El Salvador AMITY, NAVIGATION, AND COMMERCE Treaty signed at León, Nicaragua, January 2, 1850 Senate advice and consent to ratification September 24, 1850 Ratified by the President of the United States November 14, 1850 Ratifications exchanged at San Salvador June 2, 1852 Entered into force June 2, 1852 Senate advice and consent to exchange of ratifications April 4, 1853 10 Stat. 891; Treaty Series 308 2 A GENERAL TREATY OF AMITY, NAVIGATION AND COMMERCE BETWEEN THE UNITED STATES of North AMERICA AND THe Republic of San SalvadoR The United States of North America and the Republic of San Salvador, desiring to make lasting and firm the friendship and good understanding which happily exists 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 navigation. For this desirable object the President of the United States of America has conferred full powers upon E. G. Squier, a citizen of the said States and their Chargé d'Affaires to Guatemala, and the President of the Republic of San Salvador has conferred similar and equal powers upon Señor Licenciado Don Augustin Morales, who after having exchanged their said full powers in due form, have agreed to the following articles: ART. 1st There shall be a perfect, firm and inviolable peace, and sincere friendship between the United States of America and the Republic of San Salvador, in all the extent of their possessions and territories, and between their citizens respectively without distinction of persons or places. ART. 2d The United States of America and the Republic of San 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. ART. 3d 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 citizen, 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. ART. 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 San 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 San 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 reexported from one country in its own vessels to any foreign country may in like manner be exported or reexported in the vessels of the other country: and the same bounties, duties and drawbacks shall be allowed and collected whether such exportation or reexportation be made in vessels of the United States or of the Republic of San Salvador. ART. 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 San Salvador, and no higher or other duties shall be imposed on the importation into the Republic of San 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 San 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 San Salvador, to or from the territories of the United States, or to or from the territories of the Republic of San Salvador which shall not equally extend to all other nations. ART. 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 San Salvador and reciprocally to the vessels of the said Republic of San 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. ART. 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. ART. 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. ART. 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. ART. 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. ART. 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. ART. 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 estate, whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are shall be subject to pay in like cases. ART. 13th Both contracting parties promise and engage formally to give their special protection to the persons and property of the citizens of each other of all occupations who may be in the territories subject to the jurisdiction of one or the other transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse on the same terms which are usual and customary with the natives or citizens of the country, for which purpose they may either appear in proper person, or employ in the prosecution or defence of their rights such advocates, solicitors, notaries, agents and factors as they may judge proper in all their trials at law, and such citizens or agents shall have free opportunity to be present at the decisions or sentences of the tribunals in all cases which may concern them and shall enjoy in such cases all the rights and privileges accorded to the native citizen. ART. 14th The citizens of the United States residing in the territories of the Republic of San Salvador shall enjoy the most perfect and entire security of conscience without being annoyed, prevented or disturbed, on the proper exercise of their religion in private houses, or on the chapels or places of worship appointed for that purpose provided that in so doing they observe the decorum due to divine worship, and the respect due to the laws, usages and customs of the country. Liberty shall also be granted to bury the citizens of the United States who may die in the territories of the Republic of San Salvador in convenient and adequate places, to be appointed and established for that purpose with the knowledge of the local authorities, or in such other places of sepulture as may be chosen by the friends of the deceased nor shall the funerals or sepulchres of the dead be disturbed in any wise, nor upon any account. In like manner the citizens of San Salvador shall enjoy within the government and territories of the United States a perfect and unrestrained liberty of conscience and of exercising their religion, publicly or privately, within their own dwelling houses or on the chapels and places of worship appointed for that purpose, agreeably to the laws, usages and customs of the United States. ART. 15th It shall be lawful for the citizens of the United States of America and of the Republic of San Salvador to sail with their ships with all manner of |