and indispensable conditions of all freedom of navigation and maritime commerce and trade. Negotiators. For this purpose the President of the United States of America has conferred full powers on John Randolph Clay, their Envoy Extraordinary and Minister Plenipotentiary to the Government of Peru; and the Liberator President of the Republic of Peru has conferred like full powers on Don José Maria Seguin, Chief Officer of the Ministry of Foreign Affairs, in charge of that Department; Who, after having exchanged their said full powers, found to be in good and due form, have agreed upon and concluded the following articles: ARTICLE I. The two high contracting parties recognize as permanent and immutable the following principles: Rights of neutrals at sea 1st. That free ships make free goods; that is to say, that the effects or merchandise belonging to a Power or nation at war, or to its citizens or subjects, are free from capture and confiscation when found on board of neutral vessels, with the exception of articles contraband of war. 2d. That the property of neutrals on board of an enemy's vessel is not subject to detention or confiscation, unless the same be contraband of war; it being also understood that, as far as regards the two contracting parties, warlike articles destined for the use of either of them shall not be considered as contraband of war. The two high contracting parties engage to apply these principles to the commerce and navigation of all Powers and States as shall consent to adopt them as permanent and immutable. ARTICLE II. It is hereby agreed between the two high contracting parties that the provisions contained in article twenty-second of the treaty concluded between them at Lima on the twenty-sixth day of July, one thousand eight hundred and fifty-one, are hereby annulled and revoked, in so far as they militate against or are contrary to the stipulations contained in this convention; but nothing in the present convention shall in any manner affect or invalidate the stipulations contained in the other articles of the said treaty of the twenty-sixth of July, one thousand eight hundred and fifty-one, which shall remain in their full force and effect. ARTICLE III. The two high contracting parties reserve to themselves to come to an ulterior understanding, as circumstances may require, with regard to the application and extension to be given, if there be any cause for it, to the principles laid down in the first article; but they declare from this time that they will take the stipulations contained in the said article as a rule, whenever it shall become a question, to judge of the rights of neutrality. Nations acceding ARTICLE IV. It is agreed between the two high contracting parties that all nations which shall consent to accede to the rules of the first article to these rules shall of this convention by a formal declaration, stipulating to observe them, shall enjoy the rights resulting from such enjoy the resulting rights. accession as they shall be enjoyed and observed by the two parties signing this convention. They shall communicate to each other the result of the steps which may be taken on the subject. ARTICLE V. Ratifications. The present convention shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate of said States, and by the President of the Republic of Peru, with the authorization of the legislative body of Peru, and the ratifications shall be exchanged at Washington within eighteen months from the date of the signature hereof, or sooner if possible. In faith whereof, the Plenipotentiaries of the United States of America and the Republic of Peru have signed and sealed these presents. Signatures Done at the city of Lima on the twenty-second day of July, in the year of our Lord one thousand eight hundred and fifty-six. J. RANDOLPH CLAY. J. M. SEGUIN. [L. S. L. S. PERU, 1857. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF FERU, INTERPRETING THE TWELFTH ARTICLE OF THE TREATY OF JULY 26, 1851. SIGNED AT LIMA JULY 4, 1857; RATIFICATIONS EXCHANGED AT WASHINGTON OCTOBER 13, 1858; PROCLAIMED OCTOBER 14, 1858. Certain doubts having arisen with regard to the interpretation to be given to article twelfth of the treaty of the 26th of July, 1851, as to the goods, other than oil and the produce of their fishery, that the whale-ships of the United States may land and sell, or barter, duty free, for the purpose of obtaining provisions and refitting; a concession which, in articles eighty-one and one hundred and ten of the General Commercial Regulations, is not so extensive; and it being convenient, for the advantage of the citizens of the United States employed in the whale fishery, and of the citizens of Peru, who furnish provisions, to fix, clearly and definitively, the proper meaning of the concessions stipulated in the abovementioned article twelfth of the treaty of the 26th of July, 1851, so that while those reciprocal benefits are secured, all and every controversy in the matter may be avoided: Negotiators. The Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Republic of Peru, John Randolph Clay, in virtue of his full powers, and His Excellency Doctor Don Manuel Ortiz de Zevallos, Minister of Foreign Affairs of the Republic of Peru, fully authorized to act in the premises by the Excellent Council of Ministers charged with the Government of the Republic, after having held repeated conferences, an come to a mutual understanding upon the true spirit and extent of the exemption from duties. conceded to the said whale-ships in the sale and barter of their stores and merchandise, by article twelfth of the treaty of 1851, which provides: "ARTICLE XII. "The whale-ships of the United States shall have access to the port of Tumbez as well as to the ports of entry of Peru, and may sail from one port to another for the purposes of refreshment and refitting, and they shall be permitted to sell or barter their supplies or goods, including oil, to the amount of two hundred dollars, ad valorem, for each vessel, without paying any tonnage or harbor dues, or any duties or imposts upon the articles so sold or bartered. They shall be also permitted, with like exemption from tonnage and harbor dues, further to sell or barter their supplies or goods, including oil, to the additional amount of one thousand dollars, ad valorem, for each vessel, upon