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obliged to pay on account of commerce, or their property, and from which the citizens of their respective country, resident in the other, are not exempt, in virtue of the stipulations contained in this treaty; they being, in everything besides, subject to the laws of the respective States. The archives, and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrate or other person seize or in any way interfere with them.

ARTICLE XXVIII.

The said Consuls and Vice-Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the public and private vessels of their country; and for this purpose they shall address themselves to the courts, judges, or officers competent, and shall demand the said deserters in writing, proving, by an exhibition of the ship's roll or other public document, that the men so demanded are part of the crew of the vessel from which it is alleged they have deserted; and on this demand, so proved, (saving, however, when the contrary is more conclusively proved,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of the said Consuls or ViceConsuls, and may be put in the public prisons, at the request and expense of those who reclaim them, to be sent to the ships to which they 'belong, or to others of the same nation; but if they should not be so sent within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same

cause.

ARTICLE XXIX.

For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree to form, as soon hereafter as may be mutually convenient, a consular convention, which shall declare, specially, the powers and immunities of the Consuls and Vice-Consuls of the respective parties.

ARTICLE XXX.

The United States of America, and the Peru-Bolivian Confederation, desiring to make as durable as circumstances will permit the relations which are established between the two parties in virtue of this treaty, or general convention of peace, friendship, commerce, and navigation, have declared solemnly, and do agree, as follows:

1st. The present treaty shall be in force for twelve years from the day of the exchange of the ratifications thereof; and, further, until the end of one year after either of the contracting parties shall have given notice to the other of its intention to terminate the same, each of them reserving to itself the right of giving such notice to the other, at the end of said term of twelve years. And it is hereby agreed between the parties that, on the expiration of one year after such notice shall have been received by either of them from the other, as above mentioned, this treaty shall, in all the points relating to commerce and navigation, altogether cease and determine; and in all those parts which relate to peace and friendship, it shall be permanently and perpetually binding on both Powers.

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2ndly. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen or citizens shall be held personally responsible therefor, and the harmony and good correspondence between the two nations shall not be interrupted thereby; each party engaging in no way to protect the offender or offenders, or to sanction such violence, under pain of rendering itself liable for the consequences thereof.

3rdly. If, (which, indeed, cannot be expected,) unfortunately, any of the stipulations contained in the present treaty shall be violated or infringed in any other way whatever, it is expressly covenanted and agreed, that neither of the contracting parties will order, or authorize, any act of reprisals, nor declare or make war against the other, on complaint of injuries or damages resulting therefrom, until the party considering itself aggrieved shall first have presented to the other a statement or representation of such injuries or damages, verified by competent proofs, and have demanded redress and satisfaction, and the same shall have been either refused or unrea

easonably delayed.

4thly. Nothing in this treaty contained shall, however, be construed to operate contrary to former and existing public treaties with other states or sovereigns.

The present treaty of peace, friendship, commerce, and navigation shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Supreme Protector of the north and south Peruvian States, President of the Republic of Bolivia, encharged with the direction of the foreign relations of the Peru-Bolivian Confederation; and the ratifications shall be exchanged within eighteen months from the date of the signature hereof, or sooner if possible.

In faith whereof we, the Plenipotentiaries of the United States of America and the Peru-Bolivian Confederation, have signed and sealed these presents.

Done in the city of Lima on the thirtieth day of November, in the year of our Lord one thousand eight hundred and thirty-six. (SEAL.]

SAMUEL LARNED. SEAL.

J. GARCIA DEL RIO.

PERU.

1841..

CLAIMS CONVENTION.

Concluded March 17, 1841; ratification advised by the Senate Janu

ary 5, 1843; ratified by the President January 12, 1843; ratification exchanged July 22, 1843; proclaimed February 21, 1844; modification consented to and time for exchange of ratifications extended by the Senate May 29, 1846; ratifications again exchanged October 31, 1846; proclaimed January 8, 1847.

ARTICLES.

I. Payment by Peru.
II. Manner of payment.
III. Interest.
IV. Payment in hard dollars.

V. No further demand for claims

presented.
VI. Payment by orders on custom

house.
VII. Ratification.

The United States of America and the Republic of Peru, desirous of consolidatiing permanently the good understanding and friendship now happily existing between the parties, have resolved to arrange and terminate their differences and pretensions, by means of a convention that shall determine exactly the responsibilities of Peru with respect to the claims of certain citizens of the United States against her:

And with this intention, the President of the United States has appointed James C. Pickett, Chargé d'Affaires of said States near Peru, and His Excellency the President of the Republic of Peru has appointed Don Manuel del Rio, principal officer of the Department of Finance, Acting Minister of the same Department and Supernumerary Councillor of State;

And both Commissioners, after having exchanged their powers, have agreed upon and signed the following articles:

. The reason why this treaty was proclaimed twice will appear in the following extract from the second proclamation of it, viz:

“And whereas the seventh article of the said convention required that the ratifications of the contracting parties should be exchanged within two years from its date, which provision was not observed by the said parties owing to delays in the ratification rendering such exchange impracticable within the time stipulated; and whereas it appears that the duly constituted authorities of the Republic of Peru did, on the 21st of October, 1845, by law, approve in all respects the said convention, with the condition, however, that the first annual instalment of thirty thousand dollars on account of the principal of the debt recognised thereby, and to which the second article relates, should begin from the 1st of January, 1816, and the interest on this annual sum, according to Article III, should be calculated and paid from the 1st of January, 1812; and whereas the said convention and the aforesaid modification thereof have been duly ratified, and the respective ratifications of the same were exchanged in the city of Lima on the 31st day of October last, by Albert G. Jewett, on the part of the United States, and Manuel del Rio, on the part of the Republic of Peru: Now, therefore, be it known," &c.

