The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1869-08-06
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= '7a- of America.
rf-- a. A PROCLAMATION.
Wh.reas m convention between tho United State
OF America and the republic OF Peru, providing 10
the adjustment OF claims OF citizens OF eitnel eoun
try against the other, was concluned anu IN. =,
their respective plenipotentiaries ut the city o
Lima on the fourth day Of December, In the yeai
OF our Lord one thousand eight hundred and sixty
eight, which convention, being In the Engnsn @no
Spanish languages, is word for word as followsi
Whereas, claims may have, at various times aimee
the signature OF the decisions or the mixed commits
sion which met In Lima in July, is63, been made on
The goveTnnsnt Of che United stats Q, A s,,sn %
the United States OF America on the government Of
Peru, and whereas some OF such claims are now
pending the President Of the United States " Amer
speedy and equitable settlement Of all such Chains
win contribute much TO the maintenance OF the
friendly feelings which subsists between the two
countries, have resolved to make arrangements Tor
that purpose by means OF q convention, and have
named their penipotentaries 10 confer and agree
thereupon, that Is TO says
The President OF the United States names Alvin
p. IIoyey, envoy extraordinary and minister peni-
potentlary Of the United States Of America near the
government Of Peru, and the President OF Peru
names his excellency Doctor Don jose Antonio
Barrenechea, minister Of foreign Affairs OF Peru,
Who after having communicated to each other their
respective full powers, found In good and true form,
have agreed rs follows
ARTICLE Z.
The high contracting parties agree that all claims
on the part Of corporations, companies, or private
government of Peru, and all claims on the part OF
corporations, companies, or private individuals cit
ilens OF Peru, npon the government OF The United
States, which may have been presented To either
government for its Interpolation since the sttns Of
the said mixed commission, and which remain yet
unsettled, as we'll rs any other claims which may he
presented within the time specified In Article Ill
hereinafter, shall be referred TO the two commission
ers who shall be appointed In the following man.
ner that Is 10 say, One commissioner shall be named
by the President OF the United states, and one by
the President OF Peru. In case OF the death, alb
sence or incapaeity Of either commissioner, or In
the event Of either commissioner emitting or cels-
Ing 20 act as such the President OF the United States
or the President Of Peru, respectively, shall forth
with name another person 10 act rs commissioner In
the place or stead OF the commissioner already
named. The commissioners 50 named shall meet at
Lima Mt their earliest convenience after they have
been respectively Named not 10 exceed three months
nom the ratification Of this convention. aud shall,
before proceeding 10 any business, make and sub
scribe n solemn declaration that they will impair.
TALLY and carefully examine and decide 10 tho best
Of their Judgment and According Ia justice ana
equity, without fear, favor, or affection TO their own
country upon all such claims as shall BIO laid before
them ON the part Of the governments OF tho United
States aud Peru, respectively, and such declarations
shall be entered on the record Of the commission.
The commissioners shall them and before proceed.
Ing 10 other business, name some third person oil
some third nation 20 act arbitrator or umpire in
any case on which they may themselves dill.
fer in opinion. II they should not be able to agree
upon the name OF such thr'i person. they shall each
name a person OF third nation, and In each and
every case In which the commissioners may differ In
opinion as 10 the decision which they ought To give,
ii shall be determined by lot which Of the two per-
sons 80 named shall be the arbitrator or umpire In
that particular case. The person or persons 80 TO
be chosen To be arbitrator or umpire shall, before
proceeding TO act as such In any case, make and
subscribe n solemn declaration In a form similar 70
that which shall have already been made and sub
scTlbcd by the commissioners, which shall 10 en-
tered upon the records Of their proceedings. In the
event oil the death, absence, or incapacity OF such
person or persons, OF his or their committing, or
declining, ccasng 10 act rs such arbitrator or um.
pre- another and different person shall DO named
a.aiOTcs,id to act such arbitrator or umpire IN
The place and stead ofthe person 90 originally named
rs aforesaid, and shall make anu subscribe such
declaration as aforesaid.
