate clam. Should they
iail TO agree in opinion on any individual
claim, they shall call TO their assistance the
arbitrator or umpire whom they have agreed
10 name, or Who may be determined by lot as
the case may be, and such arbitrator or umpire
after having examined the evidence adduced
for and against the claim, and after having
heard, as required, ore person ON each side, as
aforesaid, ard consulted with the commission.
ers, shall decide thereupon finally and without
appeal. The decision OF the Commissioner
and OF the arbitrator or umpire shall be given
upon each claim in writing, AMI shall be signed
by them respectively. Ii email be competent
for each government to name one person to at.
tend the commissioners as agent on its behalf
and 70 answer claims made upon IL, and to
represent II generally In all matters connected
with the investigation and decision thereof
The President of the United States, and the
President sf Peru, hereby solemnly and sin.
ceIely engage TO consider the decision Of the
commissioners conformity, or OF the arbitrator
or umpire, as the case may be, absolutely
final and conclusive upon each claim decided
upon by them or him, respectively, and 10 give
full effect to such decisions, without any ob.
agreed that no claim arising out of any trans.
action of date prior to the Both OF November,
1853, shall oe admissible under this cen vention.
ARTICLE Ill.
Livery claim shall be presented 10 the com.
missioners within two months from the day Of
their first meeting, unless IN any case where
reasons IOr Qeldy Sndli De established to the
satisfaction OF tae commissioners, or of the
arbitrator or umpire, in the event OF the com.
missioners differing in opinion thereon, and
then and IN every such case the period for pre-
sentiDE the claim may be extended to any pe.
riod not exceeding one tn longer
The commissioners shall be bound TO examine
and decide upon every claim within six months
from the day Of their first meeting.
ARTICLylV
All sums Of money which may be awarded
by the commissioners. or by the arbitrator or
umpire, on account Of any claim, shall be paid
by the one government to the other, as the case
may be, within four months after the date
OF the decinon, without interest. and without
any deduction, save a. specified in Article VI,
hereinafter.
ARTICLE
The high contracting parties agree to con.
slider the result Of the proceedings OF this com.
mission rs full, perfect, and flnai settlement of
every claim upon either government arising
out OF any transaction OF q date prior to the
exchange of the Publications Of the present con.
vention; and further engage that every such
claim, whether or not the same may have been
presented to the notice of, made, preferred, or
laid before the said CON M ssioners, shall, from
and after the conclusion OF the proceedinRs of
SAID commission. - considered and treated os
finally settled, CARED, and tAeretore anadmis.
sable.
ARfiCGB VI.
The salaries of the commissioners shall not
exceed forty five hundred dollars In United
Go, ~oi 49, he