Sidebilder
PDF
ePub

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.

[ocr errors]

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.
ACTION for forfeiture brought only in nation imposing it..

429

430

for real property, or injuries thereto, where brought..
See COURTS; JUDGMENT; JUDICIAL POWER; LIMITATIONS;
MILITARY FORCES; PRESCRIPTIONS.

ADMINISTRATION of estates of foreigners by consuls.....

See FOREIGNERS, Rights of Property.

of estate of decedent, jurisdiction to grant..

.177-183

457

[blocks in formation]

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.

[blocks in formation]

oath of, to an invader, by inhabitants of a country.... 481

Page

ALLEGIANCE suspended by military occupation of territory by enemy 482
of members of conquered nation.....

604

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.
intercourse with enemy by consent of..

...

not bound, without consent, by compacts with enemy..
establishment of prize courts within country of.....
AMBASSADORS. See PUBLIC AGENTS and PUBLIC MINISTERS.
AMBULANCES, defined ...

supplies of, not subjects of capture..

448

609

609

609

610

610

510

511

withdrawal of persons in service of, after capture... 511
See HOSPITALS.

ANARCHY, effect of, upon continuity of existence of nation.....
ANNEXATION of one nation to another......

of part of territory of nation.....

11

12

12

APPEARANCE, voluntary, equivalent to personal service of process.. 428
APPURTENANCES, defined......

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
by decisions of High Tribunal of.. 370

ARMISTICE, defined....

authority to make

binding upon all persons upon publication........
language of, when ambiguous, how interpreted..
effect of......

upon belligerent's power over persons and prop-
erty....

interference to prevent violation of..

how terminated...

not terminated by unauthorized breach...
hostilities without notice upon expiration of..

See GOOD FAITH.

ARMY AND NAVY, limit of permanent force employed in......
ASSASSINATION, and other acts of private revenge, unlawful..
ASYLUM, right of... ..

obligation of nations to surrender persons..

to furnish to criminals, paupers, &c., an
conspiracy against friendly nation within nation of........
See CONVICTS; EXTRADITION.

505

506

506

507

507

482

508

508

503

509

367

[blocks in formation]
[blocks in formation]

may suspend obligations of persons held to service.... 483
rights cease upon termination of war..

See INSURGENTS; INSURRECTION.

603

of city or town to be notified to its authorities...
removal of passive enemies before.....

BOOTY, public movable property or contraband only may be...
BOUNDARIES, marks or monuments, injuring...

BELLIGERENT OCCUPATION.

See MILITARY OCCUPATION.

BILLS OF EXCHANGE..

....

422a-422p

BLOCKADE of military ports only to prevent contraband trade......
BOMBARDMENT of defenseless place, unlawful..............

573

497

499

499

538

17

500

628

535

BRIGANDS are criminals without protection of laws of war..
CAPACITY of individuals governed by law of place...

490

378, 380

381

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.....

personal, as to real property.........

of corporations, governed by law under which they exist.. 381
of person, when courts may determine legal......
See WILL.

CAPTURE, public ships surprised by war free from....
private property exempt from.....

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

of ships resisting lawful visitation or search by force.... 559
after visitation and search........

560

560

proper evidence of probable cause for.....
sending ship to port for adjudication on validity of....... 561
in charge of prize master and crew.. 564
of ship or cargo incapable of being sent to a port....... 562
detention of persons and papers on board ship, upon...... 563
of private ship, grounds of suspicion for... . . .
passive enemies or neutrals on board ship upon..

of ship, duty of prize officer upon....

release of persons and things after unlawful
indemnity for unlawful.......

of an attacking ship as prize by any ship....

....

565

567

568

569

569

572

by violation of neutrality, or breach of Code, unlawful.... 579
jurisdiction of remedy against wrongdoer upon illegal.... 579

« ForrigeFortsett »