Article 1st stipulates for perpetual peace and friendship between the two
nations and their citizens.
Article 2d provides for reciprocal free commerce and navigation in all ports,
rivers, and as to the most favored nations.
Article 3d establishes the right of mutual free ingress and egress,
residence, trade, and ownership of real estate, &c., and exemption from
contributions, general or local, or to imposts or obligations of whatsoever
kind, except such to which natives of the countries are subjected, granting
every facility for the transaction of all custom-house business, whether for
themselves or as agents, factors, &c., upon the same terms as to natives
or to citizens of the most favored nation, always conforming to the laws and
regulations of the country.
By Article 4th complete protection to persons and property, with free access
to the tribunals, &c., with the right to select attorneys at law,
agents, &c., is guaranteed, with the right to be present when judgments
or sentences are pronounced in cases where they are interested, as also in
the examination of witnesses, whenever consonant to the laws of the land. In
a word, they are to enjoy all the rights and privileges of natives of either
country.
By Article 5th Salvadoreans in Germany or Germans in Salvador are exempted as
well from every description of service in the army or navy, police or
militia, as from obligation to accept political responsibilities and office,
administrative or judicial, and also from all exceptional war contributions,
forced loans, requisitions, or military services of whatever kind. In all
other cases they can only be subjected in their personal and real property
to the ordinary charges, exactions, and imposts imposed on natives or the
citizens of the most favored state.
By Article 6th they may not respectively be subjected to any embargo, nor to
have their vessels, cargoes, merchandise, or effects detained on account of
whatever military expedition, or public use, without a previous arrangement,
assessed by experts selected by those interested, for sufficient
indemnification for all prejudices, losses, delays, and damages occasioned
thereby, or which may result therefrom.
Article 7 stipulates for the enjoyment of liberty of conscience and public
and private worship, with the reverence due to the Deity and respect to the
laws, ways, and customs of the countries. Also the right to the burial of
their dead in convenient and proper places selected by themselves, with
assent of the local authorities; and funerals and graves shall not be
disturbed through any pretext.
By Article 8th they may mutually acquire every class of personal and real
estate, use and dispose of them at will, by sale, gift, exchange, testament,
or in any other way; they may also inherit property by devise or through the
intestate laws, provided, always, that they shall pay the same taxes on such
transfers as do native citizens.
Marriages contracted in the one country conformably to its laws shall be held
as valid in the other.
Article 9 declares that if unhappily the peace between the two high
contracting parties shall be interrupted each shall concede a term of six
months at least to the merchants on the coast, and a year to those
established within the interior of the countries, to arrange their business
and dispose of their property) also, they shall receive “safe conducts,”
that they may freely embark at the ports which they may designate, so that
they be not occupied or besieged by the enemy, or imperil their own security
or that of the state; in which cases they must select whatever route is
practicable.
All the other citizens having a fixed and permanent establishment in the
respective countries, for the pursuit of whatever profession or employment,
may continue their residence and the exercise of their professions and
vocations without disturbance; and they shall retain the complete and entire
possession of their liberty and property, provided they commit no offense
against the laws of the land.
By Article 10th, in no case of war, or of collision between the two
countries, shall there be subjected to embargo or sequestration, &c.,
property, of whatever kind, of the respective citizens. Sums owing by them
to individuals, public funds, stocks in bank, or similar institutions, can
be embargoed, sequestrated, or confiscated with prejudice to the said
respective citizens.
By Article 11th the merchants of either country within the territories of the
other shall enjoy in their business all the rights, privileges, and
franchises conceded to those of the most favored nations.
Wherefore the importation dues of Salvador upon the productions of the soil
or industry of Germany, and in Germany upon those of Salvador, cannot be
other nor greater than those imposed on similar productions of the most
favored nations. The same principle is applied to exportation. No special
restriction or prohibition is to apply to their reciprocal commerce; and all
rules and regulations affecting the same to apply equally to all
countries.
By Article 12th the shipping of either state in the waters of the other shall
not be subject to higher duties of tonnage, light-house, port, pilotage,
quarantine, or others which affect the ship, than to those of the vessels of
the nation.
Tonnage dues, &c., shall be computed consonantly to the register of the
vessel.
Article 13 equalizes dues upon importation and exportation under either
flag.
Article 14 regulates port charges on the same basis.
Article 15 provides that vessels of either country wrecked or distressed on
the coasts of the other, or driven by stress of weather, &c., into their
ports, shall not be subjected to navigation dues, under whatever name, save
such as under like circumstances vessels of the country shall be subjected.