ARTICLE II.
The commissioners shall then forthwith proceed TO
the investigation Of the claims which shall DO pre-
sented 10 their notice. They shall investigate and
decide upon such claims In such order and In such
manner IA they may onjointly think proper, but
upon such evidence or Information as shall DO FUR
nshcd BY or on behalf OF their respective govern
ments. They shall bc bound to receive and peruse
all written documents or statements which may he
presented to them by or behalf Of their respec-
tive governments In support of or I'm answer to any
claim, and TO hear IL required, one person on each
side On behalf Of each government rs counsel or
agent for such government on each and every
separate claim should they fail 10 agree In opinion
on any ndyidua claim, they shall call Ia their as
sistanco the arbitrator or umpire whom they have
agreed 10 name, or who may lie determined by lot,
as the case may he, and such arbitrator umpire,
after having examined the evidence adduced for and
against the claim, and after having heard. as re.
quiTed, one person each side, rs aforesaid, and
Consulted with the commissioners, shall decide there
upon finally and without appeal. Tho decision OF
the commissioners and Of the arbitrator or umpire
shall be given upon each claim In writing, and shall
be signed by them respectively. IL shall DO compe-
tent Tor each government to namo one person 20 at
tend tho commissioners as agent ON Its BEHALF and
10 answer claims made upon 1t, and to represent II
generally In all matters connected with tho inyesi-
gi,ti cation and decision thereof
Tho President OF the United states, and the Pres-
dent Of Peru hereby sOlemnly and sincerely engage
90 consider tho decision Of the commissioners con-
jointly, or OF the arbitrator or umpire, rs the case
may be- us absolutely lna and conclusive upon each
claim decided upon by them or him, respectively,
and to give full effect to such decisions, without any
objections, eyasions delay whatsoever. disagreed
that no claim arising out Of any transaction Of
date prior to the Oth OF November, 1868, shall bo
admissible under this convention.
e.. ARTICLE III.
Every claim shall be presented TO the commission.
ers within two months from the day Of their first
neetng unless In case whore reasons for delay shall
he established to the satisfaction Of the commission.
ers, or Of the arbitrator or umpire, In the event
Of the commissioners differing IN opinion thereon,
and then and In every suc case the period for pre-.
sentng the claim may be extended to any period
not exceeding one month longer
The commissioners shall 10 Do bound 10 examine
and decide upon every claim within six months
irUn the day VI their first meeting.
ARTICLE ".
All sums Cf 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 GOV
eminent TO the other, rs the case may be, within
four months alter the date of the decision, without
interest and without any deduction, save ~ specified
in Article vi, hereinafter.
ARriCLEv. "H
The high contracting parties agree to consider the
result Of the proceedings OF this commission full
perfect, and iinal settlement of every claim upon
either government arising out OF any transaction
Of date prior 10 tho exchange OF the rtiilcatiOns
Of the present convention; and further engage that
every such claim, whether or not the same may
have been presented b tho notice of made, prefer
red or laid before tho said commissioners, shall,
from and after the conclusion Of the proceedings Of
the said commission, be considered and treated a.
finally settled, barred, and therefore insmssable.
.... ARTICLE vi.
Tho salaries OF the commissioners shall not exceed
fortyhyo hundred dollars IN United States gold coin,
each, yearly. Those vi the secretaries aud arbitra-
soners and I'm case the said commission finish Its
labOrs In less than six months, the commissioners
together with their assistants will DO entitled ~ six
months pay, and the whole expenses OF the CON-
mission shall be deffaycl by ratabls deduction on
tho amount OF tho sums awarded 10y the commits.
not exceed the rate Of five per cent on the sums ~
awarded. The deficiency, II any, shall bc dciraycd
by the two governments In molotics. ...
ARTICLE VII.
The present convention shall be ratified by the
President Of the United States, by and with the con-
sent OF the Senate thereof AMI by the PRECEDENT of
Peru, with the APPRECIATION OF tho Congress OF that