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of vessels, shall apply only to those which sail without convoy; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and, when they may be bound to an enemy's port, that they have no contraband goods on board, shall be sufficient.
Art. 24. It is further agreed that in all cases the established courts for prize causes in the country to which the prizes may be conducted shall alone take cognizance of them. And whenever such tribunals of either party shall pronounce judgment against any vessel, or goods, or property, claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives upon
which the same shall have been founded; and an authenticated copy of the sentence or decree, and of all the procedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel, without any delay, he paying the legal fees for the same.
Art. 25. For the purpose of lessening the evils of war, the two high contracting parties further agree that in case a war should unfortunately take place between them, hostilities shall only be carried on by persons duly commissioned by the Government, and by those under their orders, except in repelling an attack or invasion, and in the defence of property.
Art. 26. Whenever one of the contracting parties shall be engaged in war with another state, no citizen of the other contracting party shall accept a commission or letter of marque for the purpose of assisting or coöperating hostilely with the said enemy against the said parties so at war, under the pain of being treated as a pirate.
Art. 27. If by any fatality, which cannot be expected, and God forbid, the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe conduct necessary for it, which may serve as sufficient protection until they arrive at the designated port. The citizens of all other
occupations who may be established in the territories or dominions of the United States or of San Salvador, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them.
Art. 28. Neither the debts due from individuals of the one nation to the individuals of the other, nor shares nor money which they may have in public funds, nór in public or private banks, shall ever, in any event of war or national difference, be sequestered or confiscated.
Art. 29. Both the contraeting parties being, desirous of avoiding all inequality in relation to their public communications and official intercourse. have agreed, and do agree, to grant to the envoys, ministers, and other public agents, the same favors, immunities, and exemptions which those of the most favored nations do or shall enjoy; 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, be extended to those of each of the contracting parties.
Art. 30. To make more effectual the protection which the United States and the Republic of San Salvador shall afford in future to the navigation and commerce of the citizens of each other, they 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 contracling party, however, remaining at liberty to except those ports and places in which the admission and residence of such consuls may not seem convenient.
Art. 31. 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 authori
ties, magistrates, and inhabitants in the Consular District in which they reside.
Art. 32. 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, sball be exempt from all public service, and also from all kind of taxes, imports, 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 every thing 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.
Art. 33. 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 vessel's or ship's roll or other public documents, that those men were part of the said crews; 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.
Art. 34. For the purpose of more effectually protecting their commerce and navigation, the two contract ing parties do hereby agree to 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.
Art. 35. The United States of North America and the Republic of San Salvador, desiring to make as durable as possible the relations which are to be esta
blished 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 ratifications; and is 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 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.
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.
Art. 36. 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 Republic 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 of America, and of the Republic 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. Sqnier.
(L. S.) Augustin Morales. (L. S.)
VI. Ordre de Conseil de la Grande Bretagne permettant le cabotage aux bâteaux à vapeur étrangers à Trinidad. Signé à Windsor, le 8 jancier
1850. Whereas by an Act passed in the session of Parliament holden in the 12th and 13th years of the reign of her present Majesty, intituled, „An Act to amend the Laws in force for the encouragement of British Shipping and Navigation, it is amongst other things enacted that no goods or passengers shall be carried from one part of any British possession in Asia, Africa, or America, to another part of the same possession, except in British ships; provided always that if the legislature or proper legislative authority of any such British possession shall present an address to Her Majesty, praying Her Majesty to authorize or permit the conveyance of goods or passengers from one part of such possession to another part thereof, in other than British ships, it shall be lawful for Her Majesty, by Order in Council, so to authorize the conveyance of such goods or passengers, as the case may be, in such terms and under such conditions as to Her Majesty may seem good:
And whereas an address has been presented to Her Majesty by the Legislative Council of the colony of Trinidad, praying that Her Majesty will be graciously pleased to authorize and permit the conveyance of goods and passengers from any part of the said colony to any other part thereof in steamers, of whatever build the same may be, and owned by subjects of any nation in terms of amity and alliance with Her Majesty:
Now, therefore, Her Majesty, by and with the advice and consent of her most honourable Privy Council, and in pursuance of the authority vested in her as aforesaid,
F Nowo. Recueil gén. Tome XV.