The New York herald., 1869-01-26
PERU.
Convention for n Mixed Commission Eetwcen
tho Unifed States OF America and Peru,
siynad Ia Linn Decan,lnr q, rSAs.


Whereas claims NAV have. at varcrs times since
the SIGNATURE OF tho DECISIONS OF the mixed COMMITS
alon which met In Lima IN July, 1883, been made on
the government OF the United States Of America by
citizens OF Peru, and have been made by citizeas or
Peru: ami whereas soma ~ s sch nv Claims are s II
pending the President OF the United States Of
America ana the Presiaen, ?, Perm bong Of opinion
claims viii contribute much TO the m1intenancc OF the
friendly feelings which subsst between the two coun
tries. have resolved TO mako arrangements Tor that
purpose by means OF q convention, and have named
as their penipotentiares TO confer and agree there
The President OF the United States names Alvin r.
Hovey. Envoy Extraordinary and Minister Plenipo.
Tertiary OF the United States OF America near tho
government Of Peru, aud the President Of Peru
names his Excellency Doctor jose Antonio Darreno-
cliea Minister OF Foreicn Anairs OF Pern. VINO, ater
full powers. found IN good and true form, have
agreed as folows:--
ARTICLE l. The high contracting parties agree
that all claims on the part OF corporations compa-
nes or private individuals citizens OF tho United
states, upon the government 0f reru, and all claims
the part OF corporations, companies private In.
dividuals, citizens OF Peru, upon the government OF
ether aoyernmen for its intepositIon since the ST. T.
tIngs OF the said mixed commlssion and which re-
main yet unsettled, as well as any other claims
shall be referred to two commissioners who shall be
appointed in the following manner, that is to say:
One commissioner shall be named bv the President
of the United States and one by the President OF
Peru In OF the death, absence incapaclty Of
either commissioner or in the event Of either COM
missioner 0mitfing or ceasing to act as cuch tho
President or the United States or tho President OF
Peru fespecve ANAL y t name o. etse
OF the commissioner already named Tho commis.
sioners SO named shall meet at Lima at their earliest
convenience after they have been respectively
named, not to exceed three months from the ratid-
cation OF this convention. and shall before proceed
declaration that they will impartiay and carefully
examine ana decide to the best of their Judgment
favor or afection to their own country, upon all
such claims as shall be laid before them on the part
respsctveiy Dec and such decaraton shall shall be entered
on the record OF the commission.
The commissioners shall then, and before proceed
Ing TO other business, name some third person OF
some third nation to act as an arbitrator or umpire
IN any case or cases on which they may themselves
dffer In opinion. II they should not be able 10 agree
upon the name Of such third person, they shall each
name person Of Q third nation and in each and
opinion as to the decision which they ought TO give,
1t shall be determined by lot which Of the two per-
sons named shall be the arbitrator or umpire in
that particular The person persons to be-
chosen to be arbitrator or umpire SHALL before pro-
scribe solemn declaration in form similar that
which shall already have been made and subscribed
BY the commissioners, which shall be entered upon
the records Of their proceedings. In the event OF
the death, absence or ncapacity OF such person or
persons, or OF his or their omittng or declining or
and different person shall be named as aforesaid to
act as such arbitrator or umpire IN the place and
stead OF the person SO originally named as aforesaid
and shall make and subscribe such declaration ~
COMMISSIONERS
proceed to the investigation Of the claims which
shall De presented to their notice: They shall inves
tigate and decide upon such claims IN such order
proper but upon such evidence or Information as
shall be Furnished by or on behalf Q! their respective
peruse all written documents or statements which
may be presented to them by or on behalf OF their
respective governments In support OF In answer to
each side on behalf Of each government as counsel
separate claim. Should they fail to agree In opinion
any individual claim they shall call to their as
sistance the arbitrator or umpire whom they have
agreed TO name, or who may be determined by lot,
as the case may be; and such arbitrator or umpire,
for ana against the claim, and after having heard al
required, one person on each side as aforesaid, and
consulted Win she snai decide dnere,
the commissioners and OF the arbitrator or umpire
snail be given upon each claim In writing and shall
petcnt for each government to name one person to
attend the commissioners as agent on Its behalf, and
to answer claims made upon Ii, aud TO represent Is
generally IN all matters connected with the invest-
gatlon and decision thereof.
dent OF Peru hereby soiemnly aud sincerely engage
10 consider the decision OF the commissioners con-
Jointly, or OF the arbitrator or umpire, rs the ciso
may be, absolutely final and conclusive upon each
CLAIM decided upon by them or hin respectively aud
lecfion, evasion or delay whatsoever 1t is agreed
that no claim arising out Of any transaction Of a
date prior to the Soth OF Ncyenber, 1853, shall 10
ART. 8. Every claim shall be presented to the
commissioners within two months from tho day OF
their first meeting, unless In any where reasons
for delay shall be established to tho satisfaction OF
the commissioners OF the arbitrator or umpire, IN
the event OF the commissioners differing IN opinion
thereon and then and In any sach case the period for
presenting the claim may be EXTENDED to any time
not exceeding one month longer.
The commissioners shall be bound to examine and
decide upon every claim within six months from tho
XRT. Z. All sums of money which may bc awarded
by the commissioners or by the arbitrator or umpire,
cnyQ N
four months after the date Of tho decision, without
interest and without any deduction, save a. speci-
AIR. S. the high contracting parties engage to
consider the result OF the PROCEEDINGS OF this coui.
every claim upon either government arising ont Of
any transaction OF date prior to the exchange Of
further FUR engage that every SUCH claim, whcthcr or
not the same may have been presented to the notice
soners shall from and after the conclusion OF the
proceedings OF said commission be considered and
treated as nnay settled. barred and therefore mad
ART. .. The salaries OF the commissioners shall
not exceed 5000 N n.y. United STATES g9ia CON eacn.
umpire shall be determined by the commissioners;
and In case the said commission finish ito iaborB
In less than six months the commissioners,
together with their assistants, VIII b. entitled TO
six months pay, and the whole e, expenses or
the commission shall be deirayed by rafaDio
deduction on the amount OF the sums awarded BY
the commissioners. provided always that slcn de-
ducon shall not exceed the rate ol iye per cent on
the sums to be so awarded The deficiency, II any,
shall be betrayed by the two governments In mole.
ties.
ART. Z. The present convention shall bo ratified By
tho President the United states by aud WIN mo
consent OF the Senate thereof and By tho President
OF Peru, with the appreciation OF the Congress
thereof; and the Publications VIII 10 exchanged in
Lima MS soon as may be, within six months Of tho
date hereof
this convention shn not he considered US prcce-
dent obligatory on them, and that they remain In
perfect liberty proceed Ia the manner that may be
deemed most convenient regarding the diplomatic
claims that inay arise In the future.
In witness whereof the respective plenipotcntarea
have signed the same In tho English and Spanish
languages and have axed thereto the scala OF Lhsir
0rma
Done in Lima, the fourth day Of December, IN tho
year OF our Lord one thousand eight hundred
and sixty-olghg.
ALVIN r. HOyEY,
J. A. BARhENECliEA.-