Also, they shall be allowed to transfer the cargo to other vessels, or to
land and warehouse it for its preservation without the exaction of other
charges for freight of vessels, rent of warehouses, and the use of public
dock-yards which may be necessary for the deposit of the merchandise or the
repairs of the ship. Every facility and aid shall be lent to this end, as
well as for the obtaining provisions and restitution of sea-worthiness.
By Article 16th all regularly documented vessels of either nationality shall
be respected as such in the ports of either.
Article 17 prescribes that recaptures, &c., from pirates shall be
returned to their former owners after payment of expenses thereof lawfully
assessed upon proof of property, to be paid within the year.
Article 18 accords to the ships of war of either country in the ports of the
other the same rights as to those of the most favored nation.
By Article 19th, in the event of war between one of the contracting parties
and a third power, the other can, in no event, authorize its citizens to
receive commission or letters of marque for hostile operations against the
first, or to harrass the commerce or effects of its people.
By Article 20 the two high contracting parties adopt for their mutual
relation the following principles:
It is also agreed that the free flag assures also that of the persons, and
that individuals of a hostile power who may be found on board of a neutral
vessel cannot be made prisoners, unless they may be military men, and are at
the time in the service of the enemy.
The two high contracting parties do not apply these principles in their
relations with other powers except to those who equally recognize them.
Article 21 prescribes that in the event of one of the contracting parties
being at war, and its ships, exercising the right of visitation, should meet
a vessel of the other remaining neutral, the first shall keep themselves out
of the range of cannon, and may send in their boats only two inspectors to
examine the documents as to nationality and cargo.
The commanders shall be responsible for every oppression or violence which
they commit or allow on such occasion. It is also stipulated that in no case
shall the neutral be obliged to go on board of the visiting vessel, neither
to show his papers, nor for any other reason. The visitation shall not be
allowed except on board of ships which sail without convoy. It will suffice
when they proceed with convoy that the commander declare verbally and upon
his word of honor that the vessels placed under his protection and sheltered
by his power belong to the country whose flag they hoist, and that he also
declares that when these vessels are destined for an enemy’s port, that they
do not carry contraband of war.
By Article 22, in the event of either country being at war with a third
power, the citizens of the other may continue their commerce and navigation
with this same power, excepting to cities or ports actually besieged and
blockaded, but this shall not extend to the carriage of contraband of war,
such as fire-arms, side-arms, projectiles, powder, saltpeter, military
equipments, and whatsoever articles intended for use and war.
In no event can a merchant ship of either country be captured and condemned,
encountered bound for a blockaded port, without previous notification or
knowledge of the existence of the blockade from vessels of the blockading
squadron; and proof of such notice should therefore be inscribed upon the
ship’s papers by the officer imparting the same, with due formality.
Article 23 provides for the establishment of consuls for the protection of
commerce, the issuing of exequaturs, &c.
Article 24 applies the most favored clause to these consular officers.
In relation to consuls, citizens of the country of their residence, or
merchants, the personal immunity is understood to apply only to debts or
civil causes which do not originate with the business which they pursue
[Page 800]
nor through their dependents. Said
agents may place upon the outer door of their residence the arms of their
country, an inscription,—consulate of—; they can also display on public and
national festal days the flag of their country at the consulate; but the
right of asylum, notwithstanding these exterior symbols, is not conceded. In
case of the death, illness, or absence of these officers their chancellors
or secretaries may act for them, ad interim.
By Article 25 the archives, and, in general, all the papers of the chancery
of the respective consulates, are inviolable and cannot be taken or
inspected by the legal authority under any pretext and in no event.
Article 26 regulates the appointment of vice-consuls and consular agents.
Article 27 prescribes the powers and procedures of those consular officers
with intestate estates, &c.
When there may have been no consul where the deceased was resident the proper
authorities shall act as in the case of the estate of a native of the
country, notifying thereof the nearest consular officer as soon as
possible.
These consular officers shall be considered as the guardians of the orphans
and minors of their respective countries, as to their persons and property,
under the responsibilities created by their laws.
By Article 28 the consular officers are to be exclusively charged with the
interior police of the merchant ships of their countries, and the local
authorities cannot intervene unless the disorders are of such a nature as to
disturb the public tranquillity, whether on land or on board the vessels.
But in all which concerns the police of the ports, to the loading and
unloading of vessels, to the safety of merchandise, goods and effects, the
citizens of the two countries shall be respectively subject to the local
laws.
Article 29 refers to the rendition of mariners deserting from their vessels.
From this article, seamen native of the foreign state are excepted.
By Article 30, in the absence of stipulations to the contrary by those
interested, consuls are to adjust marine averages, &c.
