Aurelio G. Y Garcia to A true copy: J. FREDRICO ELMORE , Secretary Peruvian Legation, June 25, 1873

protocol.

The undersigned, Captain Aurelio G. y Garcia, envoy extraordinary and minister plenipotentiary of Peru, and Wooyeno Kagenori, His Imperial Japanese Majesty’s acting minister for foreign affairs, having stipulated in the agreement of which a protocol was signed on the 19th day of the present month, that the difference pending between the two governments growing out of the Maria Luz case be submitted to the arbitration of the chief of a friendly state, have, at a further conference, held at the Gwaimusho on the 22d day of June, 1873, agreed on behalf of their respective governments to refer the case to the decision of His Majesty the Emperor of all the Russias as arbitrator.

They have also agreed—

• That the note to be addressed by both governments to the government of His Majesty the Emperor, requesting his acceptance, shall be dispatched by them respectively in the course of the month of December of the present year.
• Within twelve months after the date of the acceptance by His Majesty, each government shall present its case to the arbitrator. The evidence to be presented may comprise such documents, official correspondence, and other official or public statements bearing on the subject of the reference as they may consider necessary to the support of their respective cases.
• Within six months from the date of receiving the notification of the arbitrator’s acceptance, the respective parties shall transmit to each other copies of all the papers which they intend to submit to his consideration, but each shall be at liberty to present to the arbitrator any rebutting evidence and such arguments as it may deem proper; for this purpose either government may appoint an agent or agents near the court of His Majesty to conduct its case before the arbitrator.
• The arbitrator shall be requested to decide if the claim of Peru is well founded, and if it is what indemnity shall be paid by Japan.
• The award of His Majesty the Emperor of all the Russias shall be considered as absolutely final and conclusive, and full effect shall be given to such award without any objection, evasion, or delay whatsoever.

And whereas the bark Maria Luz, abandoned by her captain, now lies in the Bay of Yokohama, in charge of a guardian placed on board of her by the then representative of Peru, in Japan, the Hon. C. E. De Long, minister of the United States, and with the consent of the Japanese government; and whereas that guardianship has been and is now the cause of daily expense, the undersigned, equally desirous to bring to an end this state of things, have agreed that the ship shall be sold in public auction for the benefit of all parties interested in the vessel.

Both governments declining to receive the proceeds of the sale, such proceeds, after the payment of the expenses of keeping the ship since her abandonment, are to be deposited in a bank of Yokohama, to await such disposition as may be ordered by a competent court or by the arbitrator.

In testimony of which the undersigned have subscribed and sealed the present agreement, which shall be approved by the President of Peru.