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NO. 12.
T WIS OF Till: l'.MTi:i STATUS,
ton i ii: ess.
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,
K.itihel bv President of Peru May
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
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
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
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
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
Article XIII.
any vessel oeionging to
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
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
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
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-

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