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 charge 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 charge d'affaires of the United States at Lima. A copy of
this note has been transmitted to the Department of State both by our
charge d'affaires at Lima and by the Peruvian minister of foreign
affairs, and a copy of the same is herewith transmitted.

Under these circumstances I submit to the Senate, for their
consideration, the amendment to the convention thus proposed by the
Congress of Peru, with a view to its ratification. It would have been
more satisfactory to have submitted the act itself of the Peruvian
Congress, but, on account of the great distance, if I should wait until
its arrival another year might be consumed, whilst the American
claimants have already been too long delayed in receiving the money
justly due to them. Several of the largest of these claimants would,
I am informed, be satisfied with the modif