THliEl A KHPUBIJCAN WEEKLY NEWS PAPER THE CENTRAL ORGAN OF THE PARTY. PUBLIsnEDEVKUY- THURSDAY", AT TWO DOULAItS A-YKAR.'IN ADVANCE. V. 31. HKOWX, Manager. pST' J on WortK executed at short no tice anJ In a style unsurpassed by any similar esfablishmentlritfioStatel HATES OP ADVERTISING : Ouo square, oue time, " . r - - $ 1 00 41 M two times, r .1 W " " three times,'- - ' 2 Otl Contract advertisements taken at proportionately low rates. THE ERA. OrFit'K intlieoltl "Standard" IJulM iiii;. ono square Sonth of the Court I'o.ise, Fayetteville Street. KATES OF SUBSCRIPTION: one year, - - - S2 00 Six month, - - - - 1 00 Three month, - 50 ry- Invariably in Advance THE ERA. VOL. IV. RALEIGH, N. C, THURSDAY, SEPTEMBER 10, 18 74. NO. 12. TIU'RSIJA V, SEPTKMHER JO, 17I. OFFICIAL T WIS OF Till: l'.MTi:i STATUS, 1 j PASSKD AT THE FIRST Hl-i- sioN eF THE FOKTY-THIR1) ton i ii: ess. '1 HF MY U KT W K E X T 1 1 E UNI TED STATES OF AMERICA AM) THE KKPUBL1C OF I'KIU. F I : X KX I H 1 1', M M EKCE, A N I) N A V 1CATION. Concluded September 0, 1S70. ILititiciition ud vised by Senate March :n, 171. ILitilied by President April 11, 171. K.itihel bv President of Peru May 174. Time for exchange of ratifications extended June , 1S7.. Ratifications exchanged at Lima 31 a v , I 71 . Proclaimed July 7, 1871. Tlx; time originally fixed for the cxrhange the ratifications having unavoidably elapsed, was extender I, hy a ftirmal agreement of the par ties, to November 9, 1S74, within which time that ceremony took place, in the usual form. i:v the president of the UNITED STATES OF AMERICA. A PROC LAMATION. Whereas a treaty of friendship, commerce, and navigation, between the CniU'd States of America and the Republic of Peru, wasconcluded and sigue-el by their respective Plen ipotentiaries at Lima on the sixth day of SentemU'r, in the year eigh teen hundretl and seventy, the orig inal of which treaty, being in the English ami Spanish languages, is, word lor word, as follows: Treaty of friendship, commerce, and navigation between the lnitcel States of America and the Republic of Peru. The United States of America and the Republic of Peru, being equally animated with the desire to render firm and permanent the p. ice and friendship which have h I ways so happily subsisted be tween them, and to place their commercial relations upon the most liU-ral basis, havo resolved to fix clear and precise rules, which t-hall in future bo religiously observed letwe n the two nations, by means of a treaty of friendship, commerce, and navigation. To attain this de sirable object, the President of the United States of America has con fern d full powers on Alvin 1 Ho vey, the accredited Envoy Extra ordinary and Minister Plenipoten tiary of the ald State to the Gov ernment of Peru ; anil the President of IVru has conferred like full pow ers um Doctor Jose Jorgo Loayza, Minister of Foreign Affairs; who, alter exchanging their respective full iKJwen, found to be in good and Inn? form, have agreed upon and c tiirludcd the following articles; A ux I CLE I. There shall le perfect and per petual pe:e and friendship be tween too United States of America and the Republic of Peru, and be tween their respective territories, HHtplc, and citizens, without dis tinction of persons and 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, orts, and places of the other, wherever for eign commerce is permitted, and reside in all parts of the territory of either, and occupy the dwellings and warehouses which they may n quire; and everything belonging H ereto shall be respecteel, and shall not be subjected to any arbitrary visits or search. The said citizens -hall have full liberty to trade in all parts tf the territories of either, according to the rules established by the resjeetive regulations of commereM, in all kinds of good, merchandise, manufactures, and produce not prohihiteel at all, and to open retail stores anil shops un der the same municipal and police regulations as native citizens; and they shall not in this respect be lia ble to any other or higher taxes or imsts than those which are or may 1h paid by native citizens. The citizens of either country shall also have the unrestrained right to travel in any part of the possessions ol the other, and shall in all erases enjoy the samo security and protec tion as the natives of the country w herein they reside, on condition of their submitting to the Uws and ordinances there prevailing; they hall not be called upon for any foree-d loan or extraordinary con trihution for any military expedi tion, or for any public purpose whatever, nor shall they be liable to any embargo, or bo tletained with their vessels, cargoes, mer chandise, goods, or effects, without being allowed therefor a full and sufficient indemnification, which shall in all cases be agrcexl upon and paid in advance. Article III. The two high contracting parties hereby bind and engage themselves not to grant any favor, privilege, or immunity whatever, in matters of commerce and navigation, to othe r nations, which shall not be immediately extended also 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 possi bio of proportionate value and tf le adjusted by mutual -nt, if the concession shall have been conditional. Akticle IV. mm a -m am ao nigner or otner duties, or charges on account of tonnage. light houses or harbor elucs, pilot age, quarantine, salvage in case of V. . 