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CONVENTION WITH PERU, RESPECTING CLAIMS. CONCLUDED MARCH 17, 1841 ; PROCLAIMED FEBRUARY 21, 1844, AND JANUARY 8, 1847.*
The United States of America and tbe Republic of Peru, desirous of consolidating permanently the good understanding and commiTMTMTM»». friendship now happily existing between the parties, have v1"1"*1 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 Stalls has appointed James C. Pickett, Charge 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 followiug articles:
The Peruvian Government, in order to make full satisfaction for various claims of citizens of the United States, on account r,mu,vjv«iui of seizures, captures, detentions, sequestrations, and con- S""TM*3""**1 liscations 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.
*The reason why this treaty was proclaimed twice will appear in the followiug extract from the second proclamation of it, viz:
"And whereas the seventh article of the said convention required that the ratifications of the contractipg parties should be exchanged within two years from its date, which provision was uot 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 Baid 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, 1846, and the interest on this annual sum, according to Article III, should be calculated and paid from the 1st of January, 1842; 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 Kio, on the part of the Republic of Peru: Now, therefore, be it known," &c Article II.
The sum of three hundred thousand dollars, which the Government Toi»p.ij m i>. of Peru has agreed to pay, in the preceding article, shall be .unuiuMaimou. 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 lirst 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.
The Peruvian Government agrees also to pay interest on the beforomentioned 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 hnadred and forty-two^
All the annual payments made on account of the three hundred thouTob.P.id mi»tj sand dollars, shall be paid in hard dollars of the same doii.TM standard and value as those now coined at the mint in Lima;
and the annual payments, as well as the accruing interest, may be exported from Peru, free of all duty whatever.
There shall not be demanded of the Government of Peru any other payment or indemnification, on account of any claim of the fnrN"£m^^TMt',!d citizens of the United States, that was presented to it by "'' Samuel Lamed, esquire, when Charge d'Affaires of the
United States near Peru. But the claims subsequent to those presented by Mr. Lamed to the Government of Peru shall be examined and acted upon hereaf ter.
It is further agreed, that the Peruvian Government shall have the op.Km.iwithP.nl option of paying each annual instalment, when it is due, o,sTom"h'ou«'«c»° with orders on the custom-house at Gallao, 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 Uuited 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.
This convention shall be ratified by the contracting parties, aud 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.
TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES AND TERU. CONCLUDED JULY 26, 1851; RATIFICATIONS EXCHANGED JULY 10, 1852; PROCLAIMED JULY 19, 1852.
[This treaty terminated December 9, 1833, in virtue of notice given by Peru a year previously uudcr Article XL.]
The United States of America aud the Republic of Peru, being equally animated with the desire to render firm and permanent the peace aud friendship which have always so happily sub- 'r sisted between them, and to place their commercial relations upon the most liberal basis, have resolved to fix clear and precise rules which shall in future be religiously observed between the two nations by means of a treaty of friendship, commerce, and navigation.
To attain this desirable object, the President of the United States of America has conferred full powers on John Randolph Clay, the accredited Charge" d'Affaires of the said States to the Government of Peru, and the President of the Republic of Peru has conferred like full powers on Brigadier General Don Juan Crisostomo Torrico, Minister of War and the Marine, Minister of Foreign Affairs ad interim, &c, &c.; who, after exchanging their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles:
There shall be perfect aud perpetual peace and friendship between the United States of America and the Republic of Peru, and sl»,.orp^„ pro. between their respective territories, people, aud citizens, ,Mtmwithout distinction of persons or places.
The United States of America and the Republic of Peru mutually agree that there shall be reciprocal liberty of commerce and Tr^am „, „,„. navigation between their respective territories and citizens; m"rc*the citizens of either republic may frequent with their vessels all the coasts, ports, and places of the other, wherever foreign commerce is permitted, and reside in all parts of the territories of either, and occupy dwellings and warehouses, and everything belonging thereto shall be respected and shall not be subjected to any arbitrary visits or search.
The • said citizens shall have full liberty to trade in all parts of the territories of either, according to the rules established by the respective regulations of commerce, in all kinds of *fn.i of i-uh^r nation goods, merchandise, manufactures, and produce not pro-" °lb"
hibited to all, and to open retail stores and shops, under the same municipal and police regulations as native citizens; and they shall not in this respect be liable to any other or higher taxes or imposts than those •which are or may be paid by native citizens. No examination or inspection of their books, papers, or accounts shall be made without the legal order of a competent tribunal or judge.