Article 31 regulates the procedure of consuls in case of wreck.
By Article 32, should one of the contracting parties deem that any of the
stipulations of the treaty have been infringed to his detriment, he should
address immediately to the other party a statement of the facts, jointly
with a demand for reparation, accompanied with necessary documents and
proofs to establish the lawfulness of the remonstrance. Reprisals or
hostilities cannot be authorized until the reparation sought has been denied
or arbitrarily postponed.
By Article 33 the treaty is to continue until December 31, 1877, commencing
with the date of the exchange of ratifications, and a year’s notice to be
given before expiration of the limitation, or the treaty to continue in
force another twelve months, and so on.
By article 34, the treaty, composed of 34 articles, is to be ratified in
Berlin within twelve months, or sooner, if possible. In the ratifications
the 9th section was thus interpreted by mutual consent of both
governments.
In the unfortunate event of a war between the two high contracting parties,
as well the merchants as all the other citizens of the one residing within
the territory of the other, without any exception, may continue their
residence and the free exercise of their profession and industry without
disturbance, while they do not commit any offense against the laws of the
country.
The liberal provisions of this treaty, especially regarding the amelioration
of war, and the recognition of neutral rights and obligations as between the
contracting parties, with the privileges and exemptions granted to their
respective citizens, and also the specifications of power and obligation to
their consular officers, and the consideration that the “most favored
clause” in the treaties between the United States and Salvador may apply
many of these stipulations to our own affairs with this republic, has
prompted me to present the foregoing analysis.
[Translation.]
Treaty of friendship, commerce, and navigation between
the republic of Salvador and His Majesty the King of Prussia, in the
name of the North German Confederation, and of the Zollverein.
The republic of Salvador, on the one hand, and on the other His Majesty
the King of Prussia, in the name of the North German Confederation, and
of the members of the German, trade and customs union, called the
Zollverein, not belonging to said confederation, to wit, the kingdom of
Bavaria, the kingdom of Wurtemberg, the grand duchy of Baden, and the
grand duchy of Hesse, for their possessions situated south of the Main,
as well as for the grand duchy of Luxemburg, which adheres to their
system of customs and imposts on one hand, desiring reciprocally to
strengthen and draw closer their relations and interests, have resolved
to conclude a treaty of friendship, commerce, and navigation.
To this end they have appointed their respective plenipotentiaries, to
wit:
- His excellency the President of the republic of Salvador, Dr.
Rafael Zaldivar, envoy extraordinary and minister
plenipotentiary;
- His Majesty the King of Prussia, his minister of state,
Martin Frederick Rodolphus Delbruck,
president of the chancery of the North German
Confederation;
Who, after having exhibited their full powers, have agreed upon the
following articles:
Article I.
There shall be peace and perpetual friendship between the republic of
Salvador, on the one hand, and the North German Confederation and the
states forming the German Zollverein, on the other, and between the
citizens of both parties, without exception of persons or places.
Article II.
There shall be, reciprocally, full and entire freedom of trade between
the territories of the republic of Salvador and all the territories of
the German states.
The citizens of the high contracting parties may go freely, and with all
safety, with vessels and cargoes, to all those places, ports, and rivers
of Salvador and Germany where navigation now is, or may hereafter be
permitted, for vessels and cargoes of any nation or state.
Salvadoreans in Germany, and Germans in Salvador, shall enjoy, in this
respect, the same liberty and security as native citizens. As regards
trade in intermediate ports, and the coasting trade, they shall be
treated as the citizens of the most favored nation.
Article III.
The citizens of each of the two high contracting parties may enter, with
perfect freedom, any portion of the territories of the other, reside
there, travel, carry on trade, either at wholesale or retail, rent and
own such warehouses and stores as they may need, transport merchandise
or coin, and receive consignments both from the interior and from
foreign countries, without being in any case subjected to the payment of
taxes, either general or local, or to imposts or obligations of any kind
whatever, save those which now are, or may hereafter be, exacted from
native citizens.
They shall be at perfect liberty to transact their own business, to
present their own statements at the custom-house, or to obtain the
assistance of, or be represented by, whomsoever they may think proper,
either under the designation of attorneys, factors, agents, consignees,
interpreters, or anything else, either for the purchase or sale of their
property, effects, or merchandise, or for the loading, discharging, or
dispatch of their vessels.
[Page 802]
They shall have the right to transact such business as may be intrusted
to them by their countrymen, by foreigners or by natives, in the
capacity of attorneys, factors, agents, consignees, or interpreters; and
in no case shall they be subjected to the payment of any taxes or
imposts other than those which are levied upon native citizens, or the
citizens or subjects of the most favored nation.
