Imágenes de páginas
PDF
EPUB

sue 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.

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.

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 pay ment 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 expor

tation.

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 deposi tions 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 ap pointed 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 Salvadoreaus in Germany or by Germans in Salvador, in neither country shall there be levied upon such property any of the taxes known as jus detractus, gavel tax, emigration assessment, or any other to which native citizens are not subjected.

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 he 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

they may be 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 govern

ments.

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 hat individuals belonging to a hostile power who shall be found on board of a neutral ressel 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 cannonshot, 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 be

« AnteriorContinuar »