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CONVENTION ABOLISHING DROIT D'AUBAINE AND EMIGRATION TAXES.
Concluded May 27, 1846; ratification advised by the Senate July 21,
1846; ratified by the President July 23, 1846; ratifications exchanged October 13, 1846; proclaimed January 26, 1847.
1. Droit d'aubaine abolished.
V. Settlement of disputes.
The United States of America and His Royal Highness the Duke of Nassau, having resolved, for the advantage of their respective citizens and subjects, to conclude a convention for the mutual abolition of the droit d'aubaine and taxes on emigration, have named for this purpose their respective Plenipotentiaries, namely:
The President of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and Minister Plenipotentiary at the Royal Court of Prussia, and His Royal Highness the Duke of Nassau upon his Minister Resident at the Royal Court of Prussia, Colonel and Chamberlain, Otto Wilhelm Carl von Roeder, comthur of the 1st class of the Ducal Order of Henry the Lion, etc., etc.;
Who, after having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articles:
Every kind of droit d'aubaine, droit de retraite, and droit de détraction or tax on emigration is hereby and shall remain abolished between the two contracting parties, their States, citizens, and subjects, respectively.
Where, on the death of any person holding real property within the territories of one party, such real property would, by the laws of the land, descend on a citizen or subject of the other, were he not
& This treaty terminated when Nassau was merged with Prussia by conquest in 1866. 24449-VOL 2-10- -1
disqualified by alienage, such citizen or subject shall be allowed a term of two years to sell the same—which term may be reasonably prolonged according to circumstances—and to withdraw the proceeds thereof without molestation, and exempt from all duties of detraction.
The citizens or subjects of each of the contracting parties shall have power to dispose of their personal property, within the States of the other, by testament, donation, or otherwise, and their heirs, legatees, and donees, being citizens or subjects of the other contracting party, shall succeed to their said personal property, and may take possession thereof, either by themselves, or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country where the said property lies shall be liable to pay in like cases.
In case of the absence of the heirs, the same care shall be taken, provisionally, of such real or personal property, as would be taken in a like case of property belonging to the natives of the country, until the lawful owner, or the person who has a right to sell the same, according to Article II, may take measures to receive or dispose of the inheritance.
If any dispute should arise between different claimants to the same inheritance, they shall be decided, in the last resort, according to the laws and by the judges of the country where the property is situated.
All the stipulations of the present convention shall be obligatory in respect to property already inherited or bequeathed, but not yet withdrawn from the country where the same is situated, at the signature of this convention.
This convention is concluded subject to the ratification of the President of the United States of America, by and with the advice and consent of their Senate, and of His Royal Highness the Duke of Nassau, and the ratifications thereof shall be exchanged at Berlin, within the term of twelve months from the date of the signature hereof, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the above articles, as well in English as in German, and have thereto affixed their seals.
Done in triplicata, in the city of Berlin, on the 27th day of May, one thousand eight hundred and forty-six, in the 70th year of the Independence of the United States of America and the seventh of the reign of His Royal Highness the Duke of Nassau. [SEAL.]
HENRY WHEATON. (SEAL.]
OTTO WILHELM CARL v. ROEDER.
TREATY OF PEACE AND COMMERCE.
Concluded October 8, 1782; ratified by the Continental Congress Jan
uary 22, 1783.
XV. Restoration of goods from II. Most favored nation; Nether
XVIII. Disposal of property in case IV. Religious liberty.
of war. V. Protection of vessels.
XIX. Letters of marque from forVI. Disposition of property.
eign state. VII. Employment of advocates.
XX. Treatment of vessels. VIII. Detention of vessels.
XXI. Consuls. IX. Reciprocal privileges in business XXII. Treaty with France. X. Merchant ships from enemy's XXIII. Treaties with Barbary powers. port.
XXIV. Contraband. XI. Contraband goods.
XXV. Passports. XII. Confiscation of goods in enemy's XXVI. Treatment of vessels by priship.
va teers. XIII. Injury by vessels of war.
XXVII. Employment of seamen. XIV. Responsibility of captains of pri. | XXVIII. Regulation of refraction. vateers.
Their High Mightinesses the States General of the United Netherlands and the United States of America, to wit, New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticutt, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, desiring to ascertain, in a permanent and equitable manner, the rules to be observed relative to the commerce and correspondence which they intend to establish between their respective States, countries, and inhabitants, have judged that the said end cannot be better obtained than by establishing the most perfect equality and reciprocity for the basis of their agreement, and by avoiding all those burdensome preferences which are usually the sources of debate, embarrassment, and discontent; by leaving also each party at liberty to make, respecting commerce and navigation, such ulterior regulations as it shall find most convenient to itself; and by founding the advantages of commerce solely upon reciprocal utility and the just rules of free intercourse; reserving withal to each party the liberty of admitting at its pleasure other nations to a participation of the same advantages.
* This treaty was abrogated by the overthrow of the Netherlands Government in 1795.