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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, or any other remission of liability to punishment.
The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part and Bavaria on the other part, the twelfth day of September one thousand eight hundred and fifty three, remains in force without change.
If a Bavarian, naturalized in America renews his residence in Bavaria 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 Bavaria renews his residence in the United States without the intent to return to Bavaria, he shall be held to have renounced his naturalization in Bavaria.
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 His Majesty the King of Bavaria, and by the President by and with the advice and consent of the Senate of the United States and the ratifications shall be exchanged at Munich within twelve months from the date hereof.
In faith whereof the Plenipotentiaries have signed and sealed this convention.
Munich, the 26 May, 1868.
GEO. BANCROFT [SEAL.]
DR. OTTO FHR. VON VÖLDERNDORFF.
Done at Munich, the 26. May, 1868. The undersigned met to day to sign the treaty agreed upon, in conformity with their respective full powers, relating to the Citizenship of those persons, who emigrate from Bavaria to the United States of America and from the United States of America to Bavaria; on which occasion, the following observations, more exactly defining and explaining the contents of this treaty were entered in the following protocol:
a Convention of 1853, p. 59.
I. RELATING TO THE FIRST ARTICLE OF THE TREATY:
1., In as much as the copulative "and" is macle use of, it follows, of course, that not the Naturalization alone, but an additional five years' uninterrupted residence is required, before a person can be regarded as coming within the treaty; but it is by no means requisite, that the five years' residence should take place after the naturalization.
It is hereby further understood that if a Bavarian has been discharged from his bavarian Indigenate or on the other side, if an American has been discharged from his american Citizenship in the manner legally prescribed by the Government of his original country, and then acquires naturalization in the other country in a rightfull and perfectly valid manner, then an additional five years' residence shall no longer be required, but a person so naturalized shall from the moment of his naturalization be held and treated as a Bavarian, and reciprocally as an american citizen.
2., The words “resided uninterruptedly' are obviously to be understood, not of a continual bodily presence, but in the legal sense, and therefore a transient'absence, a journey, or the like, by no means interrupts the period of five years contemplated by the first article.
II. RELATING TO THE SECOND ARTICLE OF THE TREATY.
1., It is expressly agreed that a person, who under the first article is to be held as an adopted Citizen of the other state, on his return to his original country, cannot be made punishable for the act of emigration itself, not even though at a later day he should have lost his adopted Citizenship.
M. RELATING TO ARTICLE FOUR OF THE TREATY. 1. It is agreed on both sides, that the regulative powers granted to the two Governments respectively by their laws for protection against resident aliens, whose residence endangers peace and order in the land, are not affected by the treaty.
In particular the regulation contained in the second clause of the tenth article of the bavarian Military Law of the 30. of January 1868, according to which, Bavarians emigrating from Bavaria before the fulfilment of their military duty, cannot be admitted to a permanent residence in the Land till they shall have become 32 years old, is not affected by the treaty. But yet it is established and agreed, that by the expression “permanent residence" used in the said article the above described emigrants are not forbidden to undertake a journey to Bavaria for a less period of time and for definite purposes, and the royal bavarian Government moreover, cheerfully declares itself ready in all cases in which the emigration has plainly taken place in good faith, to allow a mild rule in practice to be adopted.
2. It is hereby agreed, that when a Bavarian naturalized in America and reciprocally an American naturalized in Bavaria takes up his abode once more in his original country without the intention of return to the country of his adoption, he does by no means thereby recover his former citizenship; on the contrary, in so far as it relates to Bavaria, it depends on his Majesty the King whether he will, or will not in that event grant the bavarian citizenship anew.
The article fourth shall accordingly have only this meaning, that the adopted country of the emigrant cannot prevent him from acquiring once more his former citizenship; but not, that the State, to which the emigrant originally belonged is bound to restore him at once to his original relation.
On the contrary, the citizen naturalized abroad must first apply to be received back into his original country in the manner prescribed by its laws and regulations, and must acquire citizenship anew, exactly like any other alien.
But yet it is left to his own free choice, whether he will adopt that course or will preserve the citizenship of the country of his adoption,
The two plenipotentiaries give each other mutually the assurance that their respective Governments in ratifying this treaty will also regard as approved and will maintain the agreements and explanations contained in the present protocol without any further formal ratification of the Same. (SEAL.]
Geo. BANCROFT [BEAL.]
DR. OTTO FHR. V. VÖLDERNDORFF.
TREATY OF COMMERCE AND NAVIGATION.
Concluded November 10, 1845; ratification advised by the Senate March
26, 1846; ratified by the President March 30, 1846; ratifications exchanged March 30, 1846; proclaimed March 31, 1846. (Treaties and Conventions, 1889, p. 52.)
