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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 unreasonably 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. SAMUEL LARNED. J. GARCIA DEL RIO.

[SEAL.]

SEAL.

PERU.
1841.

CLAIMS CONVENTION.

Concluded March 17, 1841; ratification advised by the Senate January 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.

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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, 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 Rio, on the part of the Republic of Peru: Now, therefore, be it known," &c.

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 in 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 se

cured 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.] [SEAL.]

J. C. PICKETT.
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 $421,432.41.

1851.o

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.

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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.

peace and friendship which have always so happily subsisted 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 Chargé 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:

ARTICLE I.

There shall be perfect and perpetual peace and friendship between the United States of America and the Republic of Peru, and between their respective territories, people, and citizens, without distinction of persons or places.

ARTICLE II.

The United States of America and the Republic of Peru mutually agree that there shall be reciprocal liberty of commerce and navigation between their respective territories and citizens; 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 goods, merchandise, manufactures, and produce not prohibited 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 and ordinances there prevailing; they shall not be called upon for any forced 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 there for a full and sufficient indemnification, which shall in all cases be agreed upon and paid in advance.

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