Treaty of Mapacingue
territories of Quijos and Canelos within the peremptory term
of two years ; after which, unless the Equatorian Government
shall have presented documents capable of refuting and
annulling those presented by the Plenipotentiary of Peru, the
right of the Equator shall expire, and that of ’ Peru over these
territories shall be confirmed.
VIII. Both countries being desirous of burying their past dif-
ferences in oblivion, and of securing between them a solid and
durable peace, they engage to efface and extinguish the traces or
indications which might give an idea in future, that there was a
time when brother nations shed, or were about to shed, their
blood in fratricidal wars.
IX. They also engage, in order to draw closer the bonds of a
sincere and lasting friendship, to enter into Treaties of com-
merce and navigation, mutually to defend each other against
any foreign aggression, and in the interim not to permit, but to
prevent, the citizens of the country, as well as strangers or
refugees, within the territory of either of the two Republics,
making warlike preparations of any description to disturb the
tranquility of the other.
X. The Government of the Equator and that of Peru, each on
its own part, will not tolerate in its respective territory the
fomentation of enterprises by political refugees, trying to dis-
turb order in the State to which they belong ; but they engage to
send such persons at least 80 leagues into the interior on the
first requisition with the necessary proof, made by the Govern-
ment against which their machinations are directed
XI. Peru being desirous of giving to the Equator a proof of
the high estimation in which she holds her, and of the cordial
friendship which she professes and cements by the present
Treaty, and wishing to leave no trace of her differences with the
friendly sister Republic, declares that she makes no claim for the
expenses of the campaign, which are absolutely foregone,
although they are of considerable amount, and no reclamation
can ever be made for them.
XII. The citizens of Peru and of the Equator who may have
been injured in their persons or interests, shall be indemnified
respectively by the Government from which they have received
the injury or grievance, after having proved the same in due
form before the tribunals, and according to the laws of each
country. These cases shall not comprehend those injuries which
were caused by coercive measures, or general dispositions,
ordered after the friendly relations between the two Republics
were suspended.
XIII. The citizens of Peru in the Equator, and those of the
Equator in Peru, may freely follow every kind of industry, pro-
fession, or occupation, the same as the natives of the country in
which they reside, subject to the same laws, and enjoying the
same guarantees and privileges as the natives, without being
prejudiced for their political opinions, so long as they do not
interfere with established order.
XIV. It is agreed that in the unfortunate event of the amica-
ble relations between the two Republics being interrupted, the
citizens of either of the Contracting Parties, established or resi-
dent in the States of the other, may continue freely in the exer-
cise of the profession, commerce, or industry, in which they are
occupied, enjoying the same guarantees as before, and without
their effects being subject to embargo or confiscation.
XV. The Peruvians in the Equator, and the Equatorians in
Peru, shall be exempt from all military enlistment whether in
the army or navy, or national guard, the certificate granted by a
Diplomatic or Consular agent, of whatsoever degree, being suf-
ficient to prove their nationality. They shall also be exempt from
the extraordinary contributions which either nation may
impose on its respective citizens ; but those who may have
gained their domiciliation according to the laws of each country
are not included in this exemption.
XVI. In the unfortunate event of either of the two Republics
being menaced in its nationality and independence, the other
shall co-operate in its defence with the means of which it can
dispose, it being understood that the alliance is perfected by the
fact of danger, and that it may immediately have its practical
effects. The expenses occasioned by the assistance which, by this
Article, both countries are mutually obliged to afford each
other, shall be on account of the Government which applies for
it, or in whose favour it is given, including therein not only the
cost of the transport of the troops when it takes place, but also
of their maintenance and return.
XVII. Neither of the States shall take deserters from the other
into service under its flag, and those who desert from the mili-
tary stations on the frontiers shall be given up to the nearest
authority, with the horses, equipments, and arms they may
bring.
XVIII. Whenever Peru or the Equator may unfortunately be
engaged in war with another nation, or in preparing for it, nei-
ther of these Republics, nor any citizen of them, shall accept a
commission or co-operate in any manner hostilely against the
Republic which may be in that condition ; and all pacts and
agreements which shall have been or which may be made, with
such a wicked and punishable intention, shall be void and of no
effect.
XIX. Whenever one of the Contracting Parties shall be
engaged in war, the other party shall interpose its friendly medi-
ation, and shall endeavour, by all the means within its reach,
that the differences may be amicably settled.
XX. The Envoys Extraordinary and Ministers Plenipoten-
tiary, the Charges d’ Affaires, and in general the Diplomatic
Agents of Peru in the Equator and those of the Equator in Peru,
shall enjoy all the privileges, immunities, and considerations
which the law of nations concedes to them, and also those
which either Government may deem proper to grant to the
most favoured nation.
XXI. When political criminals take refuge in the houses of
the Peruvian or Equatorian Legations, the two Contracting
States engage to observe the following rules :—1st, The public
Agents of each of them shall give notice to the Government to
which they are accredited of having given asylum to some polit-
ical criminal, within 48 hours after having admitted him into