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His Majesty the German Emperor, King of Prussia, His Ambassador Extraordinary and Plenipotentiary, Herr von Holleben; and
Her Majesty the Queen of Great Britain and Ireland, Empress of India, the Right Honorable Lord Pauncefote of Preston, G. C. B., G. C. M. G., Her Britanic Majesty's Ambassador Extraordinary and Plenipotentiary:
who, after having communicated each to the other their respective full powers which were found to be in proper form, have agreed upon and concluded the following articles:
The General Act concluded and signed by the aforesaid Powers at Berlin on the 14th day of June, A. D. 1889, and all previous treaties, conventions and agreements relating to Samoa, are annulled.
Germany renounces in favor of the United States of America all her rights and claims over and in respect to the Island of Tutuila and all other islands of the Samoan group east of Longitude 171° west of Greenwich.
Great Britain in like manner renounces in favor of the United States of America all her rights and claims over and in respect to the Island of Tutuila and all other islands of the Samoan group east of Longitude 171° west of Greenwich.
Reciprocally, the United States of America renounce in favor of Germany all their rights and claims over and in respect to the Islands of Upolu and Savaii and all other Islands of the Samoan group west of Longitude 171° west of Greenwich.
It is understood and agreed that each of the three signatory Powers shall continue to enjoy, in respect to their commerce and commercial vessels, in all the islands of the Samoan group privileges and conditions equal to those enjoyed by the sovereign Power, in all ports which may be open to the commerce of either of them.
The present Convention shall be ratified as soon as possible, and shall come into force immediately after the exchange of ratifications.
In faith whereof, we, the respective Plenipotentiaries, have signed this Convention and have hereunto affixed our seals.
Done in triplicate, at Washington, the second day of December, in the year of Our Lord one thousand eight hundred and ninety-nine.
JOHN HAY SEAL.
TREATY OF COMMERCE AND NAVIGATION.
Concluded November 26, 1838; ratification advised by the Senale
March 2, 1839; ratified by the President March 8, 1839; ratifications exchanged March 18, 1839; proclaimed March 18, 1839. (Treaties and Conventions, 1889, p. 974.)
This treaty of twenty articles and a separate article was superseded by the Treaty of 1871 with Italy, (p. 449) Sardinia having become merged into that Kingdom.
(SEE GERMAN EMPIRE.)
CONVENTION ABOLISHING DROIT D'AUBAINE AND EMIGRATION TAXES.
Concluded May 14, 1845; ratification advised by the Senate, with
amendment, April 15, 1846; ratified by the President April 22, 1846; ratifications exchanged August 12, 1846; proclaimed September 9, 1846. (Treaties and Conventions, 1889, p. 981.)
I. Taxes abolished.
The United States of America on the one part and His Majesty the King of Saxony 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 negotiations 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 llis Majesty the King of Saxony upon
John DeMinckwitz, his Minister of State, Lieutenant-General, Envoy extraordinary and Minister plenipotentiary at the said Court, 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 citizen or subject of the other, were he not disqualified by alienage,-or where such real property has been devised by last will and testament to such citizen or subject, he shall be allowed a term of two years from the death of such person, which term may be reasonably prolonged according to circumstances,-to sell the same and to withdraw the proceeds thereof without molestation, and exempt from all duties of detraction on the part of the Gov. ernment 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 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 the 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.
ART: 5. If any dispute should arise between the different claimants to the same inheritance, they shall be decided, 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, devised, or bequeathed, but not yet withdrawn from the country where the same is situated, at the signature of this convention.
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 Majesty the King of Saxony and the ratifications shall be exchanged at Berlin within the term of eighteen months, from the date of the signature or sooner if possible.
In faith of which, the respective Plenipotentiaries have signed the above Articles, both in German and English, and have thereto affixed their seals.
Done in triplicata in the city of Berlin, on the 14th of May, in the year of our Lord one thousand eight hundred and forty five and the sixty ninth of the Independence of the United States of America.
(SEE GERMAN EMPIRE.) The Principality of Schaumburg-Lippe, June 7, 1854, acceded to the Extradition Convention concluded with Prussia and other German States, June 16, 1852, and the additional article of November 16, 1852.
S. Doc. 318, 58–2—44
CONVENTION OF COMMERCE AND NAVIGATION.
Concluded October 14, 1881; ratification advised by the Senate July 5,
1882; ratified by the President July 14, 1882; ratifications exchanged November, 15, 1882; proclaimed December 27, 1882. (Treaties and Conventions, 1889, p. 984.)
1. Freedom of commerce, navigation, VII. Freedom of imports. and trade.
VIII, Transit of goods. II. Rights of real and personal prop- IX. Ad valorem duties. erty.
X. Exceptions of local traffic. III. Trade privileges.
XI. Freight on railways. IV. Exemptions, etc.
XII. Trade-marks. V. Prohibitions of imports, etc., re- XIII. Shipping charges. stricted.
XIV. Duration. VI. Import and export duties.
XV. Ratification. The United States of America and His Highness the Prince of Serbia, animated by the desire of facilitating and developing the commercial relations established between the two countries, have determined with this object to conclude a Treaty, and have named as their respective plenipotentiaries, viz:
The United States of America, Eugene Schuyler, their Chargé d'affaires and Consul General at Bucarest;
His Highness, the Prince of Serbia, Monsieur Ched. Mijatovitch, His Minister of Foreign Affairs, Grand Officer of His Order of Takova, &c. &c. &c.
Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:
There shall be reciprocally full and entire liberty of commerce and navigation between the citizens and subjects of the two High Contracting Powers, who shall be at liberty to establish themselves freely in each other's territory.
Citizens of the United States in Serbia and Serbian subjects in the United States shall reciprocally, on conforming to the laws of the country, be at liberty freely to enter, travel or reside in any part of the respective territories, to carry on their business, and shall enjoy in this respect for their persons and property the same protection as that enjoyed by natives or by the subjects of the most favoured nation.
They shall be at liberty to exercise their industry and trade both by wholesale and by retail in the whole extent of both territories, without being subjected as to their persons or property, or with regard to the exercise of their trade or business to any taxes, whether general or