1 9 1 A eiamage or snipwrecK, or any omer local charcres. shall be im nosed in any ports of Peru, on vessels of the United States, than those payable in the same ports vessels ; nor in any tho United States by Peruvian of the ports of by Peruvian vessels, than shall the same ports by be payable in vessels of the United State's. Article V. All kinds of merchandise and ar- ticles of commerce which may be lawfully importeei into the ports and territories ot either of tho high contractine parties in national ves sels may also be so imported in vessels of the other party without paying other or higher duties or charges, of any kind or denomina tion whatever, than if the same merchandise and articles of com merce were importeei in national vessels; nor shall any distinction be matle in the manner of making ravment of the said duties or charges. It is expressly understood that the stipulations In this and the precedinir article are to their full extent applicable to the vessels, anel their careoes, belonging to either of tho high contracting par ties arriving in the ports and terri tories 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 otner nation. Article VI. No higher or other duties or charges shall be imposed or levieel .upon the importation into the ports and territories of either of the high contracting parties of any article, the prejduce, growth, or manufac ture of the other party, than are, or shall be, payable on the like ar ticle, being the produce, growth, or manufacture of any other country ; nor shall any prohibition be im- posed upon the importation or 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 ar ticles of commerce which may be I awfully exported from the ports mil tDrntnrina nffiithor nftiiAhffrh and territories of either of the high contracting parties in national ves sels, may also be exported in ves sels of-the other party; and they shall be subject to the same duties only, and be entitled to the same drawbacks, bounties, and allow ances, whether the same merchan dise and articles of commerce be exported in vessels of the one party or in vessels of the other party. Article VIII. It ii hereby declared that the stipulations of the present treaty are not to be understood as apply ing to the navigation anel 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 dis charge part of their cargoes at one port ojen to foreign commerce in the territories of either of the high contracting parties, 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 circum stances ; and they shall be permitted to load in like manner at different ports in the samo voyage outward. Article IX. The Republic of Peru, desiring to increase the intercourse along its coasts by means of steam naviga tion, hereby engages to accord ta any citizen or citizens of the United States, who may establish a line of steam vessels to navigate regularly between the different ports of entry within the Peruvian territories, the same privileges of taking in and laneling freight and cargo, entering the by-ports for tho purpose of re ceiving and landing passengers and their baggage, specie and bullion, carrying the public mails, establish ing depots for coal, erecting tho necessary machine and work shops for repairing and refitting the steam vessels, and all other favors enjoyed by any other association or company, whatsoever. It is furthermore un derstood between the two high con tracting parties that the steam ves sels of either shall not be subject in the ports of the other party to any duties of tonnage, harbor, or other similar duties whatsoever, than those that are or may bo paid by any other association or company. Article X. For the better understanding of the preceding articles, and taking into consideration the actual state of the commercial marine of Peru, it is stipulated and- agreed that every vessel belonging exclusively to a citizen or citizens of the said republic, and of which the captain is also a citizen of the same, though the construction or the crew is or may be foreign, shall be considered, for all of the objects of this treaty, as a Peruvian vessel. Article XI. The merchants, commanders, or masters of vessels, and other citi-, zens of either contracting party, shall bo wholly free to manage their own business and affairs in all the I 'ffit-t, agreeii ports and places within the ioris- eiiction of the other, or to commit their business aud afralrs to the management of any person whom they may choose to appoint as agent, iacior, consignee, or interpreter, They shall not be restrained in the choice of persons to act in such ca- pacities. or be compelled to pay anv salary or remuneration to any one whom they do not wish to employ, Aosoiute ireeaom snail be