1386

ARTICLE I. The Peruvian Government, in order to make full satisfaction for various claim of citizens of the United States, on account of seizures, captures, detentions, sequestrations, and confiscations of their vessels, or for the damage and destruction of them, of their cargoes, or other property, at sea, and in the ports and territories of Peru, by order of said Government of Peru, or under its authority, has stipulated, to pay to the United States, the sum of three hundred thousand dollars, which shall be distributed among the claimants, in the manner and according to the rules that shall be prescribed by the Government of the United States.

ARTICLE II. The sum of three hundred thousand dollars, which the Government of Peru has agreed to pay, in the preceding article, shall be paid at Lima, in ten equal annual instalments of thirty thousand dollars each, to the person or persons that may be appointed by the United States to receive it. The first instalment shall be paid on the first day of January, in the year one thousand eight hundred and fortyfour, and an instalment on the first day of each succeeding January, until the whole sum of three hundred thousand dollars shall be paid.

ARTICLE III. The Peruvian Government agrees also to pay interest on the beforementioned sum of three hundred thousand dollars, at the rate of four per centum per annum, to be computed from the first day of January, one thousand eight hundred and forty-two, and the interest accruing on each instalment shall be paid with the instalment. That is to say, interest shall be paid on each annual instalment, from the first day of January, one thousand eight hundred and forty-two.

ARTICLE IV. All the annual payments made on account of the three hundred thousand dollars, shall be paid in hard dollars of the same standard and value as those now coined at the mint Lima; and the annual payments, as well as the accruing interest, may be exported from Peru, free of all duty whatever.

ARTICLE V. There shall not be demanded of the Government of Peru any other payment or indemnification, on account of any claim of the citizens of the United States, that was presented to it by Samuel Larned, esquire, when Chargé d'Affaires of the United States near Peru. But the claims subsequent to those presented by Mr. Larned to the Government of Peru shall be examined and acted upon hereafter.

ARTICLE VI. It is further agreed, that the Peruvian Government shall have the option of paying each annual instalment, when it is due, with orders on the custom-house at Callao, which shall be endorsable in sums of any amount, and receivable in the Treasury, as cash, in payment of duties on importations of all kinds; and the orders shall be given in such a manner as, that in case similar orders shall be at a discount in the market, the full value of each annual payment shall be secured and made good to the United States, as though it had been paid in cash at the time of its falling due; and any loss occasioned by discount, or delay in the collection, shall be borne and made good by the Peruvian Government.

ARTICLE VII. This convention shall be ratified by the contracting parties, and the ratifications shall be exchanged within two years from its date, or sooner if possible, after having been approved by the President and Senate of the United States, and by the Congress of Peru.

In witness whereof, the respective Commissioners have signed the same, and affixed thereto their seals. Done in triplicate at the city of Lima, this seventeenth day of March, in the year of our Lord one thousand eight hundred and forty-one. [SEAL.]

J. C. PICKETT. SEAL.

MANUEL DEL Rio.

The claims referred to in the foregoing treaty were adjudicated by the Attorney-General, and the final report was made August 7, 1847, allowing claims amounting to $121,432.41.

1851.. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded July 26, 1851; ratification advised by the Senate June 23,

1852; ratified by the President July 16, 1852; ratifications exchanged July 16, 1852; proclaimed July 19, 1852.

ARTICLES.
I. Amity.

XX. Religious liberty.
II. Freedom of commerce.

XXI. Trade with enemies.
III. Most favored nation.

XXII. Neutral goods. IV. Discrimination in duties on XXIII. Contraband. vessels.

XXIV. All other goods free. V. Discrimination on account of XXV. Cargo not contraband. nationality of vessels.

XXVI. Blockades and sieges. VI. Discrimination on account of XXVII. Search. nationality of imports.

XXVIII. Navigation in war.
VII. Discrimination on exports.

XXIX. Vessels under convoy.
VIII. Change of duties to take effect. XXX. Prize cases.
IX, Coasting trade.

XXXI. War with other nations.
X. Steam vessels.

XXXII. Rights in war. XI. Peruvian vessels.

XXXIII. Property not to be confisXII. Whaleships.

cated. XIII. Reciprocal privileges of citi- XXXIV. Rights of envoys. zens in business.

XXXV. Consuls. XIV. Mining privileges.

XXXVI. Exemptions of consuls. XV. Disposition of property.

XXXVII. Deserters. XVI. Shipwrecks.

XXXVIII. Consular convention. XVII. Asylum for vessels.

XXXIX. Property of deceased citiXVIII. Property recaptured from pi

zens. rates.

XL. Duration; ratification. XIX. Protection to persons and

property. The United States of America and the Republic of Peru, being equally animated with the desire to render firm and permanent the

. This treaty was terminated December 9, 1863, upon notice given by Peru.

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