423.11 L 23/313
The Secretary of State to the Ambassador in Peru (Gonzales)
Sir: The Department has received your telegram No. 141, of December 30, 1920, in reply to its instruction No. 1, of May 6, 1920, concerning the Landreau claim against Peru. The changes proposed by the Peruvian Government in the protocol for arbitration have been presented to the attorneys of the claimants, and, as a result, an amended protocol has been drawn up, a copy of which is enclosed herewith.17 As you will note, the protocol has been amended substantially in accordance with the suggestions of the Peruvian Government, although reference to the document of release granted the Peruvian Government by John Théophile Landreau under date of September 16, 1892, has been inserted in Article I, rather than in the preamble, which of course is merely a statement of the reasons why the parties enter into the agreement.
With reference to the last Article of the protocol (Article XIV of the original protocol, which has become Article XIII in the amended protocol), it is deemed desirable to specify whether or not the salaries and necessary expenses of the three commissioners are to be included in the common expenses of the Arbitration. Therefore, the Department has inserted the following statement in the Article mentioned:
“Each Government shall pay the salary and expenses of the Commissioner appointed by it, but the salary and expenses of the third Commissioner shall be included in the common expenses of the Arbitration.”
In Article II the provision concerning the selection of the third Commissioner has been amended by substituting Great Britain for Norway.
[Page 677]In Article X the period within which further documents, evidence or correspondence shall be furnished, when called for by the Commission, has been changed from ninety days to sixty days, with a view to preventing unnecessary delays. It is believed that sixty days is sufficient for this purpose.
In Article XI, the statement that “the decision of the Commission shall be rendered within four months from the date of its first meeting” has been modified by the addition of the words, “unless the Commission, for reasons which shall be communicated to both Governments, shall find it imperatively necessary to extend the time.” It was apprehended that unforeseen exigencies might arise which would make it impossible to reach a decision within the period of four months.
I may add that some minor changes in wording have been made in the protocol. Thus in the Preamble and in Article I the words “heirs or successors” have been changed to “heirs or assigns”. This particular change was made because of the possibility that the word “successors” might be mistranslated in Spanish as relating merely to inheritance. If the Peruvian authorities should question this change you may explain it accordingly.
Please take this matter up at your earliest opportunity with the Peruvian Foreign Minister, endeavor to obtain from him an early reply as to whether he agrees to the amended protocol, and whether the President of Peru is willing to sign it, and inform the Department by telegraph.
I am [etc.]
- Not printed.↩