The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-07-29

ny the President Of she. United states
Of America,

Dlenlpotentiaries at the city OF Lima, on the
Tourth day Of December, In the year OF our
Lord ono thousand eight hundred and sixty
light, which convention, being In the Eng
ish and Spanish languages, Is word for
word as follows,
Whereas claims may have, at various
lines since the signature OF the decisions Of
he mixed commission which met In Lima
In July, 1893, boon made on tho Government
Of the United States Of America by citizens
Of Peru, and have been made by citizens OF
The United States OF America on the govern
ment OF Peru, and whereas some Of such
claims arc still pending, the President Of
The United States Of America and the Presi-
dent Of Peru, being Of opinion that speedy
and equitable settlement OF all such claims
will contribute much to tho maintenance OF
the friendly feelings which subsist between
the two countries, havo resolved to mako mr.
rangemonts for that purpose by means Of
and have named as their pleni-
potentiaries to confer and agree therenpon,
that is to say;
The President OF the United States names
Alvin P. Hovcy, envoy extraordinary and
minister plenipotcntlary Of the United
States OF America near the government OF
Peru, and the President Of Peru names his
cxcellency Doctor Don Jose Antonio Bar
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 as follows;
ARTICLE /.
The high contracting parties agree that
all elaine on tho part OF corporations, COM
panies, or private individuals, citizens of
the United States, upon the government Of
Peru, and all claims on the part OF corpora
tons, companies, or private individuals,
citizens Of Peru, upon the government OF
the United States, which may have been
to either government for Its inter
position since the sittings Of the said mixed
and which remain yet unsettled,
as well as any other claims which may DC
presented within tho time specified In Article
Ill hereinafter, shall DO referred to the two
commissioners, who shall be appointed In
the following manner, that is to say; One
commissioner shall be named by the Presi-
dent OF the United States, and one by the
President Of Peru. In case of the death,
absence, or incapacity Of either commits
sioner, or In the event Of either commits
siouer emitting or ceaslng 10 act as such,
the President Of the United States or the
President Of Peru, respectively, shall forth
with name another person to act as commits
sioner In the place or stead Of the commits
sioner already named. The commissioners
so 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, before proceeding to any business,
make and subscrihs a solemn declaration that
they will impartially and carefully examine
and decide to the best OF their judgment,
aud according to justice and equity, without
fear, favor, or affection to their own coun-
try, upon all such claim as shall DO laid
before them on the part Of the governments
Of the United States and Peru, respectively,
and such declarations shall be tered on
the record Of the commission.
THE commissioners shall then, and before
proceeding 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 differ In opln-
ion. II they should not be able 10 agree
upon the name Of such third person, they
shall each name person Of third nation,
and In each and every case In which the
commissioners may differ In opiaion as to
the decision which they ought to give, II
shall be determined by lot which Of the two
persons so named shall be the arbitrator or
umpire In that particular case. Tho person
or persons SO to be chosen to be arbitrator
or umpire shall, before proceeding to act as
such In any case, mako and subscribe SOL
emn declaration In form similar to that
which shall have already been made and
subscribed by the commissioners, which shall
be entered upon the records Of their pro-
ceedlngs. In the event OF the death, alb.
sence, or incapacity Of such person or per-
sons, or Of his or their emitting, or declln-
ing, or ceasing TO act Us such arbitrator or
umpire, another and different person shall
be named as aforesaid to act as such arbi-
TRAITOR or umpire In the place and stead Of
the person so originally named as aforesaid,
and shall make and subscribe such dcclara-
ton 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 order and In such manner as
they may conformity think proper, but upon
such evidence or information as shall be fur
nished by or on behalf Of their respective
governments. They shall be bound to 70
ceive and pcruse all written documents or
statements which may be presented to them
by or on behalf Of their respective govern
ments, In support Of, or In answer to any
claim, and to hear, II required, one person
on each side on behalf Of each government
as counsel or agent for such government, on
each and every separate claim. Should they
fail to agree In opinion on any Individual
claim, they shall call to their assistance 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, after having examined the evidence
adduced for and against the claim, and after
having heard, as required, one person on
each sido, rs aforesaid, and consulted with
the commissioners, shall decide thereupon
finally and without appeal. The decision OF
the commissioners and OF the arbitrator OF
umpire shall DO given upon each claim In
writing, and shall be signed by them 70.
spectiyely. 1t shall be competent for each
government to name one person to attend
the commissioners as agent on Its behalf,
and to answer claims made upon 1t, and to
represent 1t generally In all matters con.
nected with the investigation and decision
thereof.
The President OF the United States, and
the President Of Peru, hereby so!emnly and
sincerely engage to consider the decision OF
the commissioners conJolntly, or OF the arbl.
traitor or umpire, as the case may be, as alb.
solutely final and conclusive upon each
claim decided upon by them or him, re,
spectiyely, and to give full effect to such dc.
cisions, without any objections, evasion, or
delay whatsoever. II 10 agreed that nc
lain arising out Of any transaction OF a
date prior to the 30th Of November, 1868,
shall be admissible under this convention.
ARTICLE III.
Every claim shall DC presented 10 the
commissioners within two months from tho
day OF their first meeting, unless In any case
where reasons for delay shall be established
TO the satisfaction Of the commissioners, OF
Of the arbitrator or umpire, 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 ex,
tended ~ any period not exceeding one
month longer.
The commissioners shall DO bound TO OK.
anime aud decide upon every claim within
six months from the day Of their first meet.
Ing.
ARTICLE Nv.
All sums OF money which may be awarded
by the commissioners, or by the arbitrator OF
umpire, on account Of any claim, shall be
paid by the one government to the other, az
the case may be, within fpur months after
the date Of the decision, without interest,
and without any deduction, save as specified
In. M icla VI hereInafter.