File No. 13468/–1.
Chargé Gregory to
the Secretary of State.
American Legation,
San
Salvador, April 21,
1908.
No. 77, Salvadorean series.]
Sir: I have the honor to forward herewith the
original and translation of an executive decree recently issued in
Salvador relating to treaties, status of foreigners, etc., for the
department’s information.
I have, etc.,
[Page 706]
[Inclosure.—Translation.]
The national sovereignty and the treaties and
conventions—Decree of the executive power.
Taking into consideration that according to the provisions of article
91, section 3 of the constitution, foreign relations are exclusively
directed through the executive power and that rules should be
established regulating said faculty, it has been decreed as follows:
- Article 1. The minister for
foreign affairs will proceed to denounce the treaties and
conventions now in force, whereby the national sovereignty
is in any way diminished and whereby there is conferred on
the agents of foreign nations the exercise of judicial
functions within the national territory, referring to
nations and foreigners, be these functions of voluntary or
contentious jurisdiction, and which according to our
legislation should be exercised by Salvadorean
officials.
- Art. 2. Notarial acts executed
in El Salvador before the agents referred to in the
foregoing article will only have before our tribunals the
probationary value as is given them by the Salvadorean
laws.
- Art. 3. It is prohibited to
stipulate in treaties or international agreements the
national treatment accorded in matters where our laws do not
put the natives on an equal footing with foreigners.
- Art. 4. In the treaties of
commerce, navigation, and consular privileges, the
favored-nation treatment can be granted, when the importance
of the commercial, maritime, and other relations which it is
the custom to stipulate in treaties of this kind, would
reciprocally be beneficial to El Salvador and the other
contracting party; the opinion of the secretary of finance
should be previously sought on the matter.
- Art. 5. In the consular
conventions which will be hereafter concluded, there can not
be granted to foreign consuls functions, privileges, or
immunities which will be contrary to the principles set
forth in the law on foreign consular missions now in
force.
- Art. 6. The negotiators of our
international treaties will endeavor to introduce in the
arguments referred to in article 4 a special clause which
will determine the cases in which the official action of
diplomatic agents in civil, criminal, or administrative
cases of their fellow citizens is admissible under
international law; by denial of justice; for lack of the
execution of a final judgment or by express violation of the
treaties in force, or the rules of the public or private
international law generally recognized by civilized nations,
whenever in either one or the other case all the means that
the respective legislation grants to the plaintiff have been
exhausted.
- Art. 7. There will also be
endeavored to introduce in said treaties the principle of
the irresponsibility of the Governments for damages, libel,
or exactions caused to persons or properties of foreigners
in times of insurrection or civil war within the national
territory by rebels or revolutionists.
- Art. 8. None of the benefits or
special favors which are granted in Central American
treaties, according to the constitution, can be claimed by a
foreign country by reason of a favored-nation clause, unless
said benefit or favor has also been granted to another
foreign nation.
- Art. 9. The minister for foreign
affairs will suspend any negotiation pending on
international agreements which are in any way contrary to
the foregoing provisions.
- Art. 10. This decree will be
submitted during the present sessions of the assembly for
its approval.
Executed in the executive palace,
San Salvador, April 13,
1908.
F. Figueroa.
The minister for foreign affairs,
