PROPOSITION OF PERU. The following circular has been sent by the Minister of Foreign Affairs of Peru to the Governments of Bolivia, Brazil, Chili, Costa Rica, Colombia, the United States, Ecuador, Guatemala, Honduras, Hayti, Mexico, Nicaragua, Paraguay, Argentine Republic, Santo Domingo, Salvador, Uruguay, and Venezuela: SIR: LIMA, Dec. 11th, 1875. Since the heroic struggle waged by the majority of the American States to attain their independence, and notwithstanding the change and derangement following the establishment of a different form of government, they have constantly endeavored to legislate in harmony with the fundamental law adopted in consequence of their freedom, and they have sought to introduce all the reforms demanded by the spread of science and the natural progress of modern society. In new States which were therefore obliged to overcome many difficulties impeding their organization, this important labor has been necessarily as slow and painful as the epoch was critical and difficult in which it has been carried out. And now that their internal efforts have been crowned with success, they have become convinced that they must think of strengthening the friendly ties which unite them, by assimilating their legislation so far as possible. The spread of international relations, the rapid communication afforded between different countries by the spread of steam and telegraphy; the facilities which those two elements offer to commerce; the interest of each nation in the progress of the others, since that progress must redound to the benefit of all, and the inconveniences which spring from the differences of laws, have attracted the attention of thinking men on this continent; and the general idea, springing from all these circumstances, and taken up by a society of jurists, has given rise to a project presented by them to my Government, suggest ing the advisability of convoking a Congress of Jurists, to discuss and bring into harmony the legislation of the different American States, taking from each one that which may seem most perfect, and coming to a definite agreement especially upon the following points: Firstly. As a general basis for all cases not specially determined, to procure uniformity of legislation on private matters, so far as the particular circumstances of each country will permit it, and to state in the different codes the points on which such uniformity is impossible. and the manner in which questions shall be decided, which may arise in consequence of such want of uniformity; Secondly. To concede in each State to citizens of the others the same rights as to its own citizens; Thirdly. To simplify as much as possible the formalities of mar riage between citizens and between citizens and foreigners; Fourthly. To establish uniformity in the forms of contracts and documents creating obligations. Fifthly. To fix common rules for the execution of civil judgments and the carrying out of letters rogatory; - Sixthly. To declare in the different codes the cases of extradition, and the modes of effecting them; Seventhly.-To assimilate commercial legislation, particularly in matters of bankruptcy and patents; Eighthly.-To establish common rules for literary property; Ninthly. To assimilate the coinage, weights, and measures; Tenthly. To establish a postal convention between all the States. It is impossible to overestimate the importance of this idea, which has occupied the attention of the people of the continent, which originated with them, which receives the support of the greatest intellects of America, and from which the most useful results are to be obtained; and the Government of the undersigned, which sees in the meeting of a Congress of Jurists for the purpose of assimilating as far as possible the legislation of the different States, the most solid basis on which an American Union can be supported, gladly submits this idea to the high consideration of your Excellency, in the hope that if it should be well received, your Government will appoint representatives authorized to enter upon so important a transaction. The Congress might meet in Lima, or in any other place which the majority of the Governments might determine, and it might commence its sessions with such Plenipotentiaries of the invited nations as are present at the time fixed for installation, and to their decisions the other nations might agree either during the sessions or subsequently. The undersigned, &c., &c., A. V. DE LA TORRE. INDEX. Page ACCESSIONS, fluvial. See TERRITORY OF NATION. ACCESSORIES, who are. 625 ACQUISITION of territory, right of. See TERRITORY OF NATION. 429 430 for real property, or injuries thereto, where brought.. ADMINISTRATION of estates of foreigners by consuls..... See FOREIGNERS, Rights of Property. of estate of decedent, jurisdiction to grant.. .177-183 457 duty of ancillary, to transmit assets to principal... 460 See PROPERTY. ADMIRALTY jurisdiction of a nation, extent of.. uniform procedure in.... See CAPTURE; SHIP; and PRIZE. 462 .463, 463a AGENTS, public. See CONSULS; PUBLIC AGENTS; PUBLIC MINISTERS. oath of, to an invader, by inhabitants of a country.... 481 Page ALLEGIANCE Suspended by military occupation of territory by enemy 482 See EXPATRIATION; NATIONAL CHARACTER; NATU- RALIZATION. ALLIANCE. See INTERNATIONAL CODE; NEUTRAL; NEUTRALITY; TREATY; WAR. ALLIES, employment of savage, unlawful... who are. right to judge of justness of cause of war. .... 604 448 609 .609 609 not bound, without consent, by compacts with enemy...... 610 supplies of, not subjects of capture.... 610 510 511 withdrawal of persons in service of, after capture... 511 ANARCHY, effect of, upon continuity of existence of nation... of part of territory of nation. 11 12 12 APPEARANCE, voluntary, equivalent to personal service of process.. 428 of land, defined.... ARBITRATION, High Tribunal of, how formed..... 197 395 370 to decide international controversies 370 each nation bound to unite in High Tribunal of..... 370 ARMY AND NAVY, limit of permanent force employed in.. obligation of nations to surrender persons.. to furnish to criminals, paupers, &c., an conspiracy against friendly nation within nation of........ 86 AVERAGE, general. See GENERAL AVERAGE. BANKRUPTCY, validity of discharge in..... judgment of, without transfer of property..... See JUDICIAL PROCEEDINGS. BELLIGERENT, defined. authority limited by actual power Page 455 .... 457 467 483 may suspend obligations of persons held to service.... 483 See INSURGENTS; INSURRECTION. 603 BELLIGERENT OCCUPATION. BILLS OF EXCHANGE. See MILITARY OCCUPATION. 422a-422p BLOCKADE of military ports only to prevent contraband trade...... 573 of city or town to be notified to its authorities. BOOTY, public movable property or contraband only may be... See TERRITORY OF NATION. BRIBERY of enemy's officers or agents, unlawful. or menace of public agent, a public offense. BRIDGES may be destroyed by belligerent, when..... BRIGANDS are criminals without protection of laws of war.. of corporations, governed by law under which they exist.. 381 CAPTURE, public ships surprised by war free from... private property exempt from..... rescue of person or property after, when lawful goods on board ship, exempt from.. of persons and things contraband of war.. of ships under hostile convoy... after visitation and search... . . . . . proper evidence of probable cause for.. of ships resisting lawful visitation or search by force.... 559 sending ship to port for adjudication on validity of.. in charge of prize master and crew.. 564 ....... of ship or cargo incapable of being sent to a port...... 562 of private ship, grounds of suspicion for..... of ship, duty of prize officer upon.... release of persons and things after unlawful of an attacking ship as prize by any ship.... 563 565 567 568 569 569 572 by violation of neutrality, or breach of Code, unlawful.... 579 |