They shall enjoy equal liberty in all their purchases and sales to fix
the prices of goods, merchandise, and articles of all kinds, whether
imported or intended for exportation.
In all this it is understood that the laws and regulations of the country
shall be obeyed.
Article IV.
The citizens of both contracting parties shall enjoy the fullest and most
constant protection for their persons and properties. They shall have
free access to the courts of justice for the prosecution and defense of
their rights. To this effect they may, under any circumstances, employ
such lawyers, attorneys, or agents of any kind as they may choose.
They shall have the right to be present to hear the decisions and
sentences of the courts in cases in which they may be interested, as
also the examinations and depositions of witnesses which may take place
in connection with trials, whenever the laws of the respective countries
shall permit the publicity of such matters. Finally, they shall enjoy,
in this respect, the same rights and privileges as native citizens; and
they shall be subjected to the same conditions that are imposed upon the
latter.
Article V.
Salvadoreans in Germany, and Germans in Salvador, shall be exempt from
all personal service in the national army or navy and the national guard
or militia, and likewise from the duty of accepting any functions or
offices, whether political, administrative, or judicial; likewise from
all extraordinary war taxes, forced loans, military requisitions or
services of any kind whatever. In all other cases they shall not be
subjected, either for their personal property or real estate, to any
charges, taxes, or imposts other than those which are exacted from the
citizens or subjects of the most favored nation.
Article VI.
The citizens of neither of the two countries shall be subjected by the
other to any seizure, nor shall their vessels, cargoes, merchandise, or
effects be detained for any military expedition or for any public use,
unless a suitable indemnity shall have been previously fixed, according
to custom, by the parties interested, or by experts appointed by them,
for all injuries, losses, delays, and damages which may be caused by the
use to which they may be applied or which may result from the same.
Article VII.
Salvadoreans residing in Germany, and Germans residing in Salvador, shall
enjoy perfect freedom of conscience, and the respective governments
shall not permit them to be molested, annoyed, or disturbed on account
of their religious belief, or for the exercise of their religion in
private houses, in chapels, or other places of worship, with the decorum
which is due to the Deity, and the respect which is due to the laws,
manners, and customs of the country.
Salvadoreans and Germans shall likewise be at liberty to bury their
countrymen who may die in Germany or in Salvador in suitable places
designated and set apart by them, with the consent of the local
authorities, or in such burial places as may be selected by the
relatives or friends of the deceased; and such funerals shall on no
account be disturbed.
Article VIII.
The citizens of each of the contracting parties shall have the right to
purchase and hold, in the territory of the other, all kind of personal
and real property; also the right to use the same with perfect freedom,
and to dispose of it as they may see fit, by sale, gift, exchange,
testament, or in any other manner. In like manner the citizens of one of
the countries, who are heirs to property situated in the other country,
may succeed, without impediment, to such portion of said property as may
become theirs ab intestato or by testament, with
power to dispose of the same as they may see fit; they shall, however,
in such cases, pay the same taxes that are paid by natives of the
country.
The marriage of a Salvadorean shall be considered as valid in Germany,
and the marriage of a German shall be considered as valid in Salvador,
if such marriage shall have been contracted according to the laws of
their respective countries.
If it shall be desired to export property acquired, by whatever title, by
Salvadoreans in Germany or by Germans in Salvador, in neither country
shall there be levied upon such property any of the taxes known jus detractus, gavel tax, emigration assessment,
or any other to which native citizens are not subjected.
[Page 803]
Article IX.
If (which God forbid) there should be a rupture of the peace between the
two high contracting parties, a term of six months at least shall be
granted by both parties to merchants on the coast, and of one year to
those in the interior of the country, to settle their affairs and
dispose of their property. They shall also be furnished with a
safe-conduct to enable them to embark in such port as they may designate
of their own accord, provided it be not besieged or blockaded by the
enemy, and that their going to such port may not compromise their own
security or that of the state, in which case they shall embark at such
place and in such manner as may be possible.
All other citizens having a fixed and permanent establishment in either
of the two countries for the exercise of any profession or trade, may
retain their establishments, and continue to exercise their professions
or trades, without being in any way molested; and they shall be left in
the full and entire enjoyment of their liberty, and of their property,
provided they commit no offense against the laws of the country.
Article X.
In no case of war or collision between the two countries shall property
or goods of any kind belonging to citizens of either of the contracting
parties be subjected to seizure or sequestration, or to any other taxes
or imposts than those which are exacted of native citizens. Sums due to
them from private individuals, public funds, and shares of stock in
banks or companies which may belong to them, shall, moreover, not be
seized, sequestrated, or confiscated to the prejudice of the aforesaid
citizens.