given, as wen witn respect to the consign- mem ana saie oi tneir merchandise and articles of commerce, as to the purchase or their returns, unload ing, loading, and sending off their vessels. The buyer and seller shall have full liberty to bargain together . o - and fix the price of any merchan dise or articles of commerce im- ported into or to be exported from the territories of either contracting party, the regulations of commerce esiaonsnea in tne respective coun tries being in every case duly ob served. Article XII. The citizens of either of the high contracting parties shall have the full power and liberty to dispose of tneir personal and real estate and effects of every kind and description, within the jurisdiction of the other, py sale, donation, testament, or otherwise ; and their heirs or repre sentatives, being citizens of the other party, shall succeed to the said per sonal and real estate and effects. whether by testament or ab intes- tato, and may take possession of the same themselves or by others acting f0r them, and dispose of the same at their pleasure, oavine- such dues only as the citizens of the country wherein said estate and effects may be shall be subject to pay in like cases. Article XIII. If any vessel oeionging to the citizens of either of the high con tracting parties should be wrecked, suffer damage, or be left derelict on or near the coasts, within the ter ritories of the other, all assistance and protection shall be given to such vessel and her crew ; and the vessel, or any part thereof, and all furniture and appurtenances De longing thereto, together with all the merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored to the owners or their agents, they paying only the ex penses incurred in the preservation of the property, together wiih the rate of salvage which would have ftfg. f tionai vessels , ana it snaii ue na- per mitted for them to unload the mer chandise and effects on board, with r. . " " : - I 1 V 111 I I I m - I ilia, ill ill. iv a alii...- . YZtSVfEzL "V? r !KVrr"r their illicit introduction, without exacting in such case anyluty, impost, or contribution whatever, provided the samo be exported. Article XIV. When through stress of weather, want ot water or provisions, pur suit of enemies or pirates, the ves sels of one of the high contracting parties, whether of war, (public or private,) or of trade, or employed in fishing, shall be forced to seen shel ter In the ports, rivers, bays, and do minions ol tho other, they shall be received and treated with human ltv; sufficient time shall be allowed for tho completion of repairs, and while any vessel may be undergoing them, its cargo shall not unneces sarily be required to be landed either in whole or in part ; all as sistance and protection .shall be given to enable .the. .vessels to pro cure supplies, and to place them in a condition to pursue their voyage without ohstacle or hindrance. Article XV. All vessels, merchandise, and ef fects belonging to the citizens of either of the high contracting par- ties, which may be captured by pi- rates either on the high seas or within the limits of its jurisdiction, and may be carried into or found in the rivers, roads, bays, ports, or dominions of the other, shall be de livered up to the owners or their agents, they proving, in due and proper form, their rights before the competent tribunals, it being under stood that the claim thereto shall be made within two years by the owners themselves, their agents, or the agents of the respective Gov ernments. Article XVI. The high contracting parties promise and engage to give full and perfect protection to the persons and property of tho citizens of each other, of all classes aud occupations, who may be dwelling or transient in the territories subject to their re spective jurisdiction ; they shall have free and open access to the tri bunals of justice for their judicial recourse, on tho same terms as are usual and customary with the na tives or citizens of the country in which they may be ; and they shall be at liberty to employ, in all causes, the advextes, attorneps, no taries, or agents, of whatever de scription, whom they may think E roper. The said citizens shall not e liable to imprisonment without formal commitment under a war rant signed by a legal authority, except in cases flagranti delicti; and they shall in all cases be brought before a magistrate or other legal authority for examination within twenty-four hours after arrest ; and if not so examined, the accused ohall forthwith bo discharged from cus tody. Said citizens, when detained . a a . A J J M in prison, shall be treated, during their imprisonment, with humani ty, and no unnecessary severity shall be exercised toward them. Article XVII. . It is likewise agreed that perfect and entire liberty , of conscience shall be enjoyed by the citizens of loth the contracting parties in the countries subject to the jurisdiction of the one or the other, without their being liable to be disturbed or molested on account of their re- ligious belief, so long as they