WASHINGTON, _May 26, 1846_.
_To the Senate of the United States_:
A convention was concluded at Lima on 17th March, 1841, between the
United States and the Republic of Peru, for the adjustment of claims
of our citizens upon that Republic. It was stipulated by the seventh
article of this convention that "it shall be ratified by the contracting
parties, and the ratifications shall be exchanged within two years from
its date, or sooner if possible, after having been approved by the
President and Senate of the United States and by the Congress of Peru."
This convention was transmitted by the President to the Senate for their
consideration during the extra session of 1841, but it did not receive
their approbation until the 5th January, 1843. This delay rendered it
impracticable that the convention should reach Lima before the 17th
March, 1843, the last day when the ratifications could be exchanged
under the terms of its seventh article. The Senate therefore extended
the time for this purpose until the 20th December, 1843.
In the meantime, previous to the 17th March, 1843, General Menendez,
the constitutional President of Peru, had ratified the convention,
declaring, however, in the act of ratification itself (which is without
date), that "the present convention and ratification are to be submitted
within the time stipulated in the seventh article for the final
approbation of the National Congress." This was, however, rendered
impossible from the fact that no Peruvian Congress assembled from the
date of the convention until the year 1845.
When the convention arrived at Lima General Menendez had been deposed
by a revolution, and General Vivanco had placed himself at the head of
the Government. On the 16th July, 1843, the convention was ratified
by him in absolute terms without the reference to Congress which the
constitution of Peru requires, because, as the ratification states,
"under existing circumstances the Government exercises the legislative
powers demanded by the necessities of the State." The ratifications were
accordingly exchanged at Lima on the 22d July, 1843, and the convention
itself was proclaimed at Washington by the President on the 21st day of
February, 1844.
In the meantime General Vivanco was deposed, and on the 12th October,
1843, the Government then in existence published a decree declaring all
his administrative acts to be null and void, and notwithstanding the
earnest and able remonstrances of Mr. Pickett, our chargé d'affaires at
Lima, the Peruvian Government have still persisted in declaring that the
ratification of the convention by Vivanco was invalid.
After the meeting of the Peruvian Congress in 1845 the convention was
submitted to that body, by which it was approved on the 21st of October
last, "with the condition, however, that the first installment of
$30,000 on account of the principal of the debt thereby recognized, and
to which the second article relates, should begin from the 1st day of
January, 1846, and the interest on this annual sum, according to article
3, should be calculated and paid from the 1st day of January, 1842,
following in all other respects besides this modification the terms of
the convention."
I am not in possession of the act of the Congress of Peru containing
this provision, but the information is communicated through a note under
date of the 15th of November, 1845, from the minister of foreign affairs
of Peru to the chargé d'affaires of the United States at Lima. A copy of
this note has been transmitted to the Department of State both by our
chargé d'affaires at Lima and by the Peruvian minister of foreign
affairs, and a copy of the same is herewith transmitted.
Under these circumstances I submit to the Senate, for their
consideration, the amendment to the convention thus proposed by the
Congress of Peru, with a view to its ratification. It would have been
more satisfactory to have submitted the act itself of the Peruvian
Congress, but, on account of the great distance, if I should wait until
its arrival another year might be consumed, whilst the American
claimants have already been too long delayed in receiving the money
justly due to them. Several of the largest of these claimants would,
I am informed, be satisfied with the modification of the convention
adopted by the Peruvian Congress.
A difficulty may arise in regard to the form of any proceeding which the
Senate might think proper to adopt, from the fact that the original
convention approved by them was sent to Peru and was exchanged for the
other original, ratified by General Vivanco, which is now in the
Department of State. In order to obviate this difficulty as far as may
be in my power, I transmit a copy of the convention, under the seal of
the United States, on which the Senate might found any action they may
deem advisable.
I would suggest that should the Senate advise the adoption of the
amendment proposed by the Peruvian Congress the time for exchanging the
ratifications of the amended convention ought to be extended for a
considerable period, so as to provide against all accidents in its
transmission to Lima.