No. 473.

Mr. Elmore to Mr. Bayard.

Sir: One of the instructions I received from my Government, when I left Lima last February on my return to Washington, as I had the honor to inform your excellency in our interview on Friday, the 27th instant, refers to the desire of the Peruvian Government to terminate the treaty of commerce and navigation, and the treaty of extradition now in force between the Republic of Peru and the United States of America, in order that, after making in them the reforms which may be deemed necessary and convenient, the two Governments may proceed to negotiate new treaties of the same nature, or others suitable to both countries.

Our treaty of friendship, commerce, and navigation now in force, was signed at Lima on the 6th of September, 1870, and the ratifications were exchanged also at Lima on the 28th of May, 1874.

Cur treaty of extradition now in force, was concluded at Lima on September 12, 1870, and the ratifications were exchanged on the same day as the general treaty, namely, 28th May, 1874.

I beg to inclose copies of Article XXXVIII (extract) of the general treaty, and of Article IX of the extradition treaty, which establish the manner of terminating those instruments (annexes 1 and 2). In both of them the same principle is laid down, namely, both treaties were to last for the term of ten years from the day of the exchange of the ratifications, and further, until the end of one year after either of the high contracting parties shall have given notice to the other of its intention to terminate the same. On the 28th of May, 1884, it was ten years from the exchange of ratifications of both treaties.

I now, in compliance with my instructions, give to the Government of the United States, and in the name of the Republic of Peru, the notice provided for in the above-mentioned Articles XXXVIII and IX of the treaties referred to, respectively, and it will consequently be understood that both treaties will terminate on the 31st day of March, 1886. In doing this, I beg further to fulfill the special instruction of my Government, which orders me to state to your excellency that the Government of Peru is ready and willing to negotiate new treaties of friendship, commerce, and navigation and extradition, which, while making closer and more cordial the bonds of friendship between the two Governments, will at the same time be more in harmony with the present needs and interests of both countries.

Accept, &c.,

J. F. ELMORE.
[Inclosure.—Extract.]

Article XXXVIII of the treaty of friendship, commerce, and navigation between Peru and the United States; concluded, Lima, September 6, 1870; ratifications exchanged, Lima, May 28, 1874.

(1) The present treaty shall remain in force for the term of ten years from the day of the exchange of the ratifications thereof, and further until the end of one year after [Page 631] either of the high contracting parties 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 notice 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 received by either of them from the other party, as above mentioned, this treaty shall altogether cease and terminate.

Article. IX of the treaty of extradition between Peru and the United States; concluded, Lima, September 12, 1870; ratifications exchanged, Lima, May 28, 1874.

This treaty shall commence from the date of the exchange of ratifications, and shall continue in force until it shall be abrogated by the contracting parties, or one of them, but it shall not be abrogated, except by mutual consent, unless the party desiring to abrogate it shall give twelve months’ previous notice.