re- spect the laws and established us ages of the country. Moreover, the bodies of the citizens of one of the contracting parties who mav die in the territories of the other shall be buried in the usual burvinererrounds or in other decent and suitable places, and shall be protected from violation or disturbance Article XVIII. The citizens of the United States of America and of the Republic of Prfu mav sfl Wlth ther vess.f3' I with on i f r f rrf 1 - m onil cr rw nri fir from any port to the ports or places of those who now are, or hereafter shall be, the enemies of either of the contracting parties, whoever may be the owners of the merchan dise laden in the said vessels. The same citizens shall also be allowed to sail with their vessels, and to carry and traffic with their mer chandise, from the ports and places of the enemies of both parties, or of one of them, without any hindrance not only to neutral ports and places, but also from one port belonging to an enemy to another enemy's port, whether they be under the jurisdic tion of one power or of several. And it is agreed that free ships shall give freedom to goods, and that every thing shall be deemed free which shall be found on board the vessels hpinno-ino- to tho nitizpna of Pirhpr of the contracting parties, although the whole lading, or a part thereof, should belonging to the enemies of either, articles contraband of war being always excepted. The same liberty shall be extended to persons who may be on board free ships, so that said persons cannot be taken out of them, even if they may be enemies of both parties, or oi one of them, unless they are officers or soldiers in the actual service of the enemy, it is agreed mat tne stip ulations in this article declaring that the flag shall cover the proper ty shall be understood as applying to those nations only who recognize this principle ; but if either of the contracting parties shall be at war with a third, and the other shall re- main neutral, the flag of the neutral shall cover the property of enemies whose governments acknowledge this principle, and not that of oth ers. Article XIX. When the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, in virtue of the preceding ar ucle. neutral property round on board enemies'" vessels shall like wise be considered as enemies' prop erty, and shall be subject to deten tion and confiscation, unless it shall have been put on board before the declaration of war, or, even after wards, if it were done without knowledge of such declaration ; but the contracting parties agree that lernorance cannot oe allowed alter tho lapse of six months from the declaration of war ; on the contrary in those cases where the flag of the neutral does not protect enemies' property which may be found on board, the goods or merchanefise of iUn - rmt 1 s i-vi rt wr ri In r fm i fo vessels shall be free. Article XX. The liberty of commerce and nav igation stipulated for in the preced ing articles shall extend to an Kinds oi mercnanoise, excepu me aruuies called contraband of war, under - . 1 J. 1L. i. 1 which name shall be comprehend ed : 1. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, carbines.pistols, pikes, swords, sabres, lances, spears, hal- berds, grenades, bombs, powder, matches, balls, torpedoes.and every- thinsr belonging to the use of these arms. 2. Bucklers.helmets, breastplates, coats of mail, accoutrements, anel clothes made up in military form and for military use. 3. Cavalry belts and horses, with their harnesses. 4. And, generally, all offensive and defensive arms made of Iron, steel, brass, copper, or any other material, prepared and formed to make war by land or at sea. Article XXL All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and trans ported in the freest manner oy ootn the contracting parties, even to places belonging to an enemy, ex cepting only those places which are at that time besieged or blockaded ; and to avoid all doubt in this par ticular, it is declared that those places only shall be considered as besieged or blockaded which are actually invested or attacked by a force capable of preventing the en try of the neutral. Article XXII. The articles of contraband, or those before enumerated and classi fied, which, may be found in a ves sel bound for an enemy's port, shall be subject to detention and confisca tion, but the rest of the cargo and the ship shall be left free, that the owners may dispose of them as they see proper. No vessel of either of the contracting parties shall be de tained on the high seas on account of having on board articles of con traband, whenever the master,cap taln, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless, indeed, the quantity of such articles be so great or of so large bulk, that they cannot be received on board the capturing vessel without great inconvenience; but in this, and in all other cases of just detention, the vessel detained shall be sent to the nearest conven- ient and safe port for trial and judg ment, according to law. Article XXIII. And whereas it frequently hap