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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:
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.
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.
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.
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.
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.
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.
BARON DU JARDIN.
P. VAN DER MAESEN DE SOMBREFF.
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."
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.
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.)
I. Recognition of naturalization.
IV. Resumption of former citizenship.
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:
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.
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.
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.
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.
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.
The present Convention shall be ratified by the President of the United States by and with the advice and consent of the Senate and by His Majesty the King of the Belgians with the consent of Parliament and the ratifications shall be exchanged at Brussels within twelve months from the date hereof, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same and affixed thereto their seals.
Made in duplicate at Brussels the sixteenth of November, one thousand eight hundred and sixty eight.
H. S. SANFORD
JULES VANDER STICHELEN
Concluded December 5, 1868; ratification advised by the Senate April 12, 1869; ratified by the President April 18, 1869; ratifications exchanged July 8, 1869; proclaimed March 7, 1870. (Treaties and Conventions, 1889, p. 68.)
This treaty, which contained sixteen articles, was terminated January 1, 1880, on notice given by the Belgian Government. See page 53.
Federal case: In re Wildenhus, 28 Fed. Rep., 924.
Concluded December 20, 1868; ratification advised by the Senate April 12, 1869; ratified by the President April 18, 1869; ratifications exchanged June 19, 1869; proclaimed July 30, 1869. (Treaties and Conventions, 1889, p. 72.)
This was an additional article to the treaty of 1858, and terminated with it July 1, 1875 See page 75.
Concluded March 19, 1874; ratifications advised by the Senate March 27, 1874; ratified by the President March 31, 1874: ratifications exchanged April 30, 1874; proclaimed May 1, 1874. (Treaties and Conventions, 1889, p. 73.)
This treaty contained eight articles, and was terminated November 18, 1882, on the exchange of ratifications of the Treaty of 1882. See page 80.
Federal cases: Ex parte Van Hoven, 4 Dill.; 411, In re Stupp, 12 Blatch., 501; In re Vandervelpen, 14 Blatch., 137.
TREATY OF COMMERCE AND NAVIGATION.
Concluded March 8, 1875; ratification advised by the Senate March 10, 1875; ratified by the President March 16, 1875; ratifications exchanged June 11, 1875; proclaimed June 29, 1875. (Treaties and
The United States of America on the one part, and his Majesty the King of the Belgians on the other part, wishing to regulate in a formal manner their reciprocal relations of commerce and navigation, and further to strengthen, through the development of their interests, respectively, the bonds of friendship and good understanding so happily established between the Governments and people of the two countries; and desiring with this view to conclude, by common agreement, a treaty establishing conditions equally advantageous to the commerce and navigation of both States, have to that effect appointed as their plenipotentiaries, namely: The President of the United States, Hamilton Fish, Secretary of State of the United States, and his Majesty the King of the Belgians Maurice Delfosse, Commander of the Order of Leopold, &c., &c., his Envoy Extraordinary and Minister Plenipotentiary in the United States, who, after having communicated to each other their full powers ascertained to be in good and proper form have agreed to and concluded the following articles:
There shall be full and entire freedom of commerce and navigation between the inhabitants of the two countries, and the same security and protection which is enjoyed by the citizens or subjects of each country shall be guaranteed on both sides. The said inhabitants, whether established or temporarily residing within any ports, cities, or places whatever of the two countries, shall not, on account of their commerce or industry, pay any other or higher duties, taxes, or imposts than those which shall be levied on citizens or subjects of the country in which they may be; and the privileges, immunities, and other favors, with regard to commerce or industry, enjoyed by the citizens or subjects of one of the two States, shall be common to those of the other.
Belgian vessels, whether coming from a Belgian or a foreign port, shall not pay, either on entering or leaving the ports of the United States, whatever may be their destination, any other or higher duties