paying for the said additional articles the same duties as are payable upon like supplies or goods and oil when imported in the vessels and by the citizens or subjects of the most favored nations:" Have agreed and declared: ARTICLE I. Extent of exemp That the permission to the whale-ships of the United States to barter or sell their supplies and goods to the value of two hundred tion of whale-ships dollars ad valorem, without being obliged to pay port or from duty. tonnage dues, or other imposts, should not be understood to comprehend every kind of merchandise without limitation, but those only that whale-ships are usually provided with for their long voyages. ARTICLE II. That in the said exemption from duties of every kind are included the following articles, in addition to the produce of their fishery, viz: Articles exempted. Enumerated arti It is also agreed upon and understood between the contracting parties, that the whale-ships of the United States may land and sell or cles to the value of barter, free of all duties or imposts whatsoever, the supplies $500 free of duty. and merchandise specified in the preceding article, to the amount of five hundred dollars, ad valorem, in conformity with article 81 of the General Commercial Regulations; but for every additional quantity from five hundred dollars to one thousand dollars, ad valorem, the exemption shall only extend to port and tonnage dues. ARTICLE IV. The stipulations in this convention shall have the same force and effect as if inserted, word for word, in the treaty concluded in Lima on the 26th of July, 1851, and of which they shall be deemed and considered as explanatory. For which purpose the present convention 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 Executive Power of the Republic of Peru, with the authorization of the national Peruvian legislature; and the ratifications shall be exchanged in Washington in as short a time as possible. In faith whereof, the above-named plenipotentiaries have signed, in quadruplicate, this convention, explanatory of the treaty of the twentysixth of July, one thousand eight hundred and fifty-one, and have hereunto affixed their seals. Done at Lima, the fourth day of July, in the year of our Lord one thousand eight hundred and fifty-seven. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PERU, RESPECTING THE "LIZZIE THOMPSON " AND "GEORGIANA." CONCLUDED AT LIMA DECEMBER 20, 1862; RATIFICATIONS EXCHANGED AT LIMA, APRIL 21, 1863; PROCLAIMED MAY 19, 1863. of the Lizzie ard cision of some friend Whereas differences having arisen between the United States of America and the Republic of Peru, originating in the cap- Claims upon Peru ture and confiscation by the latter of two ships belonging to for the capture, &c. citizens of the United States, called the "Lizzie Thompson" Thompson Georgiana to be and "Georgiana;" and the two Governments not being able to referred to the decome to an agreement upon the questions involved in said ly power capture and confiscation, and being equally animated with the desire to maintain the relations of harmony which have always existed, and which it is desirable to preserve and strengthen between the two Governments, have agreed to refer all the questions, both of law and fact, involved in the capture and confiscation of said ships by the Government of Peru, to the decision of some friendly Power; and it being now expedient to proceed to and regulate the reference as above described, the United States of America and the Republic of Peru have for that purpose named their respective Plenipotentiaries, that is to say: Plenipotentiaries, The President of the United States has appointed Christopher Robinson, their Envoy Extraordinary and Minister Plenipotentiary to Peru, and the President of Peru Dr. José Gregorio Paz Soldan, Minister of State in the office of Foreign Relations and President of the Council of Ministers; Who, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles: ARTICLE I. The two contracting parties agree in naming as arbiter, umpire, and The King of Bel- friendly arbitrator, His Majesty the King of Belgium, congium to be arbiter. ferring upon him the most ample power to decide and determine all the questions, both of law and fact, involved in the proceedings of the Government of Peru in the capture and confiscation of the ships "Lizzie Thompson" and "Georgiana." The King of Bel solicited to act arbiter. ARTICLE II. The two contracting parties will adopt the proper measures gium to be properly to solicit and obtain the assent of His Majesty the King of Belgium to act in the office hereby conferred upon him. After His Majesty the King of Belgium shall have declared his assent to exercise the office of arbiter, the two contracting parties will submit, Papers to be sub- through their diplomatic agents residing at Brussels, to His Majesty copies of all the correspondence, proofs, papers, and documents which have passed between the two Governments or their respective representatives; and should either party think proper to present to said arbiter any other papers, proofs, or documents in addition to those above mentioned, the same shall be communicated to the other party within four months after the ratification of this convention. mitted to him. Documents, &c., ARTICLE III. Both parties being equally interested in having a decision upon the questions hereby submitted, they agree to deliver to the to be submitted with Said arbiter all the documents referred to in the second article within six months after he shall have signified his consent to act as such. in six months. ARTICLE IV. The sentence or decision of said arbiter, when given, shall be final and conclusive upon all the questions hereby referred, and the contracting parties hereby agree to carry the same into immediate effect. Decision of arbiter to be final. ARTICLE V. This convention shall be ratified and the ratifications exchanged within six exchanged in the term of six months from the date Ratifications to be months. hereof. In faith whereof the Plenipotentiaries of the two Governments have signed and sealed, with their respective seals, the present convention. Signature. Done in the city of Lima, in duplicate, on the twentieth day of December, in the year of our Lord one thousand eight hundred and sixtytwo. CHRISTOPHER ROBINSON. [L .S.] [L. S.] |