pens that vessels sail for a port or place belonging to an enemy with out knowing that the same is be sieged, blockaded, or invested, it is agreed that every vessel so circum stanced may be turned away irom such port or place, but shall not be detained ; nor shall any part of her cargo, if not contraband, be confis cateei, unless, after having been warned of such blockade or invest ment by a commanding officer of a vessel forming part of the blockad ing forces, she again attempts to enter ; but she shall be permitted to go to any other port or place the master or supercargo may think proper. Xor shall any vessel of either party that may have entered into such port or place before the same was actually besieged, block aded, or invested by the other, be restrained from leaving it with her cargo, nor, if found therein before or after the reduction or surrender, shall such vessel or her cargo be li able to seizure, confiscation, or any demand on the score of redemption or restitution, but the owners there of shall remain in the undisturbeel possession of their property. And if any vessel having thus entered the port before the blockade took place shall take on board a cargo after the blockade be established and attempt to depart, she may be warned by the blockading forces to return to the blockaded port and discharge the said cargo ; and if, after receiving such warning, the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as in the case of a vessel attempting to enter a blockaded port after having been warned off by the blockading forces. Article XXIV. To prevent disorder and irregular ity in visiting anel examining the vessels and cargoes of both the con tracting parties on the high seas, they have agreed mutually that whenever a vessel of war, public or private, shall meet with a neutral of the other party, the former shall remain at the greatest distance com patible with the possibility and safety of making the visit, under the circumstances oi wind and sea. and the degree of suspicion attenel- the vessel to be visited, and shall send one of her small boats with no more men than may be necessary to execute the said examination of the papers concerning the owner ship and concerning the ownership and cargo of the vessel, without causing the least extortion, violence or ill treatment, in respect ol which the commanders of said armed ves sels shall be responsible with their persons and property ; for which purpose the commanders of said private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the injuries and damages they may commit. And it is expressly agreed that the neutral party shall in no case be reouired to ero on board of the examining vessel for the pur pose of exhioiting the ship's pa pers, nor for any purpose whatever. Article XXV. Both contracting parties likewise agree that when one of them shall be engaged in war, the vessels of the other must be furnished with sea letters, patents or passports, in which shall be expressed the name, burden of the vessel, and the name and place of residence of the owner A At . and master, or captain tnereoi, in in order that it may appear that the veasel really and truly belongs to citizens of the said other party. It is also agreed that such vessel, be ing laelen, besides the said sea let ters, patents, or passports, shall be provided with manifests or certifi cates containing the particulars of the cargo, and the place where it was taken on board, so that it may be known whether any part of the same consists of contraband or pro hibited articles; which certificate shall be made out in the accustomed form by the authorities of the port whence the vessel sailed ; without which requisites the vessel may be detained, to be adjudged by the competent tribunals, and may be declared good and legal prize, un less it shall be proved that the said defect or omission was owing to ac cident, or unless it shall be satisfied or supplied by testimony equivalent in the opinion of the said tribunals, for which purpose there shall be al- a 1 j m A. lowed a reasoname lengtn oi time to procure and present it. Article XXVI. The preceding stipulations rela tive to the visit and examination of vessels shall apply only to those which sail without eonvoy ; tor when said vessels snail bounder convoy, tne veroai declaration oi the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag they carry, and when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient. Article XXVII. It is further agreed that, in all prize cases, the courts especially es tablished for such, causes in the country to which the prizes may be conducted shall alone take cogni zance of them. And whenever such courts of either party shall pronounce judgment against any vessel, merchandise, or property claimed by the citizens of the other party, the sentence or decree shall set forth the reasons or motives on which the same shall havo been founded; and an authenticated copy of the sentence or decree, anel of all the proceedings connected with the case, , shall, if demanded, bo elelivereel to the