SALVADOR. ARBITRATION CONVENTION BETWEEN THE UNITED STATES AND SALVADOR. Signed at Washington, December 21, 1908. Ratification advised by the Senate, January 6, 1909. Ratified by the President, March 1, 1909. Ratified by Salvador, June 14, 1909. Ratifications exchanged at Washington, July 3, 1909. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas an Arbitration Convention between the United States of America and the Republic of Salvador was concluded and signed by their respective Plenipotentiaries at Washington on the twenty-first day of December, one thousand nine hundred and eight, the original of which Convention, being in the English and Spanish languages is word for word as follows: The Government of the United States of America, signatory of the two conventions for the Pacific Settlement of International Disputes, concluded at The Hague, respectively, on July 29, 1899, and October 18, 1907, and the Government of the Republic of Salvador, adherent to the said convention of July 29, 1899, and signatory of the said convention of October 18, 1907; Taking into consideration that by Article XIX of the convention of July 29, 1899, and by Article XL of the convention of October 18, 1907, the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view of referring to arbitration all questions which they shall consider possible to submit to such treatment; Have authorized the Undersigned to conclude the following Convention: ARTICLE I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the convention of the 29th July, 1899. for the pacific settlement of international disputes, and maintained by The Hague Convention of the 18th October, 1907; provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. 22591°-F B 1909- -34 529 ARTICLE II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Salvador shall be subject to the procedure required by the Constitution and laws thereof. ARTICLE III. The present Convention is concluded for a period of five years and shall remain in force thereafter until one year's notice of termination shall be given by either party. ARTICLE IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Salvador in accordance with the Constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate in the English and Spanish languages at Washington, this 21st day of December, one thousand nine hundred and eight. ELIHU ROOT [SEAL.] And whereas the said Convention has been duly ratified on both parts and the ratifications of the two governments were exchanged in the city of Washington, on the third day of July, one thousand nine hundred and nine; Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this seventh day of July in the year of our Lord one thousand nine hundred and nine, [SEAL] and of the Independence of the United States of America the one hundred and thirty-fourth. By the President: PC KNOX Secretary of State. WM H TATT File No. 13934/4. COMMERCIAL TREATY WITH GERMANY. Minister Dodge to the Secretary of State. No. 85.] AMERICAN LEGATION, San Salvador, May 18, 1908. SIR: I have the honor to inclose to you herewith a copy and English translation which I have had made of a treaty of commerce between El Salvador and the German Empire, which was signed at this capital on April 14 last, as well as the text and an English translation of notes, dated April 14 last, exchanged between the acting minister for foreign affairs and the German minister at this capital, relating to this treaty. I also inclose a copy and English translation of the act of the National Assembly of El Salvador, ratifying this treaty and the notes relating to it. By the treaty mentioned, El Salvador and the German Empire accord to one another in commercial, maritime, and consular matters most-favored-nation treatment, excepting only the other countries of Central America. By the exchange of notes it is agreed that intervention by the respective diplomatic representatives in either country shall be limited to cases generally recognized as proper for diplomatic action by most civilized nations. The ratification by the German Empire of this treaty has not yet been received. I have, etc., H. PERCIVAL DODGE. I desire to add to the foregoing dispatch that the provisions in regard to the intervention of diplomatic representatives contained in the notes mentioned above, exchanged between the Salvadorian Government and the German minister, are in compliance with article 6 of the act of the Assembly of Salvador approved April 13 last, a copy and translation of which accompanied Mr. Gregory's dispatch No. 77 of the 21st ultimo.1 According to this act such a provision as this must appear in all treaties of commerce entered into by El Salvador. H. P. DODGE. [Inclosure 1-Translation.] Treaty of commerce between El Salvador and Germany. His Excellency the President of the Republic of El Salvador and His Majesty the German Emperor, King of Prussia, in the name of the German Empire, animated by the desire to preserve the relations of good harmony, happily existing between the Republic of El Salvador and the German Empire and to encourage commerce between both countries, have resolved to conclude to this end a Treaty and have designated for that purpose: His Excellency the President of the Republic of El Salvador: Senor Doctor Salvador Rodriguez Gonzales, Minister for Foreign Affairs; 1 See Foreign Relations, 1908 p. 705. His Majesty the German Emperor, King of Prussia; Count Ulric von Schwerin, Envoy Extraordinary