The citizens of either country shall also have the unrestrained right to travel in any part of the possessions of the other, and shall in all cases enjoy the same security and protection as the natives of the country wherein they reside, on condition of their submitting to the laws anil ordinances there prevailing; they shall not be called upon for any forcejtl loan or occasional contribution, nor shall they be liable to any embargo, or to be detained with their vessels, cargoes, merchandise, goods, or effects, for any military expedition, or for any public purpose whatsoever, without being allowed therefor a full and sufficient indemnification, which shall in all cases be agreed upon and paid in advance.
The two high contracting parties hereby bind and engage, themselves Mtion t» not to giant any favor, privilege, or immunity whatever, in TxL'm^t iavo,'«nS matters of commerce and navigation, to other nations, which shall not be also immediately extended to the citizens of the other contracting party, who shall enjoy the same, gratuitously, if the concession shall have been gratuitous, or on giving a compensation as nearly as possible of proportionate value and effect, to be adjusted uy mutual agreement, if the concession shall have been conditional.
No higher or other duties or charges on account of tonnage, liglitD«t»t on «^ houses, or harbour dues, pilotage, quarantine, salvage iu case „,< loci <j»,„<* of damage or shipwreck, or any other local charges, shall be imposed in any ports of Peru on vessels of the United States, of the burden of two hundred tons and upwards, than those payable in the same ports by Peruvian vessels of the same burden; nor in any of the ports of the United States by Peruvian vessels of the burden of two hundred tons and upwards, than shall be payable in the same ports by vessels of the United States of the same burden.
All kinds of merchandise and articles of commerce which may be comnKiroi pro- lawfully imported into the ports and territories of either of the high contracting parties in national vessels may also be so imported iu vessels of the other party, without paying other or higher duties and charges of any kind or denomination whatever than if the same merchandise and articles of commerce were imported in national vessels; nor shall any distinction be made in the manner of making payment of the said duties or charges.
it is expressly understood that the stipulations in this and the preceding article are to their full extent applicable to the vessels and their cargoes belonging to either of the high contracting parties arriving in the ports and territories of the other, whether the said vessels have cleared directly from the ports of the country to which they appertain, or from the ports of any other nation.
No higher or other duties or charges shall he imposed or levied upon the importation into tbe ports and territories of either of the high contracting parties of any article the produce, °" growth, or manufacture of the other party, than are or shall be payable on the like article being the produce, growth, or manufacture of any other country; nor shall any prohibition be imposed upon the importation of any article the produce, growth, or manufacture of either party into the ports or territories of the other, which shall not equally extend to all other nations.
Article VII. .
All kinds of merchandise and articles of commerce which may be lawfully exported from the ports and territories of either of the high contracting parties in national vessels may also bo ex- d.Wr?iLTM"°.»",!"^t ported in vessels of the other party; and they shall be subject to the same duties only, and bo entitled to the same drawbacks, bounties, and allowances, whether the same merchandise and articles of commerce be exported in vessels of the one party or in vessels of the other party.
No changes or .alterations in the tariffs of either of the high contracting parties, augmenting the duties payable upon merchandise cw^m dun.., or articles of commerce of any sort or kind imported into "»•■«•«•»••»•«■' or exported from their respective ports, shall be held to apply to the commerce or navigation of either party, until the expiration of eight calendar months after the said changes or alterations shall have been promulgated and become a law, unless the law or decree by which such changes or alterations shall be made contain a prospective provision to the same or similar effect.
It is hereby declared that the stipulations of the present treaty are not to be understood as applying to the navigation and vn,,,,,,,, lo . coasting trade between one port and another situated in the territories of either contracting party; the regulation of such navigation and trade being reserved, respectively, by the parties, according to their own separate laws.
Vessels of either country shall, however, be permitted to discharge part of their cargoes at one port open to foreign commerce ^ w ,ait in the territories of either of the high contracting parties, •«ce»iTM*"«■ and to proceed with the remainder of their cargo to any other port or ports of the same territories open to foreign commerce, without paying other or higher tonnage-dues or port-charges in such cases than would be paid by national vessels in like circumstances: and they shall be permitted to load in like manner at different ports in the same voyage outwards.
The Republic of Peru, desiring to increase the intercourse along its coasts, by means of steam navigation, hereby engages to PtOYi,i„„ „ „ accord to any citizen or citizens of the United States who •"»■"■'«*• may establish a line of steam-vessels, to navigate regularly between the