commander or agent of the said vessel, merchan dise, or property, without any ex cuse or elelay, upon payment of the establish el legal fees for the same. Article XXVIII. Whenever one of the contracting parties shall be engaged in war with another nation, no citizen of the other contracting party shall accept a commission or letter of marque for the purpose of assisting or cooperating hostilely with the saip enemy against the said party so at war, under pain of being treat ed as a pirate. Article XXIX. If, which Is not to be expected, a rupture should at any time take place between the two contracting nations, and they should eneraere in war with each other, they have agreed, now for then, that the mer chants, traders, and other citizens of all occupations of either of the two parties residing in the cities, ports, and dominions of the other. shall have the privilege of remain ing and continuing their trado and business therein, iand shall be re spected and maintained in tho full and undisturbed enjoyment of their fersonal liberty and property so ong as they conduct themselves peaceably anel properly, and com mic no offense against the laws. And in case their acts should ren der them justly suspected, and hav mg thu3 forfeited this privilege the respective governments should or der them to leave the country, the term of twelve months from the publication 4 or intimation of the order therefore shall be allowed them in which to arrange and settle their affairs, and remove with their families, effects and property; to which end the necessary safe con duct shall be given to them, which shall serve as a sufficient protection, unm tney arrive at tne designated port and there embark; but this favor shall not be extended to those who shall act contrary to the estab lished laws. It is, nevertheless, understood that the respective gov ernments may order the persons so suspected to remove forthwith to i i i , . such piaces in tne interior as may oe designated. Article XXX. In the event of a war, or of any interruption of friendly intercourse between the high contracting par ties, the money, private debts, shares in the public funds, or in the public or, private banks, or any other property whatever, belonging to the citizens of the one party in the territories of the other, shall in no case be secpuestrated or confis cated. Article XXXI. The high contracting parties, de siring to avoid all inequality in their public communications and official intercourse, agree to grant to their envoys, ministers, charges d'affaires, and other diplomatic agents, the same favors, privileges, immunities, and exemptions that those of the most favored nation do or shall enjoy, it being understood that tho favors, privileges, immu nities, and exemptions granted by the one party to the envoys, minis ters, charges d'affaires, or other di plomatic agents of the other party, or to those of any other nation, shall be reciprocally granted anel extended to those of both the high contracting parties respectively. Article XXXII. To protect more effectually the commerce and navigation of their respective citizens, the United States of America and the Ilepeblic of Peru agree to admit and receive, mutually, consuls and vice consuls in all their ports open to foreign commerce, who shall enjoy, within their respective consular districts, all the rights, privileges, and im muni ties of the consuls and vice consuls of the most favored nation ; but to enjoy the rights, prerogatives, and immunities which belong to them in virtue of their public char acter, the consuls and vice consuls shall, before exercising their official functions, exhibit to the Govern ment to which they are accredited their commissions or patents in duo form, in order to receive their exe quatur ; after receiving which they shall be acknowledged, in ther offi cial characters by the authorities, magistrates, and inhabitants of the district in which they reside. The high contracting parties, neverthe- less. remain at liberty to except those ports and places where the admission and residence of consuls and vice consuls may not seem to be convenient, provided that the re fusal to admit them shall likewise extend to those of all nations. j Article XXXIII. s The consuls, ; vice consul?, their officers and persons employed in their consulates, shall be exempt from all public service, and from all kinels of taxes, imposts; and contributions, except thoso which they shall be lawfully held to pay on account oi tneir property; or commerce, and to which the citi zens and other inhabitants' of the country , in which they reside are subject, they being, in other re spects, subject to the laws of the respective countries. The archives anil papers of the consultates shall beqinviolably respected; and no person, magistrate, or other public authority shall, under any pretext, interfere with or seize them. ! Article XXXIV. : The consuls and vice consuls shall have power to require the assistance of j the public authorities of the country in which they reside for the arrest, detention, and