Article IV of the draft furnished by the Department has been changed to
conform to the authorized provision that the commission should sit in
the country where its president should reside.
Article VII was changed from “the Commission shall keep a record of its
daily proceedings” to read, “the Commission shall keep a record of all
its proceedings”. This was advisable because the Spanish translation of
the former would seem to require “daily” meetings.
In Article X the Peruvian Government objected, on ground of equity, to
the United States and Perú each having four months in which to present
the answer to the others answer, when at least a months’ time would be
lost to Perú in the time of transit from Washington to Lima and return.
They asked for five months, not because more than three months was
necessary but for equality. I changed the time of the answer of the
United States to three months; leaving that for Perú at four months, and
added to the end of the
[Page 679]
first
paragraph for Article X: “The allegations and documents of each party
shall be presented at least in quintuplicate.”
Article XII is changed from “The Award, if there be one, shall be made
payable,” to read “The amount granted by the Award, if there should be
any, shall be made payable.”
Article XIII is changed so as to provide that the salary of the Secretary
be included with that of the third commissioner in the common expenses
of the arbitration.
I understand that the protocol will be “initialed” by the President on
May 26th.
[Enclosure]
Protocol between the United States of America
and Peru Providing for the Arbitration of the Landreau Claim
against Peru; signed at Lima, May 21, 192119
The Government of the United States of America and the Government of
the Republic of Peru, not having been able to reach an agreement
concerning the claim against Peru of the heirs and assigns of the
American citizen, John Celestin Landreau, arising out of a decree of
October 24, 1865, of the Government of Peru, providing for the
payment of rewards to John Teophile Landreau, brother of John
Celestin Landreau, for the discovery of guano deposits, and out of
contracts between John Teophile Landreau and John Celestin Landreau
entered into on or about April 6th, 1859, and October 29th, 1875,
which claim is supported by the Government of the United States,
have resolved to submit the question for decision to an
International Arbitral Commission, and to that end have named their
respective plenipotenciaries, that is to say, the President of the
United States, William E. Gonzales, Ambassador of the United States
at Lima, and the President of Peru, doctor Alberto Salomon, Minister
of Foreign Relations, who, after having exchanged their full powers,
found to be in due and proper form, have agreed upon the following
articles:
Article I
The questions to be determined by the Arbitral Commission are: First.
Whether the release granted the Peruvian Government in 1892 by John
Teophile Landreau eliminated any claim which John Celestin Landreau,
the American citizen, may have had against the Peruvian Government,
and if all claims were not thereby extinguished then, second: what
sum if any is equitably due the heirs or assigns of John Celestin
Landreau.
[Page 680]
Article II
The Commission shall be composed of three members as follows: The
Government of the United States and the Government of Peru shall
each, within thirty days after this Protocol becomes effective,
appoint one Commissioner, and these two shall, within ninety days
after this Protocol becomes effective, select a third Commissioner,
who shall act as President of the Commission, and shall be a
national of either Denmark, Great Britain or the Netherlands.
If, at the termination of the ninety days period just mentioned, they
are unable to agree upon a third Commissioner, he shall be selected,
within a further period of thirty days, by the Queen of the
Netherlands, provided she is willing.
Article III
All vacancies occurring from death, resignation or otherwise, in the
membership of the Commission, shall be filled as was the original
appointment, within thirty days from the occurrence of such
vacancy.
Article IV
The Commission shall, with the consent of the respective Government,
meet at the residence place of the President of the Commission,
within sixty days after the case is ready for consideration,
according to the 2nd paragraph of article X of this protocol, and
shall hold all of its sessions in the same place.
Article V
The concurrent action of any two members of the Commission shall be
adequate for a decision on all matters coming before them, including
the making of the final award.
Article VI
The Government of the United States and the Government of Peru shall
each be entitled to appoint an Agent for the presentation and
argument of its case before the Commission.
Article VII
The Commission shall keep a record of all its proceedings. For this
purpose the President of the Commission shall appoint a Secretary
who shall be of his own nationality.
Article VIII
In the presentation of its documents, evidence, correspondence or
arguments to the Commission, either party may use the English or the
Spanish language.
[Page 681]
Article IX
Either party may demand from the other the discovery of any fact or
of any document deemed to be or to contain material evidence for the
party asking it. Any document desired shall be described with
sufficient accuracy for identification, and the demanded discovery
shall be made by delivering a statement of the fact or by depositing
a copy of such document (certified by its lawful custodian, if it be
a public document, and verified as such by the possessor, if a
private one) to the Foreign Office of the demanding Government which
shall be given opportunity to examine the original through its duly
accredited diplomatic representatives. If notice of the desired
discovery be given too late to be answered ten days before the
Commission herein provided for shall sit for hearings, then the
answer desired thereto shall be filed with or documents produced
before the Commission as speedily as possible.
Article X
The case of the United States and supporting evidence shall be
presented to the Government of Peru through its duly accredited
representative at Washington as soon as possible, and, at the
latest, within four months, from the date when this agreement
becomes effective. The Government of Peru shall submit in like
manner, through its representative at Washington, its full answer to
such case within five months from the date of the presentation of
the case of the United States. The Government of the United States
shall present in like manner its reply to the answer of the Peruvian
Government, which reply shall contain only matters in reply to the
case of the Government of Peru, within three months from the date of
the filing of the Peruvian answer, and Peru may, in like manner,
within four months, present a reply to the reply of the Government
of the United States. The allegations and documents of each party
shall be presented at least in quintuplicate.
The case shall then be ready for consideration by the Commission,
which shall hear arguments by the Agents of the respective
Governments, and, in its discretion, may, after convening, call for
further documents, evidence or correspondence from either
Government; and such further documents, evidence or correspondence,
shall if possible be furnished within sixty days from the date of
the call. If not so furnished within the time specified, a decision
in the case may be given without the use of said documents, evidence
or correspondence.
Article XI
The decision of the Commission shall be rendered within four months
from the date of its first meeting, unless the Commission, for
reasons which shall be communicated to both Governments, shall find
[Page 682]
it imperatively
necessary to extend the time. The decision, when made, shall be
forthwith communicated to the Governments at Washington and Lima. It
shall be accepted as final and binding upon the two Governments.
Article XII
The amount granted by the award, if there should be any, shall be
made payable in gold coin of the United States, at the Department of
State, Washington, within one year after the rendition of the
decision by the Commission, with interest at six per centum per
annum, beginning to run one month after the rendition of the
decision.
Article XIII
Each of the parties hereto shall pay its own expenses and one-half of
the common expenses of the Arbitration. Each Government shall pay
the salary and expenses of the Commissioner appointed by it, but the
salary and expenses of the third Commissioner and of the Secretary
shall be included in the common expenses of the Arbitration.
In faith whereof, they have drawn up the present protocol, in
duplicate, in like terms in English and Spanish, signing and sealing
it with their private seals, in Lima, this twenty-first day of May
one thousand nine hundred and twenty one.
William E. Gonzales
[
seal]
A. Salomón
[
seal]