Article XI.
Salvadorean merchants in Germany, and German merchants in Salvador, shall
enjoy all the rights, liberties, and franchises for their trade which
are, or may hereafter be, granted to the citizens or subjects of the
most favored nation. Import duties levied in Salvador upon the products
of the soil or of the industry of Germany, and in Germany upon the
products of the soil or of the industry of Salvador, shall, therefore,
not be other or higher than those which are or which shall hereafter be
levied upon the same products of the most favored nation. The same
principle shall be observed in regard to exportation.
In the reciprocal commerce of the two countries no prohibition or
restriction of the importation or exportation of any article shall take
place, if it do not extend, at the same time, to all other nations; and
the formalities which may be required in proof of the origin of
merchandise imported from one of the two countries into the other shall
likewise be common to all other nations.
Article XII.
Salvadorean vessels, on their entrance into or departure from Germany,
and German vessels arriving in the ports of Salvador, or leaving the
same, shall not be obliged to pay higher tonnage or light-house dues,
port-charges, pilotage, quarantine, or other dues for the vessel than
are exacted from vessels belonging to natives of the country.
Tonnage and other dues which are computed according to the capacity of
the vessel shall be collected in Salvador from German vessels according
to the German register of each vessel, and vice
versa.
Article XIII.
All articles, of whatever kind, imported into the ports of one of the two
countries under the flag of the other, whatever may be their origin, and
from whatever country the importation may be made, shall pay no other
nor higher import duties, and shall be subject to no other taxes than if
they had been imported Under the national flag.
In like manner, all articles, of whatever kind, exported from one of the
two countries, under the flag of the other, to any country whatever,
shall be subjected to no other duties Or formalities than if they had
been exported under the national flag.
Article XIV.
Salvadorean vessels in Germany, and German vessels in Salvador, may
discharge a portion of their cargo in the port where they first arrive,
and then proceed with the rest of their cargo to the other ports of the
same country, either to finish discharging their cargo, or to complete
their return cargo, paying in each port no other and no higher duties
than are paid by vessels belonging to native citizens under similar
circumstances.
Article XV.
Vessels belonging to citizens of one of the two high contracting parties
which may be wrecked or sunk on the coasts of the other, or which, by
reason of proven stress of weather or damage sustained, may enter the
ports or touch upon the coasts of the other, shall be subjected to the
payment of no navigation dues, under whatever name
[Page 804]
they may he established, save those duties
to the payment of which vessels belonging to natives of the country are
subjected under similar circumstances.
They shall be permitted to transfer the whole or a part of their cargo to
other vessels, or to land and store the same, to prevent the goods from
being lost; and they shall be required to pay no charges save for
freight, storage, and the use of such public dock-yards as may be
necessary for the depositing of the goods and the repairing of the
damage suffered by the vessel. Every facility and protection shall also
be granted to them for this purpose, as likewise in order to procure
provisions and to be enabled to continue their voyage, without any
hinderance.
Article XVI.
All vessels sailing under the Salvadorean flag shall be considered as
Salvadorean vessels in Germany, and all vessels sailing under the German
flag shall be considered as German vessels in Salvador, provided they be
furnished with the papers required by the laws of each country as
evidence of the nationality of merchant vessels.
Article XVII.
Vessels, merchandise, and property, belonging to citizens or subjects of
either of the two countries, which may be taken by pirates within the
limits of the jurisdiction of one of the two contracting parties, or on
the high seas, or which shall be conveyed to a port, river, road, or bay
of the other, or found therein, shall be delivered up to their owners on
payment, if this shall be demanded, of such expenses for recovery as
shall be determined by the competent courts when the ownership shall
have been proved before the courts, by an application which must be made
within the term of one year by the parties interested or their
attorneys, or by the agents of the respective governments.
Article XVIII.
Vessels of war belonging to one of the two contracting parties may enter,
remain, and repair damages in such of the ports of the other as are open
to the most favored nation; they shall there be subject to the same
rules and enjoy the same advantages as those of the most favored
nation.
Article XIX.
If it shall happen that one of the two contracting parties shall be at
war with a third power, the other party shall in no case authorize its
citizens to take or accept a commission or letters of marque, to carry
on hostile opperations against the former, or to disturb the commerce
and property of its citizens.
Article XX.
The two high contracting parties hereby adopt, in their mutual relations,
the following principles:
- 1st.
- Privateering is abolished.
- 2d.
- A neutral flag covers a cargo belonging to the enemy,
excepting contraband of war.
- 3d.
