National Republican. (Washington City (D.C.)) 1872-1888, 1874-09-02
aatiuuaI gEpnblitatr.
TREATY

TREATY
BETWEEN THE UNITED STATES OF
AMERICA AND THE REPUBLIC OF
PERU.
FRIENDSHIP, COMMERCE, AND NAVIGATION
CCoaeIUded.l
ARTICLE Xxx.
In the event Of a war, or Of any interruption
of friendly intercourse between the high con.
tracing parties, the money, private debts
shares in the public fundsy or in the public OF
private banks, or any other property whatever,
belonging to the citizens Of the one party In
the territories Of the other, shall in no case De
sequestrated or conhscated.
, AETIcLE XXI.
The high contracting parties, desiring to
avoid all inequality in their public comm q
lions and official intercourse, agree 70 grant 70
their ENJOYS, ministers, charges halres' anu
other Diplomatic apepts, the same taVors, priv
ileges, immunities, and exemptions that tnose
of the most favored nation do or shall ENJOY,
It being understood that the favors, privileges,
immunities, and exemptions granted Dy the
one party 10 the ENJOYS, ministers, charges
d'affaires, or other diplomatic agents OF the
other party, or to those Oh any otneI natiO ~
shall Be reciprOcally granted and extended to
those of both the high contracting parties re-
rspectively.
ARTICLE XXI.
To protect more effectually the commerce
and NAVIGATION of their respective citizens, the
limited States of America and the Republic Of
perm spree to admit and receive, mutually,
consuls and vice C0nsuls in all their ports open
70 foreign commerce, who shall enjoy, within
their respective consular districts, all the
rights. privileges, and immunities Of the con-
r. L., r.
tion: but to enjoy the rights, prerogatives, and
immunities which belong to them in virtue of
their public character, the consuls and vice con-
suls shall before exercising their official func-
tions, exhibit to the Government TO which they
are accredited their commissions or patents in
due form, in order to receive their exequatur;
after receiving which they shall be acknowl-
edged in their official characters. by the au-
thOritles, magistrates, and inhabitants of the
district in which they reside. The high con-
tracing parties, nevertheless, remain at liberty
to except those ports and places where the
admission and residence OF Consuls and vice
Consuls may not seem to be convenient, pro
videi that the refusal TO admit them shall
likewise extend to those of all nations.
ARTICLE XXXIII.
The consuls, vice-consuls, their officers and
persons employed in their cOnsulstes, shall be
exempt from all public service, and from all
s. CONTRIBUTORS,
cept those which they shall be lawfully held
to pay on account of their property or CON-
merce, and tC which the citizens and other in
habitRuts of the country in which they reside
are subject, they being, in other respects, sub
ject to the laws of the respective countries.
The archives and papers Of the cOnsulates
shall 10 inViolably respected; and no person,
magistrate, or other public authority shall
under any pretext, interfere with. or seize
them.
ARTICLE XXXIV.
The consuls and vice-consuls shall have
power TO require the assistance of the public
authorities Of the country in which they reside
for the arrest, detention, and custody of desert
ers from the vessels of war or merchant YES
sells of their nation and where the deserters
claimed shall belong to merchant vessel, the
4consuls or vice consuls must address themselves
to the competent authority, and demand the
deserters in writing, proving by the ships roll
or other public document that the individuals
claimed are part of the crew of the vessel
from which it is alleged that they have desert
ed but should the individuals named form a
part of the crew of vessel Of war, the word
Of honor Of a commissioned officer attached to
the said vessel shall be sufficient to
identify the deseTters; and when the demand
of the cOnsuls or vice-cOnsuls shall, in either
case, be so proved the delivery Of the deserters
IL
arrested, shall be delivered 70 the consuls OF
vice-consuls, or, at the request of these, shall
be put in the public prisons, and maintained at
the expense OF those who reclaim them, to be
delivered to the vessels to which they belong
or sent to others Of the same nation; but If the
said deEerteTs should not be so delivered or
sent within the term of two months, to be
counted from the day Of their arrest, they shall
be set at liberty, and shall not be again Rppre-
ha =
ing parties agree that it shall not be lawful for
any public authority o. other person within
their respective dominions to hsrbOr or protect
such deserters.
ARTICLE XXXV.
For the purpose of more efectually protect
ing their commerce and navigation, the two
contracting parties do hereby agree to form, as
soon hereafter as may be mutually convenient,
q consular convention, which shall declare
specially the powers and immunities of the
consuls and vice-cOnsuls Of the respective par
ties.
ALTICLE XXXVI.
Until the conclusion of q consular conven.
ton, the high contracting parties agree that
in the absence Of the legal heirs or representa-
tives the cOnsuls or Yice-consuls Of either party
shall be ex officio the executors or administra.
tors of the citizens Of their nation who may
die within their consular jurisdictions, and Of
their countrymen dying at sea whose property
may be brought within their district. The
said cOnsuls or yice-consuls shall call in jus.
tice of the peace or some other judicial au-
thority to assist u taking an inventory Of the
effects and property left by the deceased, after
which the said effects shall remain in the
hands of the said consuls or vice-cOnsuls, who
shall be authorized TO sell immediately such Of
the effects or property as may be of a perisha-
bic nature, and to dispose Of the remainder
according TO the instructions Of their re-
spectiye Governments. And where the
deceased has been engaged in COM
merce or other business, the consuls or vice
consuls shall hod the effects and property SO
remaining until he expiration Of twelve cRlen-
dar months, Dung which time the creditors,
If any. of the deceased, shall have the right to
present their clans and demands against the
said effects and property; and all questions
arising out of sub claims or demands shall be
decided by the Laws of the country wherein the
said citizens mayhaTe died. It is understood
nevertheless, tina If no claim Or demand shall
nave been made against the effects and prop
rty of an indiviGuaF 90 deceased, the consuli
Cr vice consuls, a the expiration of the twelvt
elendar months, may close the estate and dis
Jose OF the effects and property in accordance
With the instructions from their own Govern
nents.
Article XXXVn.
As a conseuuenOe Of the principles of equality
herein established in virtue Of which the ctti
zsns of each oneof the high contracting par
ties enjoy in the territory of the other the SAINT
rights as natives, md receive from the respec
tive Governments he same protection in theil
persons and proprty, It is declared that only
incase that such protection should be denied
on account of the fct that the claims preferred
have not been promptly attended TO by thu
legal aI,thOriG-s Or that manifest injustice
has been done bysuch authorities, and ate
all the legal means have been exhausted, thel
alone shall diplomatic Intervention take place
Article XXXVU.
IThe United State of America and the Repub
lie Of Peru, desiringto make as durable as pos
sibe the relations established between the twt
parties in virtue Of this treaty Of friendship
commerce, and Navigation, declare solemn!
and agree as follow:
list. The present treaty shall remain in force
for the term Of ten years from the day Of tn
exchange of the affiliations thereof, ant
further until the ent Of one year after either Q
the high contracting parties shall have give,
notice to the other VI its intention to terminal
the same, each Of item reserving to itself tn
right Of giving such notice TO the other at tn
end Of the said tern Of ten years. And it /
hereby agreed between the parties that, on tn
expiration Of one year after such notice shall
have been received " either Of them from tn
other marty a above mentioned this treat