New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-16
potentiaries to confer and agree thereupon,

The President of the United States names
Alvin p. Hovey, envoy extraordinary and
minister plenipOtentiary Of the United
States of America near the government Of
Peru, and the President of Peru names his
excellency Doctor Don Jose Antonio Barre
ncchea, minister of foreign affairs of Peru,
| who. after having communicated to each
other their respective full powers, found i'll
good and true form, have agreed as follows:
ARTICLE I.
The high contracting parties agree that all
claims on the 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 cit
liens of Peru, upon the government OF the
United States, which may have been pre-
sented to either government for its interpo,-
| sitiOn since the sittings of the said mixed
commission, and which remain yet unsettled,
| as well as any other claims which may be
| presented within the time specitiedin article
| three hereinafter, shall be 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-
| dcne 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 commissioner
| emitting or ceasng to act as such, the Presl-
| dent OF the United States or the President
| of Peru. respectively, shall forthwith name
| another person to act as commissioner i'll the
| place or 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 ratiti
cation of this convention, and shall. before
| proceeding to any business make and sub
| scribe a solemn declaration that they will
| impartially and carefully examine and de
eide to the best of their Judgment, and ac-
cording to justice and equity, without fear,
| favor. or affection to their own country upon
all such claims as shall be laid before them
on the part of the governments ofthe United
| States and Peru respectively, and such
| declarations shall be entered Oh the record
| of the commission.
The commissioner 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 opinion. If they should not he able to
agree upon the name of such third person,
they shall each name a person of II third ma
| ton, and III each and every case IN which the
commissioners may differ in opinion as to
the decision which they ought to give, it
shall be determined by lot which of the two
persons SO named shall be the arbitrator or
| or persons so to be chosen TO be arbitrator
or umpire shall, before proceeding to act as
! such i'll any case make and subscribe a
| solemn declaration i'll IA form similar to that
which shall have already been made and
subscribed by the commissioners, which
| shall be entered upon the records OF their
proceedings. In the event of the death, alb
| scnce, or incapacity of such person or per-
| sons, or of his or their emitting, or declin-
pr cxa IN
! 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 Il originally named as aforesaid,
and shall make and subscribe such declar-
| alton as aforesaid.
ARTICLE IL.
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 man
ner as they may conformity think proper.
| but upon such evidence or information as
| shall be furnished by or on behalf of their
respective governments. They shall be
| bound to receive and peruse all written
| documents or statements which may be pre-
| sented to them by or on behalf of their
| respective governments, in support OF, or IN
| answer to any claim. and to hear, il re-
| each government as counsel or agent for
| such government on each and every sep
| arate claim. Should they fail to agree In
| opinion on any individual claim, they shall
! call to their assistance the arbitrator or UNI
pire whom they have agreed to name. or
| who may be determined by lot. as the case
NAV be, and such arbitrator umpire.
| after having examined the evidence ad-
duced 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 therenpon
finally and without appeal. The decision of
the commissioners and of the arbitrator or
umpire shall be given upon each claim in
writing, and shall be signed by them re-
spectively. 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 it. and to
represent it generally i'll all matters con-
nected 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 commissioners conformity, or OF the arb
TRAITOR or umpire, as the case may be, as
absolutely final and conclusive upon each
claim decided upon by them or him. re-
spectively, and to give full effect to such
decisions, without any objections, evasion.
or delay whatsoever. 1t is agreed that no
claim arising out of any transaction of
date prior to the thirtieth OF November,
1868, shall be admissible under this cen
ventiOn.
ARTICLE III.
Every claim shall be presented to the com
missioners within two months from the day
of their first meeting, unless in any ease
where reasons for delay shall be established
to the satisfaction of the commissioners, or
Of the arbitrator or umpire. in the event of
the commissioners differing in opinion there
on, and then and in every such case the
period for presenting the claim may he ex
tended to any period not exceeding one
month longer.
The commissioners shall be bound to ex-
anime and decide upon every claim within
six months from the day of their first
meeting.
All sums of money which may be awarded
by the commissioners, or by the arbi-
traitor or umpire, on account OF any claim,
shall be paid by the one government to the
other as the case may be, within four
months after the date of the decision, with
out interest, and without any deduction,
save rs specified in Article VI, hereinafter.
ARTICLE V.
The high contracting parties agree to con-
slider the result Of the proceedings of this
commission as a full perfect, and final set
tlement of every claim upon either govern
ment arising out of any transaction of a
date prior to the exchange of the ratitica-
tons of the present convention; and further
| engage that every such claim, whether or
| not the same may have been presented to
the notice of, made. preferred, or laid before
the said commissioners, shall, from and at-
lns Of fl,n aaHi in of a