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it being understood that whatever favors, immunities, or privileges the United States of America or the Republic of San Salvador may find it proper to give to the Ministers and public agents of any other Power, shall, by the same act, bo extended to those of each of the contracting parties.
To make more effectual the protection which the United States and the Republic of San Salvador shall afford in future to the Cmnl, „d ^ navigation and commerce of the citizens of each other, they c»TMu1*agree to receive and to admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation; each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient.
In order that the Consuls and Vice Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and, having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants in the consular district in which they reside. •
It is likewise agreed that the Consuls, their secretaries, officers, and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all public service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside are subject, being in everything besides, subject to the laws of the respective States. The archives and papers of the consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them.
The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the public and private vessels of their country; and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand in writing the said deserters, proving by an exhibition of the registers of the vessels or ship's roll or other public documents, that those men were part of the said crews; and on this demand, so proved, (saving, however, where the contrary is proved by other testimonies,) the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of the said Consuls, and may be put in the. public prisons at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation; but if they be not sent back within two months, to be counted from the day of arrest, they shall be set at liberty, and shall be no more arrested for the same cause. Article XXXIV.
For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree to
Consular contention. t> « », , ... v ..
form, as soon hereafter as circumstances will permit, a consular convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties.
The United States of North America and the Kepublic of San 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. The present treaty shall remain in full force and vigor for the term of twenty years from the day of the exchange of the Dur.i,<.nortre«j. ra£jflcations. and if neither party notifies the other of its intention of reforming any or all the articles of this treaty twelve months before the expiration of the twenty years stipulated above, the said treaty shall continue binding on both parties beyond the said twenty years until twelve months from the time that one of the parties notifies the other of its intention of proceeding to a reform.
2d. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held ,i,M"bVbyl.rt. of personally responsible for the same, and the harmony and »riTttt penonn. g0Q(\ correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation.
3d. 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 international right.
The present treaty of peace, amity, commerce, and navigation shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the President of the Kepublic of San Salvador, with the consent and approbation of the Congress of the same; and the ratifications shall be exchanged in the city of Washington or San Salvador, within eight months from the date of the signature thereof, or sooner if possible.
In faith whereof we, the Plenipotentiaries of the United States ot America and of the Kepublic of San Salvador, have signed and sealed these presents, in the city of Leon, on the second day of January, in the year of our Lord one thousand eight hundred and fifty, and of the Independence of the United States the seventy fourth.
E. GEO. SQUIER. [L. S.I
AGUSTIN MORALES. [L. s.|
TREATY OF COMMERCE AND NAVIGATION WITH SARDINIA, AND SEPARATE ARTICLE TO SAME. CONCLUDED NOVEMBER 26, 1838; RATIFICATIONS EXCHANGED MARCH 18, 1839; PROCLAIMED MARCH 18, 1839.
The United States of America and His Majesty the King of Sardinia, desirous of consolidating the relations of good understanding which have hitherto so happily subsisted between their respective States and of facilitating and extending the commercial intercourse between the two countries, have agreed to enter into negotiations for the conclusion of a treaty of commerce and navigation, for which purpose the President of the United States has conferred full powers on Nathaniel Niles, their Special Agent near His Sardinian Majesty, and His Majesty the King of Sardinia has conferred like powers on the Count Clement Solar de la Marguerite, Grand Cross of the Military and Religious Order of S. Maurice and S. Lazarus, of Isabella the Catholic of Spain, and Knight of the Order of Christ, his First Secretary of State for the Foreign Affairs;
And the said Plenipotentiaries having exchanged their full powers, found in good and duo form, have concluded and signed the following articles:
There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. The in- c„_„( ,„d habitants of their respective States shall mutually have "•,*'ti<"' liberty to enter the ports and commercial places of the territories of each party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories in order to attend to their affairs, and they shall enjoy to that effect the same security and protection as the natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing.
Sardinian vessels arriving either laden or in ballast in the ports of the United States of America, and reciprocally vessels of the United States arriving either laden or in ballastiu the ports partj, arriving in tfaa of the dominions of His Sardinian Majesty, shall be treated t°'"°f lit°a"'on their entrance, during their stay, and at their departure, upon the same footing as national vesselscoming from the same place, with respect to. the duties of tonnage, light houses, pilotage, and port charges, as well as to the fees and perquisites of public officers and other duties or charges of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever.