and Minister Plenipotentiary near the Republic of El Salvador, who have agreed on the following articles: ARTICLE I. The contracting parties agree to concede reciprocally the most-favored-nation treatment in commercial, maritime, and consular matters; and accordingly any right, privilege or favor one of them may grant to a third nation will ipso facto be granted to the other contracting party. ARTICLE II. Any right, privilege, or favor which El Salvador has conceded or will concede in the future to the other Republics of Central America or to any one thereof will not be understood as conceded to the German Empire in accordance with the provisions of Article I, unless the same has been granted to a third nation. ARTICE III. The present treaty shall be ratified and the ratifications exchanged at the earliest possible date. This treaty shall remain in force for ten years beginning on the date of the exchange of the ratifications and unless one of the contracting parties twelve months before the termination of this period has declared to the other its intention of denouncing this treaty, it shall continue in force for one year more and so on successively for one year more until the aforementioned declaration is made. In witness whereof the respective Plenipotentiaries have signed the present treaty and have affixed thereunto their respective seals. Made in duplicate in the Spanish and German languages at San Salvador, the fourteenth day of April nineteen hundred and eight. The Under Secretary for Foreign Relations of Salvador to the German Minister. EXECUTIVE PALACE, San Salvador, April 15, 1908. Having considered the foregoing treaty of commerce concluded in San Salvador the 14th instant between Señor Dr. Salvador Rodriguez G., minister for foreign affairs, duly authorized by this Government, and his excellency Count Ulric von Schwerin, envoy extraordinary and minister plenipotentiary of Germany in this Republic, on the part of His Majesty the German Emperor, King of Prussia, consisting of a preamble and three articles, and finding it in accordance with the instructions given for that purpose to said Señor Dr. Rodriguez G., the executive power decrees: The approval of the same in all its parts and submits the same to the National Assembly for its constitutional ratification. (Signed by the President.) The Undersecretary for Foreign Relations, [Inclosure 3-Translation.] CAÑAS. The German Minister to the Minister for Foreign Relations of Salvador. LEGATION OF THE GERMAN EMPIRE IN CENTRAL AMERICA, MR. MINISTER: Having agreed to-day upon a treaty of commerce between the German Empire and the Republic of Salvador, I have the honor, in the name of the Imeprial Government, to confirm to the Government of the Republic of El Salvador the following: "The contracting parties are in accord that, for the exercise of diplomatic protection in case the aforementioned treaty of commerce becomes effective and during its duration, the principles set forth in Article XVIII, paragraph 2, of the German-Mexican treaty of commerce of December 5, 1882, shall be applicable." I have the pleasure, etc., [Inclosure 4-Translation.] SCHWERIN. The Minister for Foreign Affairs of Salvador to the German Minister. EXECUTIVE PALACE, San Salvador, April 14, 1908. MR. MINISTER: I have the honor of receiving your excellency's note dated to-day, in which you have been good enough to inform me that, having agreed to a treaty of commerce between the German Empire and the Republic of El Salvador, your excellency confirms, by order of the Imperial Government, to the Government of the Republic of El Salvador the following: "The contracting parties are in accord that, for the exercise of diplomatic protection in case the aforementioned treaty of commerce becomes effective and during its duration, the principles set forth in Article XVIII, paragraph 2, the German-Mexican treaty of commerce of December 5, 1882, shall be applicable." This declaration being entirely in accord with the agreement made with your excellency in our verbal conferences, my Government takes note of this, accepting in this respect the stipulation contained in Article XVIII, paragraph 2, of the treaty concluded between Germany and Mexico. I renew, etc., SALVADOR RODRIGUEZ GONZALES. File No. 13934/5-6. No. 295.] Chargé Frazier to the Secretary of State. AMERICAN LEGATION, San Salvador, May 6, 1909. SIR: I have the honour to inclose to you herewith a copy of the protocol of exchange of a commercial treaty between Salvador and Germany, as published in the "Diario Oficial" of April 28, 1909, together with an English translation of the same. A copy of the treaty as signed in San Salvador on April 14, 1908, accompanied Mr. Dodge's despatch No. 85, Salvadorean Series, of May 18, 1908. I have, etc., [Inclosure.] ARTHUR HUGH FRAZIER. [Executive power. Department of Foreign Affairs, Justice, and Public Charities. eign Office.] For Protocol of exchange of a commercial treaty between Salvador and Germany. PROTOCOL. The undersigned Doctor Francis G. de Machon, Envoy Extraordinary and Minister Plenipotentiary of Salvador and Count Ulrich von Schwerin, Envoy Extraordinary and Minister Plenipotentiary to his Majesty the Emperor of Germany, King of Prussia, near the Republic of Salvador, met together today to effect the exchange of ratifications of the Treaty of Commerce concluded between the Republic of Salvador and the German Empire on the 14th of April, 1908. |