long 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-arins, side-arms, 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 iminunities 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 or 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, viceconsuls, 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

such cases, the approval or exequatur of the government of the territory shall be considered a requisite. Such agents may be 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 conntrymen 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 may be 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,

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 consulgeneral, 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 ofticial 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.

RATIFICATION.

RAFAEL ZALDIVAR,
F. R. DELBRÜCK.

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 advantageons 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

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.

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.

G. KETTENGELL.
DELBRÜCK.

No. 346.

No. 111.]

Mr. Biddle to Mr. Fish.

LEGATION OF THE UNITED STATES,

San Salvador, March 22, 1873. (Received April 21.)

SIR: In my dispatch No. 107, I described the "temblor" of the 4th instant. At two o'clock a. m. of the 19th, a fearful earthquake overwhelmed the whole city of San Salvador and its vicinity.

The dreadful catastrophe, with its startling phenomena, may pardon a digression from the formality of official correspondence to a narrative of personal experience. My family, who had found refuge in the mountains from the alarm of the 4th instant, had returned to the city with the subsiding anxiety. All had continued tranquil, when at about two o'clock on the morning of the 19th I was aroused by a violent earthquake. I hastily dressed and hurried my family to the open air. Although in the dry season, heavy clouds obscured the moon, and the atmosphere was oppressive. These meteorological indications have been frequently noticed at such times. For some fifteen minutes all was still. We were on

the eve of returning to rest when a terrific reverberation, which baffles description, proceeded from subterranean depths, as if the very globe was being rent in twain; the earth swelled and heaved, and split in chasms, and within less time than I can write it the whole city was a chaotic ruin. It came crashing down with dreadful din, and above all arose a maddened yell from the frantic populace, and then there was a dreadful silence, with clouds of stifling dust; then another loud concus sion under foot, and another terrible convulsion of the earth, with the crash of buildings and the wild outcry from men and animals.

We were saved as by a special interposition of Providence. In the center of the "patio" or court-yard of my residence is a little orange tree. In the black night this indicated the spot farthest from any falling wall or roof. Here we collected, and clung to its branches, as the surging ground yawned, and closed, and quivered, and shock succeeded shock; thunderings under foot growing louder and yet more awful, and a dreadful concussion distinguishable above all from the simultaneous crash of a falling city. Not only our whole house, furniture, &c., was completely demolished, but the ground had opened and one-half of our garden had slid into the valley below!

This experience was that of all. It seemed as though daylight would never dawn; and at last it disclosed a dreadful scene of devastationpalace, churches, court-houses, warerooms, dwellings of the poor and rich, all suffering one common fate, whilst the avenues to the ruined chapels were thronged with tearful multitudes who knelt in the open air to supplicate Heaven for safety.

Our own preservation seemed almost miraculous; our house a shapeless ruin, and heavy beams and fragments of masonry surrounding us and within two feet of the little tree round which we had rallied as our only sanctuary from inevitable death. I breathed a prayer, silent but fervent, to the Great Being who had preserved us from the dangers of the past night. With the gray of dawn a brave Kentuckian, settled here as a mechanic, Mr. Carter, an insurgent in the rebellion, but now a loyal citizen, scaled the ruined walls to be assured of our safety, and by his side was Mr. Bogen, a noble German sugar-planter, who said that he had ox-carts in the suburbs to carry my young family to a safe asylum at his estate, Monte Christo.

There were many acts of courage and devotion which shone like beacons mid the devastation.

Daylight disclosed the most appalling spectacle-a prosperous mountain city reduced by one mighty blow to shapeless ruin; and this extending to the many neighboring Indian villages, thus differing from destruction by fire, although to heighten the horrors here a whole block was wrapped in flames from the explosion of chemicals. Also, when the first fury of a conflagration is spent, human efforts may arrest its progress, but man is impotent to stay the "temblor," or to divine its career.

The thoroughfares were filled four feet deep with the debris of buildings, and any there must have hopelessly perished. The terrified population poured in swarms to encampments in the open fields.

I promptly visited President Gonzalez, whom I found in a tent pitched in the public plaza. He was calm and energetic, devising means for the general safety and tranquillity. I offered deepest sympathy and any services within my power. He answered with a tear and a pressure of

the hand.

Most harrowing is the despair of the poor; very many have lost their all.