- Goods belonging to a neutral, with the exception of contraband
of war, cannot be taken under a hostile flag.
- 4th.
- Blockades, in order to be obligatory, must be effective, that
is to say, maintained with a force sufficient really to prevent
the enemy from gaining access to the blockaded territory.
It is further agreed that the freedom of the flag also secures that of
persons, and that individuals belonging to a hostile power who shall be
found on board of a neutral vessel cannot be made prisoners unless they
are military men and engaged at the time when taken in the service of
the enemy.
The two high contracting parties will apply these principles, as regards
other powers, only to those which recognize them in the same manner as
they do themselves.
Article XXI.
In case one of the contracting parties shall be at war, and in case its
vessels shall have to exercise the right of search at sea, it is agreed
that if they shall meet a vessel belonging to another party which
remains neutral, they shall keep out of cannon-shot, and that they may
send in their boats only two persons, with power to examine the papers
relating to their nationality and cargo.
Commanders shall be responsible for any molestation or act of violence
which they may commit or suffer to be committed on such an occasion.
It is further agreed that a neutral party shall in no case be obliged to
pass on board of the searching vessel, either in order to exhibit papers
or for any other purpose.
Search shall only be permitted in the case of vessels sailing without a
convoy. When convoyed, it shall be sufficient for the commander to
declare verbally, on his word of honor, that the vessels placed under
his protection and that of his force belong
[Page 805]
to the country whose flag they carry, and for him
also to declare, when the said vessels are bound to a hostile port, that
they carry nothing that is contraband of war.
Article XXII.
In case any of the two countries shall be at war with any other power,
the citizens of the other country may continue their commerce with and
navigation to the territory of this same power, excepting such cities or
ports as may be really besieged or blockaded; this liberty of commerce
and navigation, however, shall in no case be extended to articles which
are considered contraband of war, such as fire-arms, side-anus,
projectiles, gunpowder, saltpeter, military accoutrements, and all
instruments for warlike purposes.
In no case shall a merchant-vessel belonging to citizens of one of the
two countries, which has cleared for a port blockaded by the other, be
taken, captured, or condemned, unless it shall have been previously
notified of the existence of a blockade by some vessel forming part of
the blockading squadron or division; and in order that pretended
ignorance of the facts may not be alleged, and that a vessel which has
been duly notified may be liable to capture, if it shall subsequently
appear before the same port, during the existence of the blockade, the
commander of the vessel of war which shall first recognize it, shall
affix his signature to the papers of such vessel, stating the day, the
place or the latitude on or in which he visited it and communicated the
aforesaid notification with the formalities required by the same.
Article XXIII.
Each of the two high contracting parties may establish consulates in the
territory and dominions of the other for the protection of their
commerce; but these agents shall not enter upon the exercise of their
functions, nor shall they enjoy the rights, privileges, and immunities
attached to their office, without having previously obtained an
“exequatur” from the government of the territory; the latter reserving
the right to determine at what places it is expedient for it to permit
consuls to reside. It is understood that the government shall apply no
restriction in this respect which is not common, in its country, to all
nations.
Article XXIV.
Consuls-general, consuls, vice-consuls, and consular agents, likewise
consular pupils, chancellors, and secretaries attached to missions,
shall enjoy, in both countries, all privileges, exemptions, and
immunities which may be granted, at their places of residence, to the
agents of the same rank of the most favored nation.
Consules missi, the citizens of the contracting party appointing them,
shall be exempted from having troops quartered in their houses, and from
direct taxes, whether personal, mobiliary, or sumptuary, levied by the
state or by the municipalities. If, however, such agents shall be
merchants, or shall be engaged in any industrial occupation, or shall be
the owners of real property, they shall be considered as citizens of the
state to which they belong, as regards taxes and contributions in
general.
Consules missi, citizens of the contracting party appointing them, shall
enjoy personal immunity, and shall not be arrested or imprisoned, save
for serious offenses or crimes.
As to consuls who are citizens of the country where they reside, or
merchants, their personal immunity shall only be understood to extend to
cases of debt or other civil causes not connected with the business
carried on by them for their own account pr by their employés.
Such agents may place a representation of the arms of their country over
the front door of their houses, together with an inscription saying:
consulate of——; they may also raise the flag of their country over the
consular building on public or national holidays; but these external
signs shall never be considered as affording the right of asylum.
In case of the death, impediment, or absence of consuls-general, consuls,
vice-consuls, and consular agents, consular pupils, chancellors, and
secretaries shall be considered as fully entitled to transact the
business of the consulate ad interim.
Article XXV.
The archives, and, in general, all papers belonging to consulates shall
be inviolable, and shall not be taken or examined by the legal
authorities under any pretext, or in any case.
