Treaty of Mapacinguetheir respective houses, to arrange for his being sent out of the
country, if the circumstances require it ; 2nd, The asylum may
last several days, according to the judgment of the Government
to which the notice is given, when it may be necessary that the
refugees should make any declaration before they leave the
country ; 3rd, While the asylum continues, the Government
may take externally all the measures which, while compatible
with the immunity of the public agents, may tend to counteract
the seditions attempts of the refugees.
XXII. The diplomatic reclamations of the public agents of
Peru in the Equator, and of the Equator in Peru, shall not be
employed to support the private affairs of the citizens of either
State unless it is required by international law, by the special
nature of them, or when it is shown that the justice solicited has
been improperly delayed or denied ; nevertheless, such good
offices and recommendations as do not impair the national dig-
nity may be admitted.
XXIII. With the important object of preventing war between
Peru and the Equator, and making it more difficult and impos-
sible, they agree that neither of the two nations shall employ its
arms against the other without having previously demanded
justice from the Government from which it may have received
the injury or offence, and without the difference being submit-
ted to the decision of a neutral power.
XXIV. For the protection of the interests of their commerce,
both Republics agree to establish Consular Agents at such places
as they may deem convenient in the territories of each other ;
and those Agents shall enjoy the prerogatives annexed to their
appointment, and enter on the exercise of their functions as
soon as they obtain the exequatur to their commission. It shall
be the duty of both Governments to afford the Consuls the nec-
essary facilities, that they may acquire and furnish such data as
they may consider useful to either State.
XXV. The two High Contracting Parties, desiring to establish
the principles to which, according to the spirit of the age, they
ought to subject their international rights in time of war, have
agreed to adhere to the 4 Articles proclaimed by the Congress of
Plenipotentiaries assembled in Paris in 1856, and which Peru
accepted on the 5th October, 1857. To wit : 1st, Privateering is
and remains abolished ; 2nd, The neutral flag covers the
enemy’s property, excepting contraband of war ; 3rd, Neutral
property, excepting contraband of war, is not subject to confis-
cation under an enemy’s flag ; 4th, Blockades, to be binding,
must be effective, that is to say, they must be maintained by a
sufficient force, capable of actually preventing all approach to
the enemy’s coast.
XXVI. To avoid doubts as to what the two Contracting Par-
ties acknowledge as contraband of war it is agreed to consider as
such all classes of arms offensive and defensive, instruments,
ammunition of all kinds, and everything that may serve directly
and exclusively for the use of those arms ; horses, accou-
trements, and clothing prepared and formed for military service
by land or sea.
XXVII. The two Contracting Nations engage mutually to
give up assassins, pirates, incendiaries, forgers of bills of
exchange, documents or money, fraudulent bankrupts, and oth-
ers who have committed atrocious crimes, when they are
claimed by the Government of Peru from that of the Equator,
with a certified copy of the definitive sentence, and by the Equa-
tor from that of Peru, with a like certified copy of the judicial
decree passed against the criminal ; the State to which the deliv-
ery is made paying the expenses of the imprisonment and
extradition. But it shall be a condition that the penalty of death
shall not be executed on such criminals if it is applied in the
country which claims them, and that in case they should be
under trial for an offence committed in the country of their asy-
lum, they shall not be given up until the sentence pronounced
in the new cause shall have been executed.
XXVIII. The two High Contracting Parties bind themselves
not to commit any act or to make Treaties, or any kind of Con-
vention whatever, by which the independence of South Amer-
ica, and particularly that of Peru, or the Equator, may be men-
aced ; and if either of these Republics should hereafter find itself
under the necessity of making territorial grants or cessions, or if
any part of its territory should be exposed to be occupied or
invaded by another power, Peru or the Equator respectively
shall, in the first case, have the preference as next neighbours ;
and, in the second, the part of territory exposed shall thereby
come under the protection of the Government of Peru if it
should be Equatorian, and of the government of the Equator if
it should be Peruvian.
XXIX. In conformity with Article V of the Convention of
December 4th, 1859, the Government of Peru acknowledges its
obligation to assist that of the Equator with all the means at its
disposal until public order is firmly settled, and the Republic
constituted ; and in return, that of the Equator promises to ren-
der the like services to the Government of Peru, in case circum-
stances should place it in a situation to claim them.
XXX. Any breach of this Treaty, in one or more of its Articles,
that may be made by citizens of either State, shall not invalidate
it ; the responsibility shall fall on the Government to which they
belong, if that Government refuses to chastise the transgressors,
and consequently becomes implicated in the violation which
has to be amended.
XXXI. By the present Treaty all others are repealed which
have been formerly concluded between Peru and the Equator,
either as a section of the ancient Columbia, or as an independ-
ent Republic, and nothing shall be stipulated to the contrary in
future.
XXXII. The present Treaty shall begin to have effect from its
ratification by their Excellencies the Grand Marshal Comman-
der-in-chief of the Army and Navy of Peru, and by the General
Supreme Chief of the Equator, fully authorized to that effect ;
and the ratifications shall be exchanged in the city of Guayaquil
within 3 days from the date of its signature by the Plenipoten-
tiaries, without prejudice to its being duly submitted for the
constitutional sanction of the legislative bodies by the respective
Governments of the two Republics.