The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1869-09-07
[OFFICIAL.l
Laws OF THE UNITED STATES
Passed at tie Third Session Of the Fo,tietA
Congress-.
[OFTICIAL.l.

! Passed at tie Third Session of the Fovtie
Congress-.
APPROXIMATION.
By the President of the United States
| America.
| Whereas a convention between the Unite
States of America and the Republic of Per,
providing for the adjustment of claims {
citizens of either country against the Other
was concluded and signed BY their respectiv
plenipotentiaries at the city of Lima, on tn
fourth day of December. IN the year of on
Lord one thousand eight hundred and sixty
eight. which convention, being in the English
and Spanish languages, is word for word a
follows:
Whereas claims may have. at various time.
] since the signature of the decisions of tn,
mixed commission which met in Lima in July
| 1858, been made on the government of the
United States of America, BY citizens o.
P-ru, and have been mad by citizens of the
| United States of America on the government,
of Peru, and whereas some of such claims
| are still pending, the President of the Uni
ted States of America and the President OF
Peru. being of opinion that speedy and
equitable settlement of all such claims will
contribute much to the Maintenance of the
friendly feelings which subsist between the
two countries, have resolved to make ar
rangements for that purpose by means of a
convention, and have named as their pleni-
potentiaries to confer and agree thereupnn,
that is to say:
The President of the United States names
Alvin ?. Hovey, envoy extraordinary and
minister plenipotentiary of the United States
of America near the government of Peru,
and the President of Peru names his excel
lency Doctor Don Jose Antonio Barrenechea,
minister of foreign affairs of Peru, who, af-
Ter having communicated to each other their
respective full powers, found in good and
true form have agreed as follows.
ARTICLE l.
The high contracting parties agree that all
claims on the part of curooratinns, compa-
mics, or private individuals, citizens of the
United States, upon the government of Peru,
and all claims on the part of corporations,
or private individuals. citizens Of
Peru, upon the government of the United
States, which ma, have been presented to Ell
Their government for IS interposition since
the sitting of said mixed commission. and |
which remain vet unsettled, well as any
other claims which may be presented within
The time specified III Article l hereinafter, |
shall be referred to the two commissioners, |
v no shall be appoint, in the following man
De named bs the President of the United |
States, and one by the President of Peru
IN case of the death, absence, or lncapacity !
If either commissioner, or in the event Of
,iiher commissioner emitting or ceasing to
let as such, the President of the United
States or the President of Peru, respectively,
hall forthwith name another person to act as
in the place or stead of the
already named. The commits
toners so named shall meet at Lima at their
arIiest convenience after they have been re-
pectively named, not to exceed three months
rom the ratification of this convention, and
hall, before proceeding to any business,
make and subscribe solemn declaration
hat they will impartiaily and carefully ex-
mine and decide to the best of their judy
lent, and according to justice and equity.
ithout fear, favor, OF affection TO their own
puntry, upon all such claims shall be laid
efore them on the part of the governments
t the United States and Peru, respectively,
nd such declarations shall be entered on the
cord OF the commission.
The commissioners shall then, and before q
roceediDg to other business, name some 7
lird person of s"me third nation to act as l
4 arbitrator or umpire in any case or cases
4 which they may themselves differ in opin- $
n. If they should not be able to agree o
BON the name of such third person, they Il
all each name person of third nation,
I'd in each and every case in which the COM Q
is>loners NAV differ in opinion as to the |
olsiun which the, oul. hit 10 give, It shall be
ternined by lot which of the two persons n
named shall be The arbitrator or umpire ,
that particular case. The person or per-
MS so to be chosen TO be arbitrator or I'm O.
re shall, before proceeding to act as such in u
y case, make aud subscribe a solemn dec OF
alton III a form similar to that which sha II A
We already been made and subscribed by
commissioners, which shall be entered
on the records of their proceedings. In
event of the death, absence, or lncapac-
Of such person ur persons, or of his or
II emitting, or declining. or ceasing to n
as such arbitrator o. umpire, another and Il
erent person shall he named as aforesaid
act as such arbitrator OF umpire IN the
&c and stead OF the pc. son So originally
med as aforesaid. and stall make and SUBJ
ibe such deciarati n as aforesaid.
ARTICLE III.
The commissioners shall then forthwith
'ceed to the investigation Of the claims
Ich shall be present. TO their notice.
ey shall investigate aud decide upon such
inns in such order and 10 such manner as
> may conj"inIly think proper, but upon IT
n evidence or information as shall be fur l
he'd BY or on behalf of their respective rsti
They shall be bound to re-
sc and peruse all written documents or -
teueLts which may be presented to them L
Or on behalf Of their respt Give govern
nts, IN support of. "r in answer to any Coz
i'm, aud To- hear. it required, one person Gel
each side on behalf of each government
or agent for such government, on .