Obrázky stránek
PDF
ePub

PERU.

18.11.

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 3, 1847. (Treaties and Conventions, 1889, p. 850.)

By this convention Peru agreed to pay to the United States in settlement of claims which had been presented by citizens of the United States the sum of $300,000. The claims 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. (Treaties and Conventions, 1889, p. 852.)

This treaty, consisting of forty articles, was terminated December 9, 1863, upon notice given by Peru.

1856.

CONVENTION DECLARING THE PRINCIPLES OF THE RIGHTS OF

NEUTRALS AT SEA.

Concluded July 22, 1856; ratification advised by the Senate March 12,

1857; ratified by the President October 2, 1857; ratifications exchanged October 31, 1857; proclaimed November 2, 1857. (Treaties and Conventions, 1889, p. 864.)

ARTICLES.

I. Principles of neutral property | III. Extension of nentral rights. rights.

IV. Accession of other countries. II. Former treaty provisions annulled. I V. Duration; ratification,

The United States of America, and the Republic of Peru, in order to render still more intimate their relations of Friendship and good understanding, and desiring, for the benefit of their respective commerce and that of other nations, to establish an uniform system of maritime legislation, in time of war, in accordance with the present state of civilization, have resolved to declare, by means of a formal Convention, the principles which the two Republics acknowledge, as the basis of the rights of neutrals at sea, and which they recognize and profess as permanent and immutable, considering them as the true and indispensable conditions of all freedom of navigation and maritime commerce and trade.

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

have agreed upon and concluded the following Articles.

ARTICLE I.

The two High Contracting Parties recognize as permanent and immutable the following principles.

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 engaged 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.

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 of this Convention, by a formal declaration, stipulating to observe them, shall enjoy the rights resulting from such 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.

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.

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

[SEAL. J. M. SEGUIN

[SEAL.]

1857. CONVENTION INTERPRETING ARTICLE XII, TREATY OF 1851.

(Whaling ships.) Concluded July 4, 1857; ratification advised by the Senate April 30,

1858; ratified by the President May 7, 1858; ratifications exchanged October 13, 1858; proclaimed October 14, 1858. (Treaties and Conventions, 1889, p. 866.)

By this convention amendment was made to Article XII of the Treaty of 1851 in respect to the supplies to whaling ships. The convention terminated December 9, 1863, with the Treaty of 1851.

1862.

CLAIMS CONVENTION.

Concluded December 20, 1862; ratification advised by the Senate

February 18, 1863; ratified by the Presillent February 24, 1863; ratifications exchanged April 21, 1863; proclaimed May 19, 1863. (Treaties and Conventions, 1889, p. 868.)

The claims presented against Peru by the United States for the alleged illegal capture of the vessels Lizzie Thompson and Georgianna were by this convention referred to the arbitration of the King of Belgium, who declined to act, and the cases were dropped.

PERU—JAN. 12, 1863; DEC. 4, 1868; SEPT. 6, 1870; SEPT. 12, 1870.

629

CLAIMS CONVENTION.

Concluded January 12, 1863; ratification advised by the wenate with

amendment February 18, 1863; ratified by the President February 24, 1863; ratifications exchanged April 18, 1863; proclaimed May 19, 1863. (Treaties and Conventions, 1889, p. 870.) By this convention of ten articles a commission of five was authorized, which met at Lima July 17, 1863, and completed their duties November 27, 1863. The awards against the United States were $25,300, and against Peru $57,196.23.

1868.

CLAIMS CONVENTION. Concluded December 4, 1868; ratification advised by the Senato, April

i5, 1869; ratified by the President May 3, 1869; ratifications erchanged June 4, 1869; proclaimed July 6, 1869. (Treaties and Conventions, 1889, p. 872.)

This convention provided for the adjudication of mutual claims by two commissioners, who each selected an umpire. The commission met at Lima September 4, 1869, and adjourned February 26, 1870. The awards against the United States were $57,040, and against Peru $194,417.62.

1870.

TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION.

Concluded September 6, 1870; ratification advised by the Senate March

31, 1871; ratified by the President April 11, 1871; time for exchange of ratifications extended June 5, 1873; ratifications exchanged May 28, 1874; proclaimed July 27, 1874. (Treaties and Conventions, 1889, p. 876.)

This treaty of thirty-eight articles terminated on notice given by Peru March 31, 1886. See Treaty of 1887, p. 630.

1870.a

EXTRADITION TREATY. Concluded September 12, 1870; ratification advised by the Senate March

31, 1871; ratified by the President April 11, 1871; time for exchange of ratifications extended June 5, 1873; ratifications exchanged May 28, 1874; proclaimed July 27, 1874. (Treaties and Conventions, 1889, p. 888.)

This treaty of ten articles terminated March 31, 1886, on notice given by Peru.

a Federal cases: Ker v. Illinois, 119 U. S., 436; Ex parte Ker, 18 Fed. Rep., 167.

1887. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded August 31, 1887; ratification advised by the Senate with

amendment May 10, 1888; ratified by the President June 6, 1888; ratifications exchanged October 1, 1888; proclaimed November 7, 1888. (Treaties and Conventions, 1889, p. 1191.)

This treaty, containing thirty-five articles, terminated November 1, 1899, by notification from Peru, October 8, 1898.

1899.

EXTRADITION TREATY.

Concluded November 28, 1899; ratified by the Senate February 8, 1900;

ratified by the President November 23, 1900; ratifications exchanged January 23, 1901; proclaimed January 29, 1901. (U. S. Stats., vol. 31, p. 1921.)

ARTICLES. I. Delivery of accused.

VIII. Extradition deferred. II. Extraditable crimes.

IX. Prior offenses. III. Procedure.

X. Property seized with fugitive. IV. Provisional detention.

XI. Persons claimed by other counV. Nondelivery of citizens.

tries. VI. Political offenses. VII. Limitations.

XIII. Duration; ratification.

The United States of America and the Republic of Peru, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Peru, and have appointed for that purpose the following

The President of the United States of America, Irving B. Dudley, Envoy Extraordinary and Minister Plenipotentiary of the United States to Peru, and

The President of Peru, His Excellency Doctor Manuel María Gálvez, Minister for Foreign Relations of Peru, who, after having communicated to each other their respective full power, found in good and due form, have agreed upon and concluded the following articles:

ARTICLE I.

mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes and offenses specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had been there committed.

« PředchozíPokračovat »