This treaty contained twenty articles, and was terminated August 20, 1858, by notice given by the Belgian Government.
TREATY OF COMMERCE AND NAVIGATION.
Concluded July 17, 1858; ratification advised by the Senate March 8,
1859; ratified by the President April 13, 1859; ratifications erchanged April 10, 1859; proclaimed April 19, 1859. (Treaties and Conventions, 1889, p. 56.)
This treaty contained eighteen articles, and was terminated July 1, 1875, by notice given by the Belgian Government. (See Treaty of 1875, p. 47.)
CONVENTION RELATIVE TO IMPORT DUTIES AND CAPITALIZATION OF
Concluded May 20, 1863; ratification advised by the Senate February
26, 1864; ratified by the President March 5, 1864; ratifications exchanged June 24, 1864; proclaimed November 18, 1864. (Treaties and Conventions, 1889, p. 60.)
This convention contained five articles, and those which were not transitory have been superseded by the Treaty of 1875, p. 71.
CONVENTION FOR THE EXTINGUISHMENT OF THE SCHELDT DUES.
Concluded July 20, 1863; ratification advised by the Senate February
26, 1864; ratified by the President March 5, 1864; ratifications exchanged June 24, 1864; proclaimed November 18, 1864. (Treaties and Conventions, 1889, p. 62.)
I. Scheldt dues extinguished.
The United States of America and His Majesty the King of the Belgians equally desirous of liberating forever the navigation of the Scheldt from the dues which encumber it, to assure the reformation of the maritime taxes levied in Belgium and to facilitate thereby the development of trade and navigation, have resolved to conclude a Treaty to complete the convention signed on the twentieth of May Eighteen hundred and Sixty three, between the United States and Belgium, and have appointed as their plenipotentiaries, namely:
The President of the United States of America, Henry Shelton Sanford, a citizen of the United States, their Minister Resident to His Majesty the King of the Belgians, and
His Majesty the King of the Belgians, M. Charles Rogier, Grand Officer of the Order of Leopold, decorated with the Iron cross, &c. &c. &c., His Minister of Foreign Affairs,
who, after having exchanged their full powers, found to be in good and due form, have agreed upon the following articles.
The High Contracting Parties take note of and record:
1st The Treaty concluded on the twelfth of May, Eighteenhundred and sixty three, between Belgium and the Netherlands which will remain annexed to the present Treaty, and by which his Majesty the King of the Netherlands renounces forever the dues established upon navigation in the Scheldt and its mouths, by the third paragraph of the ģth article of the Treaty of the 19th April Eighteenhundred and thirty nine, and His Majesty the King of the Belgians engages to pay the capital sum of the redemption of those dues which amount to 17,141.640 florins.
24. The declaration made in the name of His Majesty the King of the Netherlands on the fifteenth of July, Eighteenhundred and sixty three to the Plenipotentiaries of the High Contracting Parties, that the extinguishment of the Scheldt Dues consented to by His said Majesty, applies to all flags, that these dues can never be reestablished under any form whatsoever, and that this suppression shall not affect in any manner, the other provisions of the Treaty of the nineteenth of April Eighteenhundred and thirty nine, which declaration shall be considered inserted in the present Treaty to which it shall remain also annexed.
S. Doc. 318,58-2
His Majesty the King of the Belgians makes for what concerns Him the same declaration as that which is mentioned in the second paragraph of the preceding article.
It is well understood that the tonnage dues suppressed in Belgium in conformity with the Convention of the twentieth of May Eighteenhundred sixty three, cannot be reestablished, and that the pilotage dues, and local taxes reduced under the same convention, cannot be again increased.
The tariff of pilotage dues and of local taxes at Antwerp shall be the same for the United States as those which are set down in the protocols of the conference at Brussels.
In regard to the proportion of the United States in the capital sum of the extinguishment of the Scheldt dues and the manner, place and time of the payment thereof, reference is made by the High Contracting Parties to the Convention of the twentieth of May Eighteen hundred and sixty three.
The execution of the reciprocal Engagements contained in the present Treaty is made subordinate, in so far as is necessary, to the formalities and rules established by the constitutional laws of the High contracting Parties.
It is well understood, that the provisions of article 3. will only be obligatory with respect to the State which has taken part in or those which shall adhere to the treaty of this day, the King of the Belgians reserving to himself expressly the right to establish the manner of treatment as to fiscal and customs regulations of vessels belonging to States which shall not be parties to this Treaty.
The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at Brussels, with the least possible delay.
In faith whereof, the respective Plenipotentiaries have signed the · same in duplicate and affixed thereto their seals.
Done at Brussels, the twentieth day of July Eighteen hundred and sixty three. [SEAL.]
H. S. SANFORD, SEAL