custody of jdeserters from the vessels of war or jmerchant vessels of their nation ; and where the deserters claimed shall belong to a merchant vessel, tho consuls or vice consuls must address themselves to tho compe tent authority,' and demand the de serters in writing, proving by the ship's roll or other public document that the individuals claimed are a part of the crew of tho vessel from which it is alleged that they have deserted; but should tho individ uals claimed form a . part of tho crew of a vessel of war, tho worel of honor of a commissioned officer attached to the saiel vessel shall bo sufiiiehtto identify tho deserters; and when tho demand of tho con suls or vice consuls shall. In either case, be so proved, the delivery of the deserters shall not bo refusal. The said deserters, when arrested,4 shall be delivered to the consuls or vice consuls, or, at the request of these, shall be put In the public prisons, and maintained at the ex pense of those who redaina them, to be delivered to the vessels to which they belong or sent to others of tho same nation ; but if the said deserters should not bo so delivered or sent within tho term of two months, to be counted from the day of their arrest, they shall (x? set at liberty, and shall not bo again ap- Erehended for the samo causo. ; Tho igh contracting parties agree that it shall not bo lawful for any public authority or other person within their respective dominions to har bor or protect such deserter. Article XXXV. For the purpose of moro effectu ally protecting their commerce ami navigation, tho 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 con suls and vico consuls of tho rcspeev tivo parties. Article .XXXVI. Until tho conclusion of a consu lar convention, the high contracting parties agree that in the absence of the legal heirs or representatives the consuls or vice consuls of either party shall bo ex officio tho execu tors or administrators or the citi zens of their nation who may elle within their consular jurisdictions, and of their countrymen dying at sea whose property may bo brought within their district. Tho nald consuls or vice consuls shall call In a justice of the peace or some other judicial authority to assist in taking an Inventory of tho effects and property left by tho deceased, after which the said effects shall remain in the hands of the .said consuls or vice consuls, who shall bo author ized to sell immediately such of the effects or property as may be of a perishable nature, and to dispose of the remainder according to the In structions of their respective Gov ernments., And where the deceas ed has been engaged in coram em j or other business, the consuls or vice consuls shall hold tho effects and property so remaining until the expiration of twelve calendar months, during which tlmo the creditors, if any, of the decease!, shall have the right to present their claims and demands against the said effects and property ; and all questions arising out of such claims or demands shall be decided by the awsof the country wherein the said citizens may havo died. 4t is un derstood, nevertheless, that if no claim or demand shalk have been made against ' the effects ahd pro perty of an individual so decease!, he consuls or vice consuls, at tno expiration of the twelve calendar months, may cioso tne estate aim dispose of tho effects and property in accordanco with the Instructions from their own Governments. Article XXX VUJ ' Asa consequence of the I princi ples of equality herein established, in virtue of which tho citizens of each one of tho, high, contracting parties enjoy in the territory of the other the same rights as natives, and receive from the respective Governments the same protection in their persons and property, it is declared that only in case that such protection should bo denied, on ac count of the fact that tho claims preferred have not been promptly attended to . by the legal , authori ties, or that manifest injustice has been done by such authorities, and after all the legal means havo been exhausted, then alone shall diplo matic intervention take place. Article XXXVIII. The United States of America and the Republic of Peru, desiring to make as durable as possible the relations established between tho two parties in virtue Of this treaty of friendship, commerce, and navi gation, declare solemnly and agree as follows: .' 1st. The present treaty shall re main in force for the term of ten years from the day of the exchange of the ratifications thereof, and fur ther until the end of one year after either of the high contracting par ties 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 no tice to the other at the end of the said term of ten years. And it Is hereby agreed between the parties that, on the expiration of one year after such notice shall have been re ceived by either of them from tho other. party, as above mentioned, this treaty . shall altogether ; cease and terminate. 2d. If any citizen or 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 understand- CONCLUDED ON FOURTH TAdE.)