Article XXVI.
The consuls-general and consuls of the two countries shall be at liberty
to appoint vice-consuls and consular agents in the various cities,
ports, or places of their consular districts, where the good of the
service intrusted to them may require it; but in all
[Page 806]
such cases, the approval or exequatur of
the government of the territory shall he considered a requisite. Such
agents may he citizens of either of the two countries or forgners.
Article XXVII.
The consuls-general, consuls, vice-consuls, or consular agents of the two
countries may, in the case of the death of one of their countrymen
without having made a will or appointed testamentary executors:
- 1st.
- Place their seals, either in virtue of their office or at the
request of the parties interested, upon the movable property and
papers of the deceased, informing the proper local magistrate
beforehand, that he may be present at this proceeding, and even,
if he thinks proper, place his seal by the side of that placed
by the consulate, and in such case the two seals shall not be
removed save by common consent.
- 2d.
- Likewise take an inventory of the property left, in the
presence of the proper authorities, if the latter shall think
proper.
- 3d.
- Cause the movable property belonging to the estate to be sold,
according to the custom of the country, when said property may
become injured by the lapse of time, or when the consul may
consider the sale of the same advantageous to the interests of
the heirs of the deceased.
- 4th.
- Administer or settle personally, or appoint, on his own
responsibility, an agent to administer and settle the said
estate, without any interference in these latter proceedings on
the part of the local authorities.
It shall, however, be the duty of said consuls to cause the death of any
of their countrymen to be announced in one of the newspapers published
within their district, and they shall not be at liberty to deliver the
property or its proceeds to the legitimate heirs or their attorneys
without having previously paid all debts which may have been contracted
by the deceased in the country, or until after a year from the time of
the announcement of the decease shall have elapsed without any claims
having been presented against the estate.
Where there is no consul in the place where the deceased was domiciled,
the proper authorities shall, by themselves, perform the same offices as
they would perform under similar circumstances in the case of property
left by a native of the country. It shall be their duty, however, to
notify the nearest consul or consular agent as soon as possible of the
decease.
Consuls-general, consuls, vice-consuls, and consular agents shall be
considered as guardians of orphans and minors belonging to their
country, and in this capacity they shall take all measures which maybe
required by the welfare of their persons and property, shall manage
their property and perform all the duties of guardians, under the
responsibility provided for by the laws of their country.
Article XXVIII.
The consuls-general, consuls, vice-consuls, or consular agents of the two
countries shall have the sole charge of the interior police of the
merchant-vessels belonging to their country, and the local authorities
shall not interfere with this so long as the disorders committed are not
of such a nature as to disturb the public tranquillity, either on land
or on board of the vessels.
In everything relating to the police of the ports, to the loading and
unloading of vessels, to the security of merchandise, property, and
effects, the citizens of both countries shall be subject to the laws and
statutes of the territory.
Article XXIX.
The consuls-general, consuls, vice-consuls, and consular agents of the
two countries may cause seamen who have deserted from the vessels of
their respective countries to be arrested and sent either on board or to
their own country. To this effect, they shall address the proper local
authorities in writing, and shall furnish evidence, by exhibiting the
register of the vessel or the crew-list, or, if the vessel shall have
sailed, a copy of said document duly certified by them, that the men
claimed formed part of the said crew. On this requisition, thus
supported, the surrender of the men shall not be refused to them; all
aid and assistance, moreover, shall be furnished to them for the search,
apprehension, and arrest of said deserters, who shall be detained and
guarded in the prisons of the country, at the request and for the
account of the said agents, until these agents shall have found an
opportunity to deliver them to some proper person or to send them away.
If, however, such an opportunity shall not present itself within the
space of three months from the day of the arrest, the deserters shall be
set at liberty, and shall not be re-arrested for the same cause.
Article XXX.
When no stipulations to the contrary shall have been made among the
owners, freighters, and underwriters, the amount of damage which may
have been sustained by the vessels of the two countries at sea shall be
determined by the consuls-general, consuls,
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vice-consuls, or consular agents of their
countries, unless the inhabitants of the country where said agents
reside are interested in the amount of damage, because in this case it
should be fixed by the local authorities, unless an amicable arrangement
shall be made between the parties.
Article XXXI.
When any vessel belonging to the government or the citizens of one of the
high contracting parties shall be wrecked or shall run aground on the
shore of the other, it shall be the duty of the local authorities to
send information of the fact to the consul-general, consul, vice-consul,
or consular agent of the district, or, if there be none, to the
consul-general, consul, vice-consul, or consular agent whose residence
shall be nearest to the place where the accident shall have
occurred.
