sul is, and for executing the commissions which the consul may think proper to intrust to them out of the place of his residence; provided, however, that such agents are not to enjoy the prerogatives conceded to consuls, but only those which are peculiar to commercial agents. ARTICLE 34TH The consuls of one of the contracting republics residing in another country may employ their good offices in favor of individuals of the other republic which has no consul in that country. ARTICLE 35TH The contracting republics recognize no diplomatic character in consuls, for which reason they will not enjoy in either country the immunities granted to public agents accredited in that character; but in order that the said consular officer is engaged in business, the papers relating to the consulate shall enjoy the following prerogatives: 1st. The consular offices and dwellings shall be at all times inviolable. The local authorities shall not, under any pretext, invade them. In no case shall they examine or seize the archives or papers there deposited. In no case shall those offices or dwellings be used as places of asylum. When, however, a consular officer is engaged in business, the papers relating to the consulate shall be kept separate. 2nd. Consuls, in all that exclusively concerns the exercise of their functions, shall be independent of the state in whose territory they reside. 3rd. The consuls and their chancellors or secretaries shall be exempt from all public service and from contributions, personal and extraordinary, imposed in the country where they reside, and they shall be exempt from arrest, except in the case of offences which the local legislation qualifies as crimes and punishes as such. This exemption does not comprehend the consuls or their chancellors or secretaries who may be natives of the country in which they reside. 4th. No consular officer who is not a citizen of the country to which he is accredited shall be compelled to appear as a witness before the courts of the country where he resides. When the testimony of such consular officer is needed, it shall be asked in writing, or some one shall go to his house to take it viva voce. If, however, the testimony of a consular officer in either country should be necessary for the defence of a person charged with a crime and should not voluntarily be given, compulsory process requiring the presence of such consular officer as a witness may be issued. 5th. In order that the dwellings of consuls may be easily and generally known for the convenience of those who may have to resort to them, they shall be allowed to hoist on them the flag, and to place over their doors the coat of arms of the nation in whose service the consul may be, with an inscription expressing the functions discharged by him. ARTICLE 36TH Consuls shall not give passports to any individual of their nation, or going to their nation, who may be held to answer before any authority, court, or judge of the country for delinquencies committed by him, or for a demand which may have been legally acknowledged, provided that in each case proper notice thereof shall have been given to the consul. ARTICLE 37TH The United States of America and the Republic of Salvador, desiring to make as durable as possible the relations which are to be established by virtue of this treaty, have declared solemnly, and do agree to the following points: 1st. This treaty is concluded for the term of ten years, dating from the exchange of the ratifications; and if one year before the expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention to the other to arrest the operations of said treaty, it shall continue binding for twelve months longer, and so on, from year to year, until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place. 2nd. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizen shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation. 3rd. If, unfortunately, any of the articles contained in this treaty should be violated or infringed in any way whatever, it is expressly stipulated that neither of the two contracting parties shall ordain or authorize any acts of reprisal, nor shall declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall have laid before the other a statement of such injuries or damages, verified by competent proofs, demanding justice and satisfaction, and the same shall have been denied, in violation of the laws and of national right. ARTICLE 38TH The treaty between the United States of America and the Republic of Salvador of the second day of January, one thousand eight hundred and fifty,3 is hereby abrogated, and the stipulations of the preceding treaty are substituted therefor. TS 308, ante, p. 462. ARTICLE 39TH This treaty shall be submitted on both sides to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged at Washington, within the space of twelve months.1 In faith whereof the respective Plenipotentiaries have signed the aforegoing articles in the English and Spanish languages, and they have hereunto affixed their seals. Done in duplicate, at the city of San Salvador, this sixth day of December, in the year of our Lord one thousand eight hundred and seventy. See footnote 1, p. 478. Alfred T. A. Torbert [SEAL] GREGO. ARBIZÚ [SEAL] EXTRADITION Convention signed at San Salvador May 12, 1873, extending time for exchange of ratifications of convention of May 23, 1870 Ratified by El Salvador October 28, 1873 Senate advice and consent to ratification February 9, 1874 Ratified by the President of the United States February 16, 1874 Entered into force March 2, 1874 Proclaimed by the President of the United States March 4, 1874 18 Stat. 796; Treaty Series 311 The United States of America and the Republic of Salvador, desiring to extend the time fixed for the exchange of the ratifications of the treaty between the United States and that republic for the surrender of criminals, signed at San Salvador on the twenty-third day of May, A.D. 1870,1 have resolved to conclude a convention for that purpose, and have invested with full powers, the President of the United States, Thomas Biddle, Minister Resident of the United States to Salvador, the President of the Republic of Salvador, Señor Doctor Don Dario Gonzalez, the Minister of the Interior and Public Instruction; who, after reciprocal communication of their said full powers found in good and due form, have agreed upon the following articles, to wit: ARTICLE I The time fixed for the exchange of the ratifications of the aforesaid treaty between the United States and the Republic of Salvador for the surrender of criminals, signed at San Salvador on the twenty-third of May, A.D. one thousand eight hundred and seventy, (1870) is hereby extended to a period not exceeding twelve (12) months from the date of this convention, or sooner if possible. ARTICLE II The present convention to receive the ratification of the President of the United States, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Salvador, with the approval of the 1TS 309, ante, p. 474. Congress of the same, and the ratifications to be exchanged within convenient. time to facilitate the aforesaid extension. In witness whereof the respective Plenipotentiaries have signed the present convention, in duplicate, and have thereunto affixed their seals. Done at San Salvador the 12th day of May, A.D. one thousand eight hundred and seventy-three, and of the Independence of the United States the ninety-seventh. |