All kind of merchandise and articles of commerce either the produce imI*>rt.tio„. b, of the soil or the industry of the United States of America '"'"'"^ or of any other country, which may be lawfully imported into the ports of the dominions of Sardinia in Sardinian vessels, may also be so imported in vessels of the United States of America without paying other or higher duties or charges of whatever kind or denomination levied in the name or to the profit of the Government, tte local authorities or of any private establishment whatsoever, than if thesame imiK.rt.iioo. bj merchandise or produce had been imported in Sardinian ves!""i""a" v""d" sels. And reciprocally all kind of merchandise and articles of commerce, either the produce of the soil, or of the industry of the dominions of Sardinia or of any other country, which may be lawfully imported into the ports of the United States, invesselsof the said States, may also be so imported in Sardinian vessels, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever, than if the same merchandise or produce had been imported in vessels of United States of America.
To prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the two preceding articles are to their full extent applicable to Sardinian vessels and their cargoes arriving in the ports of the United States of America, and reciprocally to vessels of the said States and their cargoes arriving in the ports of the dominions of Sardinia, whether the said vessels clear directly from the ports of the country to which they respectively belong, or from the ports of any other foreign country.
All kind of merchandise and articles of commerce, which may lawfully be exported from the ports of the United States of America ».i"expo,r° t,l7,"i,l in national vessels, may also be exported therefrom in Sarsu"'"i' dinian vessels without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever, than if the same merchandise or articles of commerce had been exported in vessels of the United States of America. And reciprocally all kind of merchanil'irm""'"po7; disc and articles of commerce which may be lawfully exra°s"'"' c' ported from the ports of the Kingdom of Sardinia in national vessels may also bo exported therefrom in vessels of the United States of America without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishment whatsoever, than if the same merchandise or articles of commerce had been exported in Sardinian vessels.
Xo higher or other duties shall be imposed on the importation into the United States of .any article the produce or manufacture of Sardinia, and no higher or other duties shall be P^'j"an>»n!iuiposed on the importation into the Kingdom of Sardinia of u"""' any article the produce or manufacture of the United States, than are or shall be payable on the same article being the produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce of or the manufacture of the United States or of Sardinia, to or from the ports of ihe United States, or to or from the ports of the Kingdom of Sardinia, which shall not equally extend to all other nations.
It is expressly understood and agreed that the preceding articles do not apply to the coastwise navigation of either of the two c^-nt*^ «countries, which each of the two high contracting parties reserves exclusively to itself.
No priority or preference shall be given directly or indirectly by either of the high contracting parties, nor by any company, cor- P,^nw:c ot „„ poration, or agent acting in their behalf, or under their wruuoi». authority, in the purchase of any article of commerce lawfully imported on account of, or in reference to, the character of the vessel, whether it be of the one party or the other, in which such article was imported, it being the true intent and meaning of the contracting parties that no distinction or difference whatever shall be made in this respect.
If either party shall hereafter grant to any other nation any particular favor in commerce or navigation, it shall immediately become common to the other party, freely where it is freely granted ■ to such other nation, or on yielding the same or an equivalent compensation, when the grant is conditional.
Vessels of either of the high contracting parties arriving on the coasts of the other, but without the intention to enter a port, or v.,«i..&c tob. having entered not wishing to discharge the whole or any "^"Fu^'S part of their cargoes, shall enjoy in this respect the same r""""d MUoTMprivileges and be treated in the same manner as the vessels of the most favored nations.
When any vessel belonging to either of the contracting parties, or to their citizens or subjects, shall be wrecked, foundered, or otherwise suffer damage on the coasts or within the domin- sl'",»r~k. ions of the other, there shall be given to such vessel and all persons on board every aid and protection, in like manner as is usual and customary to vessels of the nation where such shipwreck or damage happens; and such shipwrecked vessel, its merchandise, and other effects, or their proceeds, if the same shall have been sold, shall be restored to their owners, or to those entitled to receive them, upon the payment of such