The present convention shall be ratified and the ratifications exchanged at the city of Washington within twelve (12) months, and sooner if possible.3 In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed their seals. Done at the city of San Salvador the Twenty-third day of May, A.D. one thousand eight hundred and seventy, and of the Independence of the United States the ninety-fourth. 'See footnote 1, p. 474. ALFRED T. A. TORBERT [SEAL] [SEAL] AMITY, COMMERCE, AND CONSULAR PRIVILEGES Treaty signed at San Salvador December 6, 1870 Senate advice and consent to ratification March 31, 1871 Ratifications exchanged at Washington March 11, 18741 Entered into force March 11, 1874 Proclaimed by the President of the United States March 13, 1874 18 Stat. 725; Treaty Series 310 A GENERAL TREATY OF AMITY, COMMERCE, AND CONSULAR PRIVILEGES BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF SALVADOR The United States of America and the Republic of Salvador, desiring to make lasting and firm the friendship and good understanding which happily exist between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between each other by means of a treaty or general convention of peace and friendship, commerce and consular privileges. For this desirable object the President of the United States of America has conferred full powers upon General Alfred T. A. Torbert, Minister Resident, and the President of the Republic of Salvador has conferred similar and equal powers upon Doctor Don Gregorio Arbizú, Minister of Foreign Relations; who, after having exchanged their said full powers in due form, have agreed to the following articles: ARTICLE 1ST There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Republic of Salvador, in all the extent of their possessions and territories, and between their citizens, respectively, without distinction of persons and places. 1 1 Time for exchange of ratifications extended by convention of May 12, 1873 (TS 311), post, p. 495. 2 Pursuant to notice of termination given by El Salvador May 30, 1892. ARTICLE 2ND The United States of America and the Republic of Salvador, desiring to live in peace and harmony with all the nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely if the concession was freely made, or on allowing the same compensation if the concession was conditional. ARTICLE 3RD The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis. of perfect equality and reciprocity, mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside therein, and shall have the power to purchase and hold lands, and all kinds of real estate, and to engage in all kinds of trade, manufactures, and mining, upon the same terms with the native citizens, and shall enjoy all the privileges and concessions in these matters which are or may be made to the citizens of any country, and shall enjoy all the rights, privileges, and exemptions in navigation, commerce, and manufactures which native citizens do or shall enjoy, submitting themselves to the laws, decrees, or usages there established to which native citizens are subjected. But it is understood that this article does not include the coasting-trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws. ARTICLE 4TH They likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be from time to time lawfully imported into the United States in their own vessels, may be also imported in vessels of the Republic of Salvador; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and in like manner that whatever kind of produce, manufactures, or merchandise of any foreign country can be from time to time lawfully imported into the Republic of Salvador in its own vessels, may be also imported in vessels of the United States; and that no higher or other duties. upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or the other. And they further agree that whatever may be lawfully exported or re-exported from one country in its own vessels to any foreign country may, in like manner, be exported or re-exported in the vessels of the other country; and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Republic of Salvador. ARTICLE 5TH No higher or other duties shall be imposed on the importation into the United States of any articles the produce or manufactures of the Republic of Salvador; and no higher or other duties shall be imposed on the importation into the Republic of Salvador of any articles the produce or manufactures of the United States than are, or shall be, payable on the like articles, being the produce or manufactures of any foreign country; nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States, or to the Republic of Salvador, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles the produce or manufactures of the United States, or of the Republic of Salvador, to or from the territories of the United States, or to or from the territories of the Republic of Salvador, which shall not equally extend to all other nations. ARTICLE 6TH In order to prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the three preceding articles are, to their full extent, applicable to the vessels of the United States, and their cargoes, arriving in the ports of Salvador, and reciprocally to the vessels of the said Republic of Salvador, and their cargoes, arriving in the ports of the United States, whether they proceed from the ports of the country to which they respectively belong or from the ports of any other foreign country; and, in either case, no discriminating duty shall be imposed or collected in the ports of either country on said vessels, or their cargoes, whether the same shall be of native or foreign produce or manufacture. ARTICLE 7TH It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, to manage by themselves or agents, their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignments and sale of their goods and merchandise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on an equality with the subjects or citizens of the most favored nation. ARTICLE 8TH The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandise, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested an equitable and sufficient indemnification. ARTICLE 9TH Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or dominions of the other with their vessels, whether merchant or war, public or private, through stress of weather, pursuit of pirates or enemies, or want of provisions or water, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind. ARTICLE 10TH All the ships, merchandise, and effects belonging to the citizens of one of the contracting parties which may be captured by pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving in due and proper form their rights before the competent tribunals; it being well understood that the claim shall be made within the term of one year by the parties themselves, their attorneys, or agents, of their respective governments. ARTICLE 11TH When any vessels belonging to the citizens of either of the contracting parties shall be wrecked or foundered, or shall suffer any damage on the coasts or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens; permitting them to unload the said vessel, if necessary, of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, unless they may be destined for consumption or sale in the country of the port where they may have been disembarked. ARTICLE 12TH The citizens of each of the contracting parties shall have power to dispose of their personal goods or real estate within the jurisdiction of the other, by sale, donation, testament, or otherwise; and their representatives, being citizens of the other party, shall succeed to their said personal goods or real |