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conducted shall alone take cognizance of them. Avd 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 proceedings 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.
XXV. For the purpose of lessening the evils of war, the two High Contracting Parties further agree that, in case a war sbould 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.
XXVI. Whenever one of the Contracting Parties shall be engaged in a war with another State, no citizens of the other Con. tracting Party shall accept a commission or letter of marque for the purpose of assisting or co-operating hostilely with the said enemy against the said Parties so at war, under the pain of being treated as a pirate.
XXVII. For the better security of commerce between the citizens of the Uniteil States and the citizens of Salvador, it is agreed that if, at any time, any interruption of friendly intercourse, or any rupture, should unfortunately take place between the two High Contracting Parties, the citizens of either, who may be within the territories of the other, shall, if residing on the coast, be allowed six months, and if in the interior a whole year, to wind up their accounts and dispose of their property: and a safe-conduct shall be given to them to embark at any port they themselves may select. Even in case of rupture, all such citizens of either of the High Contracting Parties who are established in any of the territories of the other in trade or other employment shall have the privilege of remaining and of continuing such trade or employment, without any manner of interruption, in full enjoyment of liberty and prosperity, so long as they behave peacefully and commit no offence against the laws; and their goods and effects of whatever description they may be, whether in their own custody or entrusted to indi. viduals or to the State, shall not be liable to seizure or sequestration, nor to any other charges or demands than those which may be made upon the like effects or property belonging to the native citizens of the country in which such citizens may reside. In the same case debts between individuals, property in public funds, and shares of companies and properiy of whatever description, shall never be confiscated nor detained nor sequestered.
XXVIII. In whatever relates to the police of the ports, the
lading and unlading of ships, the safety of merchandize, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination by sale, donation, exchange, testament, or any other manner whatsoever, as also the administration of justice, the citizens of the two High Contracting Parties shall reciprocally enjoy the same privileges, liberties, and rights as native citizens; and they shall not be charged in any of these respects with any higher imposts or duties than those which are or may be paid by native citizens, submitting, of course, to the local laws and regulations of each country respectively.
The foregoing provisions shall be applicable to real estate situated within the States of the American Union, or within the Republic of Salvador, in which foreigners shall be entitled to hold or inherit real estate; but in case real estate situated within the territories of one of the Contracting Parties should fall to a citizen of the other Party, who, on account of his being an alien, could not be permitted to hold such property in the State in which it may be situated, there shall be accorded to the said heir or other successor such time as tbe laws of the State will permit to sell such property. He shall be at liberty, at all times, to withdraw and export the proceeds thereof without difficulty, and without paying to the Government any other charges than those which would be paid by an inhabitant of the country in which the real estate may be situated.
If any citizen of the two High Contracting Parties shall die without a will or testament in any of the territories of the other, the Minister or Consul of the nation to which the deceased belonged (or the representative of such Minister or Consul, in case of absence) shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and creditors of the deceased, giving proper notice of such nomination to the authorities of the country.
XXIX. 1. The citizens of the United States residing in Salvador, or the citizens of Salvador residing in the United States, may intermarry with the natives of the country, hold and possess by purchase, marriage, or descent, any estate, real or personal, without thereby changing their national character, subject to the laws which now exist or may be enacted in this respect.
2. When the citizens of the United States residing in Salvador, or the citizens of Salvador residing in the United States, marry natives of the country according to the laws, such marriage shall be considered legal in the other country.
3. The citizens of the United States residents in the Republic of Salvador, and the citizens of Salvador residents in the United States, shall be exempted from all forced or compulsory military service whatsoever by land or sea, from all contributions of war,
military exactions, forced loans in time of war; but they shall be obliged, in the same manner as citizens of each nation, to pay lawful taxes, municipal and other modes of imposts and ordinary charges, loans, and contributions in time of peace (as the citizens of the country are liable) in just proportion to the property owned.
4. Nor shall the property of either, of any kind, be taken for any public object without full and just compensation; to be paid in advance; and
5. The citizens of the two High Contracting Parties shall have the unlimited right to go to any part of the territories of the other, and in all cases enjoy the same security as the natives of the country where they reside, with the condition that they duly observe the laws and ordinances.
XXX. Both the Contracting 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 favours, immunities, and exemptions which those of the most favoured nations do or shall enjoy ; it being understood that whatever favours, immunities, or privileges the United States of America or the Republic of 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.
XXXI. Each of the two Contracting Republics may maintain in the principal cities or commercial places of the other, and in the ports open to foreign cominerce, Consuls of its own, charged with the protection of the commercial rights and interests of their nation, and to sustain their countrymen in the difficulties to which they may be exposed. They may likewise appoint Consuls General, as chiefs over the other Consuls, or to attend to the affairs of several comimercial places at the same time, and Vice-Consuls for ports of minor importance, or to act under the direction of the Consuls. Each Republic may, however, except those cities, places, or ports in which it'may consider the residence of such functionaries inconvenient, such exception being common to all nations. All that is said in this Treaty of Consuls in general shall be considered as relating not only to Consuls, properly so called, but to Consuls-General and Vice-Consuls in all the cases to which this Treaty refers.
