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(SEE NORTH GERMAN CONFEDERATION.)
CONVENTION ABOLISHING DROIT D'AUBAINE AND TAXES ON
Concluded March 26, 1844; ratification advised by the Senate June 12, 1844; ratified by the President June 22, 1844; ratifications exchanged October 16, 1844; time for exchange of ratifications extended to July 4, 1845, and exchange previous thereto declared regular by the Senate January 13, 1845; proclaimed May 8, 1845. (Treaties and
I. Droit d'aubaine, etc., abolished. II. Disposition of real estate.
III. Disposition of personal property.
IV. Rights of absent heirs.
The United States of America, on the one part, and His Royal Highness the Grand Duke of Hesse, on the other part, being equally desirous of removing the restrictions which exist in their territories upon the acquisition and transfer of property by their respective citizens and subjects have agreed to enter into negotiation for this purpose.
For the attainment of this desirable object, the President of the United States of America has conferred full powers on Henry Wheaton, their Envoy extraordinary and minister plenipotentiary at the Court of His Majesty the King of Prussia, and His Royal Highness the Grand Duke of Hesse, upon Baron Schaeffer Bernstein, his Chamberlain, Colonel, Aide-de-Camp, and minister resident near His Majesty the King of Prussia; who, after having exchanged their said full powers, found in due and proper form, have agreed to 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 subject or citizen of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a term of two years to sell the same, which term may be reasonably pro.longed according to circumstances, and to withdraw the proceeds thereof, without molestation, and exempt from all duties of detraction on the part of the Government of the respective States.
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, being citizens or subjects of the other Contracting Party, shall succeed to their said personal property, whether by testament or ab intestato, and may take possession thereof, either by themselves or by other 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 2, 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.
This Convention shall be ratified by the President of the United States of America, by and with the advice and consent of their Senate, and by His Royal Highness the Grand Duke of Hesse, and the ratifications shall be exchanged at Berlin within the term of six months from the date of the signature hereof, or sooner if possible.
In faith of which the respective Plenipotentiaries have signed the above articles, both in French and English, and have thereto affixed their seals declaring, nevertheless that the signing in both languages shall not hereafter, be cited as a precedent, nor in any way, operate to the prejudice of the Contracting Parties.
Done in quadruplicata in the city of Berlin, on the twenty sixth day of March in the year of our Lord one Thousand Eight Hundred and Forty Four, and the Sixty eighth of the Independence of the United States of America.
B'ON DE SCHAEFFER-BERNSTEIN.
[For stipulations of June 16, 1852, for the mutual delivery of criminals fugitives from justice in certain cases, between the United States and the Elector of Hesse, the Grand Duke of Hesse and on Rhine, and the Landgrave of Hesse-Homburg, and other powers, see convention of that date with Prussia and other States of the Germanic Confederation.]
Concluded August 1, 1868; ratification advised by the Senate April 12, 1869; ratified by the President April 18, 1869; ratifications exchanged July 23, 1869; proclaimed August 31, 1869. (Treaties and Conventions, 1889, p. 563.)
I. Naturalization recognized.
II. Prior offenses.
IV. Renunciation of acquired citizenship.
Whereas an agreement was made on the 22d of February 1868 between the United States of America and the North German Confederation, to regulate the citizenship of those persons, who emigrate from the United States of America to the territory of the North German Confederation and from the North German Confederation to the United States of America and whereas this agreement by publication in the bulletin of the laws of that Confederation has obtained binding force in the parts of the Grand Duchy of Hesse belonging to the North German Confederation, it has seemed proper in like manner to establish regulations respecting the citizenship of such persons as emigrate from the United States of America to the parts of the Grand Duchy of Hesse not belonging to the North German Confederation and from the above described parts of Hesse to the United States of America.
The President of the United States of America and His Royal Highness the Grand Duke of Hesse and by Rhine have therefore resolved to treat on this subject, and for that purpose have appointed plenipotentiaries to conclude a convention, that is to say:
the President of the United States of America:
George Bancroft, Envoy extraordinary and Minister plenipotentiary and
His Royal Highness the Grand Duke of Hesse and by Rhine, Dr. Frederick Baron von Lindelof, President of his council of State, Minister of Justice, & actual Privy Counsellor,
who have agreed to, and signed the following articles:
Citizens of the parts of the Grand Duchy of Hesse not included in the North German confederation, who have become or shall become naturalized citizens of the United States of America, and shall have resided uninterruptedly within the United States five years, shall be held by the Grand Ducal Hessian Government to be American citizens, and shall be treated as such.
Reciprocally: Citizens of the United States of America, who have become, or shall become naturalized citizens of the above described parts of the Grand Duchy Hesse, and shall have resided uninterruptedly therein five years, shall be held by the United States to be citizens of the Grand Duchy Hesse, and shall be treated as such.
The declaration of an intention to become a citizen of the one or the other country, has not for either party the effect of naturalization.
A naturalized citizen of the one party on return to the territory of the other party, remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration; saving always the limitation established by the laws of his original country.
The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States of America and the Grand Duchy Hesse on the 16th of June 1852, remains in force, without change.
If a Hessian, naturalized in America, but originally a citizen of the parts of the Grand Duchy not included in the North German Confederation, renews his residence in those parts without the intent to return to America, he shall be held to have renounced his naturalization in the United States.
Reciprocally: If an American, naturalized in the Grand Duchy of Hesse, (within the above described parts,) renews his residence in the United States without the intent to return to Hesse, he shall be held to have renounced his naturalization in the Grand Duchy.
The intent not to return may be held to exist, when the person naturalized in the one country resides more than two years in the other country.
The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for ten years. If neither party shall have given to the other six months previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention.
The present convention shall be ratified by the President of the United States of America and by His Royal Highness the Grand Duke of Hesse and by Rhine etc. The ratification of the first is to take effect by and with the advice and consent of the Senate of the United States; on the Grand Ducal Hessian side, the assent of the States of the Grand Duchy is reserved, in so far as it is required by the constitution.
The ratifications shall be exchanged at Berlin within one year of the present date.
In faith whereof the Plenipotentiaries have signed and sealed this convention.
Darmstadt. the 1. of August 1868.
FRIEDRICH FREIHERR VON LINDELOF.
TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION.
Concluded July 4, 1864; ratification advised by the Senate February 20, 1865; ratified by the President March 9, 1865; ratifications exchanged May 5, 1865; proclaimed May 30, 1865. (Treaties and Conventions, 1889, p. 566.)
Commercial intercourse having been for some time established between the United States and the Republic of Honduras, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the United States, and the said Republic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a treaty of amity, commerce and navigation.
For this purpose, they have named their respective Plenipotentiaries, that is to say:
The President of the United States, Thomas H. Clay, Minister Resident of the United States to the Republic of Honduras;
And his Excellency, the President of the Republic of Honduras, Señor Licenciado Don Manuel Colindres, Minister of Foreign Relations of that Republic;
Who after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following Articles:
There shall be perpetual amity between the United States and their citizens on the one part and the Government of the Republic of Honduras and its citizens on the other.