The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-07-28

90 named shall meet at Lima at their earliest
convenience after they have been respect
lively named, not 10 exceed three months
from the ratification Of this convention, and
shall, boforo proceeding to any business,
mako and subscribe a solemn declaration that
they will impartially and carefully examine
and decide to tho best OF tholr Judgment,
aud according 10 Justice and equity, without
fear, favor, or affection to their own coun-
try, upon oil such claims as shall DO laid
before them on tho part OF the governments
Of tho United Btatoe and Peru. respectively,
and such declarations shall be entered on
the record Of the commission.
Tho commissioners shall then, and before
proceeding 10 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 differ In opln-
ion. II they should not be able to agree
upon tho name Of such third person, they
shall each name person Of third nation,
\ and In zach aud every case In which the
commissioners may differ In oplaion as to
tho decision which they ought to give, Ii
shall 10 determined by lot which Of the two
persons so named shall DO the arbitrator or
umpire In that particular case. The person
or persons 90 to be chosen to be arbitrator
or umpire shall, before proceeding TO act as
such In any ease, mako and subscribe SOL
emn declaration In form similar to that
which shall have already beon made aud
subscribed by the commissioners, which shall
DO entered upon the records Of their pro-
ceedings. In the event OF tho death, alb
scnos, or incapacity Of such person or per-
sons, or OF his or their emitting, or declln-
ing, or ccasing to act as such arbitrator or
umpire, another and. different person shall
lbo named as aforesaid TO act as such erbi-
traitor or umpire In tho place and stoad Of
the person so originally named as aforesaid,
and shall make aud subscribe such declara-
ton as aforesaid.
| ARTICLE II.
The commissioners shall then forthwith
proceed to the investigation Of the claims
| which shall DO presented to their notice.
They shall investigate and decide upon such
claims in such order and In such manner as
they may conformity think proper, but upon
such evidence or information as shall DO fur
nished by or on behalf Of their respective
governments. They shall be bound to 70
celvo aud peruse all written documents or
statements which may be presented to them
| by or on behalf Of thor respective govern.
ments, In support Of, or In answer to any
claim, and to hear, II required, one person
on each sldo on behalf Of each government
as counsel or agent for such government, on
each and every separate claim. Should they
| fall to agreo In opinion on any individual
|
arbitrator or umpire whom they have agreed
to name, or who may be determined by lot,
a. the case may DO, and such arbitrator or
| umpire, after having examined the evidence
adduccd for and against the claim, and after
having heard, as required, one person on
each side, as aforesaid, and consulted with
the commissioners, shall decide theroupon
finally and without appeal Tho decision Of
the commissioners aud of the arbitrator or
4 hall h, nj. at.t., L.
| writing, aud shall DO signed by them re-
spectively. II shall DO competent for each
government to namo ono person TO attend
| the commissioners as agent on its behalf,
and to answer claims mado upon Il, and to
represent II generally In all matters con-
nected with the investigation and decision
thereof
Tho President OF the United States, and
tho President Of Peru, hereby solemnly aud
sincerely engage TO consider tho decision OF
the commissioners con Jointly, or Of tho arbl
TRAITOR or umpire, as the case may DO, az al.
solutely final and conclusive upon each
claim decided upon by them or him, ro
spectivcly, and to give full effect 10 such de-
cisions, without any objections, evasion, OF
delay whatsoever. II Ia agreed that nc
lain arising out OF any transaction Of a
date prior to tho 30th of November, 1868
shall be admissible under this convention.
| ARTICLE III.
Every claim shall DO presented to the
commissioners within two months from the
\ day OF their frat meeting, unless In any cas-,
where reasons for delay shall DO established
to the satisfaction a tho commissioners, OF
Of the arbitrator or umpire, In tho event o
the commissioners differing in opinion
thereon, and then and In every such case thu
period for presenting tho claim may DO OK
tended to any period not exceeding on,
month longer.
Tho commissioners shall DO bound to OK
amino and decide upon every claim within
six months from the day Of their first meet
Ing.
All sums Of money which may be awarde,
by the commissioners, or by the arbitrator o.
umpire, on account OF any claim, shall b
paid by the one government to the other, a
the case may be, within four months ate
the date Of the decision, without Interest
and without any deduction, save as specific,
IN article VI, hereinafter.
ARTICLE V.
The high contracting parties agrco to con
slider the result Of tho proceedings Of thi
commission as full, perfect, and final set
Element OF every claim upon either govern
ment arising out OF any transaction OF II dat
|, prior to the exchange Of the Publications o
the present convention; and further engag
| tuht cNtEy buCh WuCtuCt VI uOt III
same may have been presented TO the motto
Of, made, preferred, or laid before tho sal
commissioners, shall, from and after the con
cluslon Of the proceedings Of the said com
mission, be considered and treated as hnall
settled, barred, and therefore inadmlssiblc
ARTICLE vi.
Tho salaries OF the commissioners shall
not exceed forty-nve hundred dollars In Uni
ted States gold coin, each, yearly. Those o
| ha rina nrbit rat L.
shall DO determined by the commissioners
, aud In case the said commission flush Il
labors In less than six months, the commits
sionors together with their assistants will b
entitled to six months pay, and the Who'll
expenses OF the commission shall be DE-
fraycd by ratablo deduction on tho amour
of the sums awarded by the commissioner
provided always that such deduction shal
not exceed the rate OF 1--WE por cent. on tn
shall DO betrayed by the two governments II
moieties.
ARrIcLB VII.
Tho present convention shall DO ratified b
: the President Of the United States, by an
with tho consent Of tho Senate thereof, an
by the President Of Peru, with tho approbu
ton OF the Congress Of that republic, an,
the Publications will BIO exchanged In Lima
as soon as may be, within elk months Of th
date hereof.
ARTICLE VIII.
Tho high contracting parties declare tina
this convention shall not be considered as
, precedent obligatory on them, and that the
I remain In perfect liberty to proceed in tn
manner that may be deemed most conyoulcr
ID regarding the diplomatic claims that ma
arise In the future.
In witness whereof tho respective plcnipC
tentlaries have signed the same In the Eng
lish and Spanish languages, and have alike
: thereto the seals OF their arms.
Done In Lima, tho fourth day Of Deceu
J ber, In the year Of our Lord one thousan
( eight hundred and sixty-eight.
ALVIN p. HOVEY, L. 5.
J. A. BARRENECHEA, L.. 3.
3 And whereas the said convention has boo
{ duly ratified on both parts, and the respeC
: two Publications OF the same were exchange
b l'at Lima on the 4th OF June last
4 Now, therefore, DO 1t known that !, Uly
: ses 3. Grant, President Of tho United STATE
v of America, have caused the said conyentio
) to be made public, to the end that the san
Z and every clause and article thereof may
i, observed and fulfilled with good faith by Il
: United Slater and the citizens thereof.
a In testimony whereof, have hereunto 81
~ NJ.