File No. 13934/4.
Minister Dodge to
the Secretary of State.
American Legation,
San
Salvador, May 18,
1908.
No. 85.]
Salvadorean Series.]
Sir: I have the honor to inclose to you
herewith a copy and English translation which I have had made of a
treaty of commerce between El Salvador and the German Empire, which was
signed at this capital on April 14 last, as well as the text and an
English translation of notes, dated April 14 last, exchanged between the
acting minister for foreign affairs and the German minister at this
capital, relating to this treaty.
I also inclose a copy and English translation of the act of the National
Assembly of El Salvador, ratifying this treaty and the notes relating to
it.
By the treaty mentioned, El Salvador and the German Empire accord to one
another in commercial, maritime, and consular matters
most-favored-nation treatment, excepting only the other countries of
Central America. By the exchange of notes it is agreed that intervention
by the respective diplomatic representatives in either country shall be
limited to cases generally recognized as proper for diplomatic action by
most civilized nations. The ratification by the German Empire of this
treaty has not yet been received.
I have, etc.,
H. Percival Dodge.
I desire to add to the foregoing dispatch that the provisions in regard
to the intervention of diplomatic representatives contained in the notes
mentioned above, exchanged between the Salvadorian Government and the
German minister, are in compliance with article 6 of the act of the
Assembly of Salvador approved April 13 last, a copy and translation of
which accompanied Mr. Gregory’s dispatch No. 77 of the 21st ultimo.1 According to this act such
a provision as this must appear in all treaties of commerce entered into
by El Salvador.
[Inclosure
1—Translation.]
Treaty of commerce between El Salvador and
Germany.
His Excellency the President of the Republic of El Salvador and His
Majesty the German Emperor, King of Prussia, in the name of the
German Empire, animated by the desire to preserve the relations of
good harmony, happily existing between the Republic of El Salvador
and the German Empire and to encourage commerce between both
countries, have resolved to conclude to this end a Treaty and have
designated for that purpose:
His Excellency the President of the Republic of El Salvador: Senor
Doctor Salvador Rodriguez Gonzales, Minister for Foreign
Affairs;
[Page 532]
His Majesty the German Emperor, King of Prussia; Count Uric von
Schwerin, Envoy Extraordinary and Minister Plenipotentiary near the
Republic of El Salvador, who have agreed on the following
articles:
Article I.
The contracting parties agree to concede reciprocally the
most-favored-nation treatment in commercial, maritime, and consular
matters; and accordingly any right, privilege or favor one of them
may grant to a third nation will ipso facto be granted to the other
contracting party.
Article II.
Any right, privilege, or favor which El Salvador has conceded or will
concede in the future to the other Republics of Central America or
to any one thereof will not be understood as conceded to the German
Empire in accordance with the provisions of Article I, unless the
same has been granted to a third nation.
Artice III.
The present treaty shall be ratified and the ratifications exchanged
at the earliest possible date.
This treaty shall remain in force for ten years beginning on the date
of the exchange of the ratifications and unless one of the
contracting parties twelve months before the termination of this
period has declared to the other its intention of denouncing this
treaty, it shall continue in force for one year more and so on
successively for one year more until the aforementioned declaration
is made.
In witness whereof the respective Plenipotentiaries have signed the
present treaty and have affixed thereunto their respective
seals.
Made in duplicate in the Spanish and
German languages at San Salvador, the fourteenth day of
April nineteen hundred and eight.
SS.
Salvador Rodriguez
G.
SS.
Schwerin.
[Inclosure
2—Translation.]
The Under Secretary for
Foreign Relations of Salvador to the German Minister.
Executive
Palace,
San
Salvador, April 15, 1908.
Having considered the foregoing treaty of commerce concluded in San
Salvador the 14th instant between Señor Dr. Salvador Rodriguez G.,
minister for foreign affairs, duly authorized by this Government,
and his excellency Count Ulric von Schwerin, envoy extraordinary and
minister plenipotentiary of Germany in this Republic, on the part of
His Majesty the German Emperor, King of Prussia, consisting of a
preamble and three articles, and finding it in accordance with the
instructions given for that purpose to said Señor Dr. Rodriguez G.,
the executive power decrees: The approval of the same in all its
parts and submits the same to the National Assembly for its
constitutional ratification.
(Signed by the President.)
The
Undersecretary for Foreign Relations,
Cañas.
[Inclosure
3—Translation.]
The German Minister
to the Minister for Foreign Relations of
Salvador.
Legation of the German Empire in Central
America,
San
Salvador, April 14,
1908.
Mr. Minister: Having agreed to-day upon a
treaty of commerce between the German Empire and the Republic of
Salvador, I have the honor, in the name of the Imeprial Government,
to confirm to the Government of the Republic of El Salvador the
following:
[Page 533]
“The contracting parties are in accord that, for the exercise
of diplomatic protection in case the aforementioned treaty
of commerce becomes effective and during its duration, the
principles set forth in Article XVIII, paragraph 2, of the
German-Mexican treaty of commerce of December 5, 1882, shall
be applicable.”
I have the pleasure, etc.,
[Inclosure
4—Translation.]
The Minister for Foreign
Affairs of Salvador to the German
Minister.
Executive
Palace,
San
Salvador, April 14, 1908.
Mr. Minister: I have the honor of receiving
your excellency’s note dated to-day, in which you have been good
enough to inform me that, having agreed to a treaty of commerce
between the German Empire and the Republic of El Salvador, your
excellency confirms, by order of the Imperial Government, to the
Government of the Republic of El Salvador the following:
“The contracting parties are in accord that, for the exercise of
diplomatic protection in case the aforementioned treaty of commerce
becomes effective and during its duration, the principles set forth
in Article XVIII, paragraph 2, the German-Mexican treaty of commerce
of December 5, 1882, shall be applicable.”
This declaration being entirely in accord with the agreement made
with your excellency in our verbal conferences, my Government takes
note of this, accepting in this respect the stipulation contained in
Article XVIII, paragraph 2, of the treaty concluded between Germany
and Mexico.
I renew, etc.,
Salvador Rodriguez
Gonzales.
