A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk
Polk, James K. (James Knox), 1795-1849; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
In the meantime, previous to the 17th March, 1843, General Menendez,
the constitutional President of Peru, had ratified the convention,
declaring, however, in the act of ratification itself (which is without
date), that "the present convention and ratification are to be submitted
within the time stipulated in the seventh article for the final
approbation of the National Congress." This was, however, rendered
impossible from the fact that no Peruvian Congress assembled from the
date of the convention until the year 1845.
When the convention arrived at Lima General Menendez had been deposed
by a revolution, and General Vivanco had placed himself at the head of
the Government. On the 16th July, 1843, the convention was ratified
by him in absolute terms without the reference to Congress which the
constitution of Peru requires, because, as the ratification states,
"under existing circumstances the Government exercises the legislative
powers demanded by the necessities of the State." The ratifications were
accordingly exchanged at Lima on the 22d July, 1843, and the convention
itself was proclaimed at Washington by the President on the 21st day of
February, 1844.
In the meantime General Vivanco was deposed, and on the 12th October,
1843, the Government then in existence published a decree declaring all
his administrative acts to be null and void, and notwithstanding the
earnest and able remonstrances of Mr. Pickett, our chargé d'affaires at
Lima, the Peruvian Government have still persisted in declaring that the
ratification of the convention by Vivanco was invalid.
After the meeting of the Peruvian Congress in 1845 the convention was
submitted to that body, by which it was approved on the 21st of October
last, "with the condition, however, that the first installment of
$30,000 on account of the principal of the debt thereby recognized, and
to which the second article relates, should begin from the 1st day of
January, 1846, and the interest on this annual sum, according to article
3, should be calculated and paid from the 1st day of January, 1842,
following in all other respects besides this modification the terms of
the convention."
I am not in possession of the act of the Congress of Peru containing
this provision, but the information is communicated through a note under
date of the 15th of November, 1845, from the minister of foreign affairs
of Peru to the chargé d'affaires of the United States at Lima. A copy of
this note has been transmitted to the Department of State both by our
chargé d'affaires at Lima and by the Peruvian minister of foreign
affairs, and a copy of the same is herewith transmitted.
Public-domain text, read in full here on John Shaqi.
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