XXXII. The Consuls appointed by one of the Contracting Parties to reside in the ports or places of the other shall present to the Government of the Republic in which they are to reside their letters-patent or commission, in order that they may receive the proper exequatur, if it be deemed expedient to give it, which shall be granted without any charge; and this exequatur, when obtained, is to be exbibited to the chief authorities of the place in which the
Consul is to exercise his functions, in order that they may cause him to be recognized in his character, and that he may be sustained in his proper prerogative in his respective Consular district. The Government receiving the Consul may withdraw the exequatur, or his Consular commission, whenever it may judge proper to do so, but in such case shall state a reasonable ground for the proceeding.
XXXIII. The Consuls admitted in either Republic may exercise in their respective districts the following functions :
1. They may apply directly to the authorities of the district in which they reside, and they may, in case of necessity, have recourse to the National Government through the Diplomatic Agent of their nation, if there be any, or directly if there be no such Agent, in com. plaint against any infraction of the Treaties of Commerce committed by the authorities or persons employed by them in the country to the injury of the commerce of the nation in whose service the Consul is engaged.
2. They may apply to the authorities of the Consular district, and, in case of necessity, they may have recourse to the National Government through the Diplomatic Agent of their nation, if there be any, or directly if there be no such Agent, against any abuse on the part of the authorities of the country, or the persons employed by them, against individuals of their nation in whose service the Consul is engaged ; and they may, when necessary, take such measures as may be proper to prevent justice from being denied to them or delayed, and to prevent them from being judged or punished by any other than competent judges, and agreeably to the laws in force.
3. They may, as the natural defenders of their fellow country. men, appear in their name and behalf, whenever so requested by them, before the respective authorities of the place, in all cases in which their support may be necessary.
4. They may accompany the captains, mates, or masters of vessels of their nation in all that they may have to do with regard to the manifests of their merchandize and other documents, and be present in all cases in which the authorities, Courts, or Judges of the country may have to take any declarations from the persons above mentioned, or any other belonging to their respective crews.
5. They shall have the right, in the ports or places to which they are or may be severally appointed, of receiving the protests or declarations which such captains, masters, crews, passengers, and merchants as are citizens of their country may respectively choose to make there; and also such as any foreigners may choose to make before them relative to the personal interests of any of their citizens; and the copies of said acts, duly authenticated by the said Consuls under the seal of their Consulates respectively, shall receive
faith in law, as if they had been authenticated before the Judges or Courts of the respective countries.
6. They may determine on all matters relating to injuries sustained at sea by effects and merchandize shipped in vessels of the nation in whose service the Consul is employed arriving at the place of his residence, provided that there be no stipulations to the contrary between the shippers, owners, and insurers. But if, among the persons interested in such losses and injuries, there should be inhabitants of the country where the Consul resides, and not belonging to the nation in whose service he is, the cognizance of such losses and injuries appertains to the local authorities.
7. They may compromise amicably, and out of court, the differences arising between their fellow-countrymen, providing that those persons agree voluntarily to submit to such arbitration; in which case the document containing the decision of the Consul, authenticated by himself and his Chancellor or Secretary, shall bave all the force of a notarial copy authenticated, so as to render it obligatory on the interested parties.
8. They may cause proper order to be maintained on board of vessels of their nation, and may decide on the disputes arising between the captains, the officers, and the members of the crew, unless the disorders taking place on board should disturb the public tranquillity, or persons not belonging to the crew or to the nation in whose service the Consul is employed, in which case the local authorities may interfere.
9. They may direct all the operations for saving vessels of their nation which may be wrecked on the coast of the district where the Consul resides. In such cases the local authorities shall interfere only in order to maintain tranquillity, to give security to the interests of the parties concerned, and to cause the dispositions which should be observed for the entry and export of the property to be fulfilled. In the absence of the Consul, and until his arrival, the said authorities shall take all the measures necessary for the preservation of the effects of the wrecked vessel.
10. They shall take possession of the personal or real estate left by any of their citizens who shall die within their Consulate, leaving no legal representative or trustee by him appointed to take charge of his effects; they shall inventory the same with the assistance of two merchants, citizens of the respective countries, or for want of them of any others whom the Consuls may choose ; shall cause a notice of the death to be published in some newspaper of the country where they reside ; shall collect the debts due to the deceased in the country where he died, and pay the debts due from his estate which he shall have contracted; shall sell at auction, after reasonable public notice, such of the estate as shall be of a