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(See GERMAN EMPIRE.)
CONVENTION ABOLISHING DROIT D'AUBAINE AND TAXES ON
Concluded January 21, 1845; ratification advised by the Senate, with
amendment, March 15, 1845; ratified by the President March 18, 1845; ratifications exchanged November 4, 1845; proclaimed August 16, 1846. (Treaties and Conventions, 1889, p. 45.)
I. Taxes abolished.
V. Disputes as to inheritances.
The United States of America and His Majesty, the King of Bavaria, having agreed 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 Majesty the King of Bavaria, upon Count Maximilian von Lerchenfeld-Kæfering, His Chamberlain, Envoy Extraordinary and Minister Plenipotentiary at the Royal Prussian Court, Commander of the Royal Order of the Knights of St. George, of the Order for Merit in Civil Service of the Bavarian crown, of St. Michael, Grand Cross of the Russian Imperial Order of St. Anne of the first Class, of the Royal Prussian Order of the Red Eagle of the first Class, Commander Grand Cross of the Royal Swedish Order of the North Star and Great Commander of the Royal Greek Order of the Saviour, —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 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 détraction.
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 Art. II, may take measures to receive or dispose of the inheritance.
ART. V 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.
But this Convention shall not derogate in any manner from the force of the laws already published, or hereafter to be published by His Majesty, the King of Bavaria, to prevent the emigration of His subjects.
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 Majesty, the King of Bavaria, and the ratifications thereof shall be exchanged at Berlin within the term of fifteen 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 aflixed their seals.
Done in quadruplicate in the city of Berlin on the Twenty First day of January, one Thousand, Eight Hundred and Forty Five, in the sixty ninth year of the Independence of the United States of America, and the nineteenth of the reign of His Majesty the King of Bavaria. (SEAL.]
HENRY WHEATON [SEAL.]
GRAF V LERCHENFELD
a In the original treaty “real and" appeared before “personal property,” but these words were stricken out by the Senate.
Concluded September 12, 1853; ratification advised by the Senate with
an amendment July 12, 1854; ratified by the President July 24, 1854; ratifications exchanged at London November 1, 1854; proclaimed November 18, 1854. (Treaties and Conventions, 1889, p. 47.)
I. Extraditable crimes; proceedings. IV. Persons committing crimes in counII. Accession of other German States.
try where found. III. Persons not to be delivered.
The United States of America and His Majesty, the King of Bavaria, actuated by an equal desire to further the administration of justice and to prevent the commission of crimes in their respective countries, taking into consideration, that the increased means of communication between Europe and America facilitate the escape of offenders, and that, consequently provision ought to be made in order that the ends of justice shall not be defeated, have determined to conclude an arrangement destined to regulate the course to be observed in all cases with reference to the extradition of such individuals as having committed any of the offenses, hereafter enumerated, in one Country, shall have taken refuge within the territories of the other. The constitution and laws of Bavaria, however, not allowing the Bavarian Government to surrender their own subjects for trial before a Foreign Court of Justice, a strict reciprocity requires that the Government of the United States shall be held equally free from any obligation to surrender Citizens of the United States.
For which purposes the high contracting Powers have appointed as their Plenipotentiaries:
The President of the United States, James Buchanan, Envoy extraordinary and Minister plenipotentiary of the United States at the Court of the united kingdom of Great Britain and Ireland.
His Majesty the King of Bavaria, Augustus Baron de Cetto, His said Majesty's Chamberlain, Envoy extraordinary and Minister plenipotentiary at the Court of Her Majesty, the Queen of the united kingdom of Great Britain and Ireland, Knight Commander of the Order for merit of the Bavarian Crown and of the order for Merit of St. Michael, Knight Grand Cross of the royal Grecian Order of our Saviour.
who after reciprocal communication of their respective full powers, found in good and due form, have agreed to the following Articles.
The Governmentof the United States, and the Bavarian Government promise and engage, upon mutual requisitions by them or their Ministers, officers or authorities respectively made, to deliver up to justice all persons, who being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged papers, or the fabrication, or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party shall seek an asylum, or shall be found within the territories of the other: provided, that this shall only be done upon such evidence of criminality, as according to the laws of the place, where the fugutive or person so charged shall be found, would justify his apprehension and commitment, for trial, if the crime or oifense bad there been committed; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates respectively, to the end, that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive.
a Article III, p. 62. Federal case: In re Thomas, 12 Blatch., 370.
The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.
The Stipulations of this Convention shall be applied to any other State of the German Confederation, which may hereafter declare its accession thereto.
ARTICLE III. None of the contracting parties shall be bound, to deliver up citizens or subjects under the Stipulations of this Convention:
Whenever any person, accused of any of the crimes enumerated in this Convention, shall have committed a new crime in the territories of the State, where he has sought an asylum, or shall be found, such person shall not be delivered up under the Stipulations of this Convention until he shall have been tried and shall have received the punishment, due to such new crime, or shall have been acquitted thereof.
The present Convention shall continue in force until the First of January, One thousand eight hundred and fifty eight, and 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 high contracting parties shall have given notice to the other of such intention; each of the high contracting parties, reserving to itself the right of giving such notice to the other at any time after the expiration of the said First day of January, One thousand, eight hundred and fifty eight.
The present Convention shall be ratified by the President by and with the advice and consent of the Senate of the United States and by the Government of Bavaria and the ratifications shall be exchanged
in London within fifteen months from the date hereof, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals.
Done in duplicate in London the twelfth day of September One thousand, eight hundred and fifty three, and the seventy eighth year of the Independence of the United States.
JAMES BUCHANAN (SEAL.]
Concluded May 26, 1868; ratification advised by the Senate June 29, 1868; ratified by the President July 17, 1868; ratifications exchanged September 18, 1868; proclaimed October 8, 1868. (Treaties and Con
8, ventions, 1889, p. 49.)
ARTICLES. I. Necessary requirements.
IV. Resumption of former citizenship. II. Liability for prior offenses.
V. Duration. III. Former convention continued.
VI. Ratification. His Majesty the King of Bavaria, and the President of the United States of America, led by the wish to regulate the citizenship of those persons, who emigrate from Bavaria to the United States of America, and from the United States of America to the territory of the Kingdom of Bavaria, have resolved to treat on this subject and have, for that purpose appointed plenipotentiaries to conclude a convention, that is to say:
His Majesty the King of Bavaria:
Citizens of Bavaria, 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 Bavaria 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 Bavaria, and shall have resided uninterruptedly within Bavaria five years shall be held
y the United States to be Bavarian citizens and shall be treated 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