The Albany register. [volume] (Albany, Or.) 1868-18??, 1869-08-14
foFFIcIAL.
Laws OF the United States.
PASSED AT THE FIRST SESSION THE FORTY
FIRST CONGRESS-.
BY The President IF TIE United States Of Am,eyica.
A PROCLAMATIuN

PROCLAMATION.
Whereas n convention between the United
States of America and the republic of Peru, pro-
viding for the adjustment of claims of citizens of
either country against the other, concluded
and signed by their respective plenipotcntiarics at
the city of Lima on the fourth day of December,
in the year Of our Lord thousand eig bit hupd-
ted aud sixty-eight, which couvention, being in
the English and Spanish languages, is word for
word follows:
Whereas claims may have at various times
since the signature of the decisions of the mixed
commission which met in Lima in July, 1868,
been ulade on the government of the United States
of America by citizens of Peru and have been made
by citizens Of the Unted States Of America ON the
govern mont OF Peru, and whereas some OF such
claims sill penling, the President of the
United States of America aud the President Of
peru Scing af opinion that speedy and eqnita-
bic settlement of all such claims will contrib
ute much to the maintenance of the friendly
feelings which subsi t between the two countries.
have resolved to make arrangements for that
purpose by means of q convention, and have
named as their p.enipotentiares to confer and
agree thcreupon, that is tn say:
The President of the United States
Alvin p. Hovey, envoy extraordinary and minister
plenpotentary of the United Sfates of America
the government of Peru, and the PRESIDENT of
Peru names his excellency Doctor Don Jose
Antonio Barreneehea, minister Of foreign af-
fairs OF Peru. who, after havlng coinmu icttcd to
each other their respective full powers, found in
good and true form, have agreed as follows:
ARTICLE 1.
The high contracting parties agree that all
claims on the part of corporations, companies, or
private Individuals citizens of the United States,
upon the government of Peru, and all claims on
the part of corporations, companies, private
individuals. citizens of Peru, upon the govern
mcnt of the United States, which may have been
presented to either government for its intcrpo-
stion since the sitting of the said mixed COM
mission, and which remain yet unsettled, as well
as any other claims which may be presented
within the time specified in Article III herein
aftcr shall be referred to the commissioners,
who shall be appointed in the following manner,
that ii to say
One commissioner shall be named by the Presi-
dent of the United States, and one by the Presi-
dent of Peru. In case of the dea'h absence. or
ineapacity of either commissioner, or in the event
of either commissioner emitting or ceasing to act
as such the President of the United States or the
President of Perm, respectively, shall forthwith
name another person to act as commissioner in
the place stead of the commissioner already
named. The commissioners so named shall meet
at Lima at their earliest convenience after they
have been respectively named, not to exceed three
months from the ratification of this convention,
and shall, before proceeding to any business,
make and subscribe solemn declaration that
they will impartially and carefully examine and
decide to the best of their Judgment and accord
ing to justice and equity, without fear, favor or
affection for their own country, upon all such
claims as shall be laid before them thu part of
the governments of the United States and Peru
respectively, and such declarations shall be
| entered ON the record of the commission.
The commissioners shall then, and before pro-
ceeding to other business, name some third per-
son, of, some third nation, to act arbitrator
umpire in any which they may
themselves differ in opinion. If they should not be
able to agree upon the name of such third person,
| they shall each name person of u third nation,
and i'll each and every case in which the conf
mssoners may differ in opinion to the decision
which they ought to give, it shall be determined
! by lot which of the persons named shall
be the arbitrator umpire in that particular
case. The person persons so to be chosen to be
arbitrator umpire shall, before proceeding to
act as such in any case, make and subscribe
solemn declaration, in form similar to that
which shall have already been made and sub
scribed by the commissioners which shall be
entered upon therecords of their proceedings. In
the event of the death, absence, incapacity of
| snch person persons, of his their emitting
or declining. ceasing to act such arbitrator
umpire, another and different person shall be
named aforesaid, to act such arbitrator
umpire in the place and stead of the person SO
originally named aforesaid, and shall make
and subscribe such declaration as aforesaid
ARTICLE II.
The commissioners shall then forthwith proceed
to the investigation of the claims which shall be
presented to their notice. They shall investigate
and decide upon such claims in such or s.er and in
such manner as they may conformity think proper,
but upon such evidence or information as shall be
furnished by or behalf Of their respective govern
| ments. They shall be bound to receive and Pc
| ruse all written documents statements which
| may be presented to them by behalf of
| their respective governments, in support of
| answer to any claim, ar-d to hear. if required,
one person each side on behalf of each govern
ment counsel or agent for such government,
| on each and every separate claim. Should they
| fail to agree in opinion any individual claim
they shall cali to their assistance the arbitrator
umpire whom they have agreed to name, or who
may be determined by lot. as the case may be,
| and such arbitrator or umpire, after having ex-
| amined the evidence adduced for and against the
claim, and after having heard, as required, one
person each side, aforesaid, and consulted
| with the commissioners, shall decide thcreupon
| finally and without appeal. The decision of the
| commissioners and of the arbitrator umpire
| shall be given upon each claim in writing, and
shall be signed by them respectively. It shall
be competent for each government to name
person to attend the commissioners agent ON
its BEHALF and to answer claims made upon it, and
to represent it generally in all matters connected
| with the investigation and decision thereof.
The President of the United States and the
President of Peru hereby solemnly and sincerely
engage to consider the decision of the commits
sioners conformity, of the arbitrator umpire,
as the case may be, as absolutely final and con-
| elusive upon each claim decided upon by them or
him, respectively. and to give full effect to such
| delay whatsoever It is agreed that claim
arising out OF any transaction of date prior to
the 30th of November, 1868, shall be admissablc
under this convention.
ARTICLE III.
s Every claim shall be presented to the commis-
sioners within two months from the day of their
first meeting, unless in any case where reasons for
delay shall be established to the satisfaction of
/ the commissioners, or OF the arbitrator or nm
pire, in the event of the commissioners differing
in opinion thereon, and then and in every such
case the period for presenting the claim may be
extended to any period not exceeding one month
| longer.
| The commissioners shall be bound to examine
and decide upon every claim within six months
from the day of their first meeting.
4 ARTICLE Nv.
| All sums Of money which may be awarded by
/ the commissioners. by the arbitrator or umpire
on account of any claim, shall be paid by the one