All operations relative to the saving of Salvadorean vessels which may
have been wrecked or stranded in the waters of North Germany, shall be
performed in accordance with the laws of the country; and, reciprocally,
all operations relative to the saving of German vessels which may have
been wrecked or stranded in the waters of Salvador, shall likewise be
performed in accordance with the laws of the country.
The intervention of the said consular agents shall only take place in the
two countries for the purpose of exercising surveillance over operations
relative to the repairing, reprovisioning, or, if necessary, the sale of
vessels stranded or wrecked upon the coast.
The intervention of the local authorities in any of these cases shall be
attended with no expense whatever, excepting that which may be
occasioned by the operations of saving and the preservation of saved
property; excepting, also, the charges which vessels belonging to
natives of the country may be required to pay under similar
circumstances.
Article XXXII.
In case one of the contracting parties shall think that any of the
stipulations of the present treaty have been infringed to its prejudice,
it shall immediately address a statement of the facts to the other
party, together with a demand for reparation, accompanied by the
documents and proofs necessary to establish the legitimacy of its
complaint; and it shall not authorize acts of reprisal nor commit
hostilities until the reparation asked for shall have been denied or
arbitrarily delayed.
Article XXXIII.
The present treaty shall continue in force from the date of the exchange
of the ratifications until the 31st day of December, 1877, and if,
twelve months previously to the expiration of this term, neither of the
two parties shall announce, by an official declaration, its intention to
cause the effects of said treaty to cease, it shall remain in force for
another year, and so on, until one year shall have elapsed from the date
of the aforementioned official declaration.
Article XXXIV.
The present treaty, consisting of thirty-four articles, shall be
ratified, and the ratifications shall be exchanged, at Berlin, within
the space of twelve months, or sooner, if possible.
In testimony whereof the plenipotentiaries have signed the present
treaty, and have sealed it with their respective seals.
Done in the city of Berlin, in two Originals, on the thirteenth day of
June, one thousand eight hundred and seventy.
RAFAEL ZALDIVAR,
F. R. DELBEUCK.
ratification,
The President of the republic of Salvador to its inhabitants: Know ye,
that the chamber of deputies of the republic of Salvador has decreed as
follows:
The chamber of deputies of the republic of Salvador.
Whereas the treaty of friendship, commerce, and navigation, concluded
between the government of this republic and His Majesty the Emperor of
Germany, is advantageous to the interests of the contracting countries,
as appears from an examination of it, has seen fit to decree and
Decrees: Only article. The treaty of friendship, commerce, and
navigation, concluded between the government of this republic and His
Majesty the Emperor of Germany, on the 14th day of June, in the year
1870, is hereby ratified with the modification made by the German
Parliament in the 9th article of said treaty in these terms: “In the
unfortunate case of a war between the two high contracting parties, both
the merchants and other citizens of the one, residing in the territory
of the other, without any exception, may continue their residence and
the free exercise of their profession
[Page 808]
and industry, without being disturbed in any
manner, so long as they commit no offense against the laws of the
country.”
Done in the hall of sessions of the chamber of deputies at San Salvador,
March 14, 1872.
Let it be sent to the senate.
DOROTEO VASCONCELOS,
Deputy, President.
MACARIO ARAUJO,
Deputy, Seretary.
MARIANO MORALES,
Deputy, Secretary.
Chamber of senators, San Salvador, March 16, 1872.
To the executive.
JOSÉ SILVA,
Senator, President.
AMUEL SAN MARTIN,
Senator, Secretary.
ANTONIO GRIMALDI,
Senator, Secretary.
National Palace, San Salvador, March 18, 1872.
Therefore let it be executed.
SANTIAGO GONZALEZ.
In the absence of the minister the chief clerk,
RAFAEL REYES.
certificate of exchange.
The undersigned have met this day for the purpose of exchanging the
ratifications of the treaty of friendship, commerce, and navigation,
concluded between the republic of Salvador and Germany on the thirteenth
day of June, one thousand eight hundred and seventy, which ratifications
have been verified on both sides. At the same time there has been
presented to the representative of the German Empire, by the
plenipotentiary of Salvador, an official copy of a decree of the
legislative assembly of this republic, dated March 14, 1872,
interpreting Article IX of said treaty, in the same manner and in the
same terms as this article has been interpreted in the Instrument of
ratification which bears the signature of His Majesty-the Emperor of
Germany.
The certificates of ratification having been issued in good and due form,
the exchange took place.
In testimony whereof the undersigned have
issued the present protocol in duplicate. Done at
Berlin, September 19, 1872.
