ARTICLE 7.

Pending the establishment of a guardianship, and in all cases of urgency, the necessary measures for the protection of the person and the interests of a foreign minor may be taken by the local authorities.

ARTICLE 8.

When it becomes necessary to establish a guardianship for a foreign minor, the authorities of the nation in whose territory the minor abides should notify the fact, as soon as it reaches their knowledge, to the authorities of the nation to which the minor belongs.

The authorities thus notified shall make known as soon as possible, to the authorities who have given the notice, whether the guardianship has been or will be established.

ARTICLE 9.

The present convention applies to the guardianship of minors belonging to one of the contracting nations, who have their habitual residence in the territory of one of these nations.

However, articles 7 and 8 of the present convention apply to all minors belonging to the contracting nations.

ARTICLE 10.

The present convention, which applies only to the European territory of the contracting nations, shall be ratified and the ratifications deposited at The Hague, as soon as a majority of the high contracting parties shall be able so to do.

A record of this deposit shall be prepared, whereof a duly certified copy shall be delivered through diplomatic channels to each of the contracting nations.

ARTICLE 11.

The nations which were represented at the Third Conference on Private International Law, but which did not sign this convention, are permitted to adhere to it unqualifiedly.

Any nation which desires to adhere shall notify its intention not later than December 31, 1904, in a document which shall be deposited in the archives of the Government of the Netherlands. The latter shall send a copy thereof, duly certified, through diplomatic channels to each of the contracting nations.

ARTICLE 12.

The present convention shall take effect on the 60th day from the deposit of the ratifications or from the date of the notifications of adherence.

ARTICLE 13.

The present convention shall remain in force for five years from the date of deposit of the ratifications.

This term shall begin to run from the said date, even for nations which shall have made the deposit after that date or which may adhere to the convention later.

The convention shall be tacitly renewed every five years, unless denounced. Notice of denunciation must be given, at least six months before the expiration of the term indicated in the preceding paragraphs, to the Government of the Netherlands, which shall make it known to all the other contracting nations. The denunciation shall have effect only with regard to the denouncing nation, the convention remaining in force for the other nations.

In witness whereof the respective plenipotentiaries have signed the present convention and affixed thereto their seals.

Done at The Hague, June 12, 1902, in a single original, which shall be deposited in the archives of the Government of the Netherlands, and whereof a duly certified copy shall be delivered, through diplomatic chanuels, to each of the nations which were represented at the Third Conference on Private International Law.

NICARAGUA, COSTA RICA, AND SALVADOR.

SETTLEMENT OF THE CLAIM OF THE SALVADOR COMMERCIAL COMPANY ET AL. AGAINST SALVADOR.

Messrs. Hopkins & Hopkins, counsel for the Salvadorean Government, to Mr. Hay.

WASHINGTON, August 20, 1903.

SIR: At the request of the minister of El Salvador, we have the honor to transmit herewith for the files of the Department copy of an agreement entered into on the 17th of August, 1903, between the Republic of El Salvador and the Salvador Commercial Company et al., judgment claimants against that Republic. Under the terms of this agreement the claim in question is satisfied in full.

We are, etc.,

[Inclosure.]

HOPKINS & HOPKINS.

ARTICLES OF AGREEMENT.

1. The Republic of Salvador and the Salvador Commercial Company et al., the parties hereto represented, respectively, by Messrs. Hopkins & Hopkins, of Washington, as counsel, and Col. John P. Irish, of San Francisco, as attorney in fact, being desirous of harmoniously adjusting and settling the claim of the said Salvador Commercial Company et al. against the said Republic of Salvador, and each being clothed with full powers in the premises, have met and agreed upon the following terms:

2. The Republic of Salvador will, within four months from the date of this instrument, deliver to the Union National Bank, of Oakland, Cal., as trustee for the claimants, national bonds of said Republic, secured by 10 per centum of the customs, equivalent in value to 67 per centum of the award made on May 8, 1902, under the Hay-Zaldivar protocol, of $523,178.64.a

3. Said bonds to be issued in seven series, representing their respective years of maturity, namely: 1904, 1905, 1906, 1907, 1908, 1909, and 1910, each serial issue being as follows: 36 bonds of $1,000 each; 11 bonds of $500 each; 74 bonds of $100 each; 20 bonds of $50 each; 1 bond of $68.45; 1 bond of $97.30; 1 bond of $94.53; 1 bond of $38.37; 1 bond of $158.91; 1 bond of $91.81. Bonds of the series of 1904 shall fall due on the 8th day of May of that year, and bonds issued covering succeeding years shall fall due on the 8th day of January of such years.

4. Said bonds to be in the following form, in English and Spanish, and to bear interest.at the rate of 6 per cent per annum from May 8, 1902:

$_

U. S. gold coin.

REPUBLIC OF SALVADOR.

No_.
Series..

National indemnity bond.

Issued pursuant to law of the Republic, in accordance with provisions of agreement dated Washington, August 17, 1903.

The Republic of Salvador will pay to the Union National Bank, of Oakland, California, trustee for the lawful owner thereof, as evidenced by certificate of

a Printed in Foreign Relations, 1902, p. 859 et seq.

dollars, in gold

ownership corresponding to this obligation, the sum of coin of the United States, at the said Union National Bank, of Oakland, California, on the 8th day of 19, with interest from May 8, 1902, at the rate of six per centum per annum.

