No. 345.
Mr. Biddle to Mr. Fish.

No. 110.]

Sir: I have the honor to transmit herewith a copy extracted from the Boletin Official of the 8th instant of a treaty of friendship, commerce, and navigation concluded between the republic of Salvador and Germany on the 13th of June, 1870, the ratifications of which were exchanged in Berlin on the 19th of September, 1872.

Article 1st stipulates for perpetual peace and friendship between the two nations and their citizens.

[Page 797]

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.

When acquired property is exported to either country no charges known as “jus detractus,” gavel tax, or emigration assessment, or any other to which natives are not subjected.

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.

[Page 798]

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:

1.
The abolition of privateering.
2.
The neutral flag protects enemy’s goods, with the exception of contraband of war.
3.
Neutral goods, with the exception of contraband of war, cannot be seized under the enemy’s flag.
4.
Blockades to be obligatory must be effective—that is to say, maintained, by a sufficient force to actually hinder access to the territory of the enemy.

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.

Consuls sent, (Consules enviados,) citizens of the contracting party which names them, shall enjoy immunity to their dwellings, and from direct contributions, whether they be personal or otherwise, imposed by the state or the municipalities. But if the said agents become merchants, or pursue any employment or possess landed property, they shall be considered as citizens of the state to which they belong in that pertaining to charges and contributions.

Consuls sent, (consules missi,) citizens of the contracting party which names them, shall enjoy personal immunity, so that they cannot be arrested or imprisoned save for serious offenses.

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.

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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.

I have, &c.,

THOMAS BIDDLE.
[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.

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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, [Page 807] 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.


  • G. KETTENGELL.
  • DELBEÜCK.