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1863.

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.
II. Declaration by King of Belgium.
III. Tonnage and other dues.
IV. Payment by the United States.

ARTICLES.

V. Execution.
VI. Application.
VII. Ratification.

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.

ARTICLE 1.

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 9th 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, 58-2-5

ARTICLE 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.

ARTICLE 3.

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.

ARTICLE 4.

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.

ARTICLE V.

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.

ARTICLE 6.

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.

ARTICLE 7.

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.] [SEAL.]

H. S. SANFORD.
CH. ROGIER.

[Translation.]

Treaty of May 12, 1863, between Belgium and the Netherlands, annexed to the treaty of July 20, 1863.

His Majesty the King of the Belgians and His Majesty the King of the Netherlands, Grand Duke of Luxemburg, having come to an agreement upon the conditions of the redemption, by capitalization, of the dues established upon the navigation of the Scheldt and of its mouths, by paragraph three of the ninth article of the treaty of the 19th April, 1839, have resolved to conclude a special treaty on this subject, and have appointed for their Plenipotentiaries:

His Majesty the King of the Belgians, M. Aldephonse Alexander Felix, Baron du Jardin, Commander of the Order of Leopold, decorated with the Iron Cross, Commander of the Lion of the Netherlands, Chevalier Grand Cross of the Oaken Crown, Grand Cross and Commander of several other orders, his Envoy Extraordinary and Minister Plenipotentiary near to His Majesty the King of the Netherlands. His Majesty the King of the Netherlands, M. Paul Van der Maesen de Sombreff, Chevalier Grand Cross of the Order of the Nichan Iftihar of Tunis, his Minister of Foreign Affairs; M. Jean Rudolphe Thorbecke, Chevalier Grand Cross of the Order of the Lion of the Netherlands, Grand Cross of the Order of Leopold of Belgium, and of many other orders, his Minister of Interior; and M. Gerard Henri Betz, his Minister of Finance;

Who, after having exchanged their full powers, found in good and due form, have concluded upon the following articles:

ARTICLE I.

His Majesty the King of the Netherlands renounces forever, for the sum of 17,141,640 florins of Holland, the dues levied upon the navigation of the Scheldt and of its mouths, by virtue of paragraph three of Article IX, of the treaty of 19th April, 1839.

ARTICLE II.

This sum shall be paid to the Government of the Netherlands by the Belgian Government, at Antwerp, or at Amsterdam, at the choice of the latter, the franc calculated at 474 cents of the Netherlands, as follows:

One-third immediately after the exchange of ratifications, and the two other thirds in three equal installments, payable on the 1st May, 1864, 1st May, 1865, and 1st May, 1866. The Belgian Government may anticipate the above-named payments.

ARTICLE III.

From and after the payment of the first installment of one-third, the dues shall cease to be levied by the Government of the Netherlands.

The sums not immediately paid shall bear interest at the rate of 4 per cent. per annum, in favor of the treasury of the Netherlands.

ARTICLE IV.

It is understood that the capitalization of the dues shall not in any way affect the engagements by which the two States are bound, in what concerns the Scheldt, by treaties in force.

ARTICLE V.

The pilotage dues now levied on the Scheldt are reduced 20 per cent. for sailing vessels, 25 per cent. for towed vessels, and 30 per cent. for steam vessels.

It is, moreover, agreed that the pilotage dues on the Scheldt can never be higher than the pilotage dues levied at the mouths of the Meuse.

ARTICLE VI.

The present treaty shall be ratified, and the ratifications shall be exchanged at the Hague within four months, or earlier if possible.

In faith whereof the Plenipotentiaries above named have signed the same and affixed their seals.

Done at the Hague, the 12th May, 1863.

[L. S.]

L. 8.

L. S.

[L. S.]

BARON DU JARDIN.

P. VAN DER MAESEN DE SOMBREFF.
THORBECKE.

BETZ.

[Translation.]

Protocol of July 15, 1863, annexed to the treaty of July 20, 1863.

The undersigned Plenipotentiaries, having come together in conference to determine the general treaty relative to the redemption of the Scheldt dues, and having judged it useful, before drawing up this arrangement in due form, to be enlightened with respect to the treaty concluded the 12th of May, 1863, between Belgium and Holland, have resolved, to this end, to invite the Minister of the Netherlands to take a place in the conference.

The Plenipotentiary of the Netherlands presented himself in response to this invitation, and made the following declaration:

"The undersigned, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of the Netherlands, declares, in virtue of the special powers which have been delivered to him, that the extinguishment of the Scheldt dues, consented to by his August Sovereign in the treaty of the 12th May, applies to all flags; that these dues can never be reestablished in any form whatsoever; and that this extinguishment shall not affect in any way the other provisions of the treaty of the 19th April, 1839."

[L. S.]

BRUSSELS, July 15, 1863.

BARON GERICKE D'HERWYNEN.

Note has been taken and record made of this declaration, which shall be serted in or annexed to the general treaty.

Done at Brussels, the 15th July, 1863.

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Concluded November 16, 1868; ratification advised by the Senate April 12, 1869; ratified by the President April 18, 1869; ratifications exchanged July 10, 1869; proclaimed July 30, 1869. (Treaties and Conventions, 1889, p. 66.)

ARTICLES.

I. Recognition of naturalization.
II. Liability for prior offenses.
III. Exemption from military service.

IV. Resumption of former citizenship.
V. Duration.
VI. Ratification.

The President of the United States of America and His Majesty the King of the Belgians, led by the wish to regulate the citizenship of those persons who emigrate from the United States of America to Belgium, and from Belgium to the United States of America, have resolved

to make a Convention on this subject and have appointed for their Plenipotentiaries, namely:

The President of the United States of America, Henry Shelton Sanford, a citizen of the United States, Their Minister Resident near His Majesty the King of the Belgians; and

His Majesty the King of the Belgians, the Sieur Jules Vander Stichelen, Grand Cross of the Order of the Dutch Lion, &c., &c., &c., His Minister of Foreign Affairs,

who after having communicated to each other their full powers found to be in good and proper form, have agreed upon the following articles:

ARTICLE 1.

Citizens of the United States who may or shall have been naturalized in Belgium will be considered by the United States as citizens of Belgium;

Reciprocally, Belgians who may or who shall have been naturalized in the United States will be considered by Belgium as citizens of the United States.

ARTICLE 2.

Citizens of either contracting party in case of their return to their original country can be prosecuted there for crimes or misdemeanors committed before naturalization, saving to them such limitations as are established by the laws of their original country.

ARTICLE 3.

Naturalized citizens of either contracting party who shall have resided five years in the country which has naturalized them, cannot be held to the obligation of military service in their original country or to incidental obligation resulting therefrom in the event of their return to it, except in cases of desertion from organized and embodied military or naval service or those that may be assimilated thereto by the laws of that country.

ARTICLE 4.

Citizens of the United States naturalized in Belgium shall be considered by Belgium as citizens of the United States when they shall have recovered their character as citizens of the United States according to the laws of the United States.

Reciprocally, Belgians naturalized in the United States shall be considered as Belgians by the United States when they shall have recovered their character as Belgians according to the laws of Belgium.

ARTICLE 5.

The present Convention shall enter into execution immediately after the exchange of ratifications, and shall remain in force for ten years. If, at the expiration of that period, neither of the contracting parties shall have given notice six months in advance of its intention to terminate the same, it shall continue in force until the end of twelve months after one of the contracting parties shall have given notice to the other of such intention.

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