SAN SALVADOR,

5. With each bond issued as above by the Government of Salvador, a certificate corresponding to such bond shall be simultaneously issued and delivered to said trustee for delivery to the claimants, said certificate to be, in all respects, negotiable and likewise receivable, at the option of the holder, for customs dues, by the said Government, to its full value, in local coin or currency, equivalent to United States gold: Provided, however, That Salvador shall not be required to accept the same for customs dues in excess of the additional per centum duty levied in order to fulfil this agreement. Said certificate shall be in form as follows, in both English and Spanish:

$‒‒‒‒‒‒ U. S. gold coin.

No
Series__.

REPUBLIC OF SALVADOR.

Certificate of ownership.

This certifies that there has been deposited with the Union National Bank, of Oakland, California, as trustee for —, one national bond of the Republic of Salvador of the value of dollars, United States gold, payable on the day of

19, with interest at six per cent per annum from May 8, 1902, and when so paid the said Union National Bank, trustee, will thereupon pay such amount, with interest, to the lawful holder hereof,

This certificate is negotiable and is, at the option of the holder, also receivable for customs duties within the Republic of Salvador to its full value, in local coin or currency equivalent to United States gold, in accordance with the provisions of article 5 of agreement, dated Washington, August 17, 1903, and printed on the reverse of this certificate.

6. Said certificates shall be apportioned among the several claimants in the following manner:

7. Bonds to be paid by the Government of Salvador or by an authorized agent of that Government at the Union National Bank, of Oakland, Cal., on the 8th day of May, 1904, and on the 8th day of January of each year thereafter following, when, upon presentation of the certificates provided in paragraph 5 to the trustee, payment in full shall be thereupon made to lawful holders thereof by said trustee. The right is reserved to the Government of Salvador to redeem, at its option, any and all bonds issued pursuant to this agreement prior to maturity.

8. The Government of Salvador will notify the Department of State of the United States upon making payment to the trustee, and the latter will inform the Department of State upon payment or default.

9. The contracting parties further agree, each with the other, as follows: That the payment in full of said bonds, as herein provided, shall operate as a settlement of the claim known and described as the Salvador Commercial Company et al. against the Republic of Salvador arising out of a certain concession granted by said Republic to "El Triunfo Company, Limited," and the same shall be considered as a full and complete payment of all and any claims held by said Salvador Commercial Company et al., as above described, against the said Republic; conditioned, however, upon the faithful performance of the undertakings herein entered into.

10. The Salvador Commercial Company et al. hereby renounce and relinquish in favor of the said Government of Salvador all their right, title, and interest in and to the corporation known as El Triunfo Company, Limited; it being understood and agreed, however, that the said Government of Salvador assumes no liability whatsoever on the part of the Salvador Commercial Company et al. as shareholders in the El Triunfo Company, Limited.

11. This agreement shall be submitted to and ratified by the National Assembly of Salvador on or before the expiration of sixty days from this date, of which ratification the Government of Salvador will notify that of the United States by cable. A copy of this instrument shall be filed in the State Department.

In faith whereof the said parties for and on behalf of their respective principals have hereunto subscribed their names and affixed their seals.

Done in the city of Washington, D. C., in triplicate, in English and in Spanish, this 17th day of August, 1903.

Mr. Merry to Mr. Hay.

[Telegram.-Paraphrase.]

AMERICAN LEGATION,

San Jose, Costa Rica, September 22, 1903.

(Mr. Merry reports that the Salvadorean Congress ratified on the 22d instant the agreement for the settlement of the arbitration of the Salvador Commercial Company's claim.)

No. 575.]

Mr. Loomis to Mr. Merry.

DEPARTMENT OF STATE, Washington, February 4, 1904. SIR: I inclose herewith the duplicate of a letter and of its inclosures from Messrs. John P. Irish and W. Lair Hill, attorneys of the Salvador Commercial Company and other American citizens, complaining of the nonfulfillment by the Salvadorean Government of the agreement of August 17, 1903, between that Government and said company, providing for the payment of the claim of the company against said Government.

You will bring the matter to the attention of the Salvadorean Government and say that unless there is a full compliance by that Government with the terms of the agreement of August 17, 1903, this Government will require the payment of the full amount of the award of May, 1902.

It is understood that the National Legislative Assembly of Salvador convenes during the present month, and that the matter should be taken care of at this session. I am, etc.,

[Inclosure.]

FRANCIS B. LOOMIS,

Acting Secretary.

Messrs. Irish and Hill to Mr. Hay.

WASHINGTON, D. C., February 3, 1904.

SIR: The undersigned, the attorneys of Salvador Commercial Company and other American citizens, beg leave to present the following facts:

1. On the 8th day of May, 1902, an award was made by an international tribunal of arbitration, sitting at Washington and composed of the Right Honorable Sir Henry Strong, chief justice of Canada; Hon. Don M. Dickinson, of the United States, and Hon José Rosa Pacas, of the Republic of El Salvador, in and by which award it was adjudged that the Government of El Salvador pay to the United States, for and on account of claims of Salvador Commercial Company and other American citizens, then and there represented by the undersigned, the sum of $523,178.64 American gold, together with interest thereon at the rate of 6 per centum per annum from and after the said 8th day of May.

2. On the 17th day of August, 1903, said award not having been paid by the Government of El Salvador according to the terms of the protocol between that Government and that of the United States, by which said tribunal of arbitration was created, the said claimants, with the approval of the Department of State of the United States, entered into an agreement with the minister of El Salvador at Washington, subject to the approval of the legislative power of El Salvador, whereby it was agreed that the legislative power of El Salvador should provide