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When native citi. zens of one country are to be treated
TREATY BETWEEN TIIE UNITED STATES AND THE GRAND DUCHY OF BADEN-NATURALIZATION-CONCLUDED JULY 19, 1868 ; RATIFICATIONS EXCHANGED DECEMBER 7, 1869; PROCLAIMED JANUARY 10, 1870.
The President of the United States of America and His Royal Highness the Grand Duke of Baden, led by the wish to regulate the citizenship of those persons who emigrate from tiek Baden to the United States of America, and from the United States of America to the territory of the Grand Duchy, have resolved to treat on this subject, and have for that purpose appointed Plenipotentiaries; that is to say:
The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States near the Grand Duke of Baden; and His Royal Highness the Grand Duke of Baden, his President of the Ministry of the Grand-Ducal House and of Foreign Affairs and Chamberlain, Rudolph von Freydorf; Who have agreed to and signed the following articles:
ARTICLE I. Citizens of the Grand Duchy of Baden, who have resided uninterruptedly within the United States of America five years, and before, during, or after that time have become or shall be. come naturalized citizens of the United States, shall be citizens of the other. held by Baden to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who have residel uninterruptedly within the Grand Duchy of Baden five years, and before, during, or after that time have become or shall become naturalized citizens of the Grand Duchy of Bader, shall be held by the United States to be citizens of Baden, and shall be treated as 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.
ARTICLE II. 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 punishable by the laws of his original country, and td "brture emigra: committed before his emigration, saving always the limitation established by the laws of his original country, or any other remission of liability to punishment. In particular, a former Badener who, under the first article, is to be held as an American citizen, is liable to trial and punishment according to the laws of Baden for non-fulfillment of military duty
1. If he has emigrated after be, on occasion of the draft from those owing military duty, has been enrolled as a recruit for service in the standing army.
2. If be has emigrated whilst he stood in service under the flag, or had a leave of absence only for a limited time.
3. If, having a leave of absence for an unlimited time, or belonging to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appear. ance, or after war has broken out. * Pamphlet Laws, 2d sessiorf, 41st Congress, p. 329, (Vol. XVI of Statutes not yet
On the other hand, a former Bdener, naturalized in the United States, who, by or after his emigration, has transgressed or sball transgress the legal provisions on military duty by any acts or omissions other than those above enumerated in the clauses numbered one to three, can, on his return to his original country, neither be beld subsequently to military service nor remain liable to trial and punishment for the 1100fulfillment of his military duty. Moreover, the attachment on the property of an emigrant for non-fulfillment of his military duty, except in the cases designated in the clauses numbered one to three, shall be removed so soon as he shall prove his naturalization in the United States according to the first article.
The convention for the mutual delivery of criminals, fugitives from
justice, concluded between the Grand Duchy of Baden on
the one part, and the United States of America on the other part, the thirtieth day of January, one thousand eight hundred and tiftyseven, remains in force without change.
Recovery of citi zenhain country.
The emigrant from the one State who, according to the first article,
is to be held as a citizen of the other State, shall not on his originai return to his original country be constrained to resume his
former citizenship; yet it he shall of his own accord reacquire it and renounce the citizenship obtained by naturalization, such a
, renunciation is allowed, and no fixed period of residence shall be required for the recognition of his recovery of citizenship in his original country.
Duration of convention.
The present convention shall go into effect immediately on the exchange
of ratifications, and shall continue in force 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 remain in force until the end of twelve months after either of the contracting parties shall have given notice of such intention.
The present convention shall be ratified by His Royal Highness the
Grand Duke of Baden, 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 Carlsruhe as soon as possible.
In faith whereof the Plenipotentiaries have signed and sealed this convention.
CARLSRUHE, the 19th July, 1868.
GEORGE BANCROFT. L. S.
B A V A RIA.
CONVENTION WITH BAVARIA, CON('LL'DED JANUARY 21, 1845; RATIFICATIONS EXCHANGED AT BERLIN NOVEMBER 4, 1-45; PROCLAIMED AUGUST 16, 1-16.
Concention for the mutual abolition of the droit d'aubaine and taxes on emigration between the United States of America and His Majesty the king of Bararia.
The l'nited States of America and His Majesty the King of Bavaria, having agreed, for the advantage of their respective citi. zens and subjects, to conclude a convention for the inutual 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-Kofering, bis 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 forin, 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.
Abolition of droit d'aubaine and taxes on emigration,
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.
Heirs to real property.
* Vol. IX, Statutes at Large, p. 826 et sey.
in States of the other, &c.
The citizens or subjects of each of the contracting parties shall have
or and power to dispose of their (real and*) personal property
Com within the States of the other, by testament, donation, or purse of their content otherwise; and their heirs, legatees, and donees, being
citizens or subjects of the other contracting party, shall succeed to their said (real and 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 Property of abuone 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 Article II, may take measures to receive or dispose of the inheritance.
If any dispute should arise between different claimants to the same
inheritance, they shall be decided in the last resort accord
ing to the laws, and by the judges, of the country where the property is situated.
Dit ** concerning in tane
Brian w to 1
emission tait lage
But this convention shall not derogate in any manner from the force
of the laws already published, or hereafter to be pablished, by Ilis Majesty the King of Bavaria, to prevent the emi. gration of his subjects.
This convention is concluded subject to the ratitication of the Presi.
dent of the United States of America, by and with the ad.
vice and consent of their Senate, and of llis 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.
HENRY WHEATON. L. S.
GRAF V. LERCHENFELD.
* The words in parentheses are, in the original treaty, enciri led in se link.
EXTRADITION CONVENTION WITH BAVARIA, CONCLUDED SEPTEMBER 12,
1353; RATIFICATIONS EXCHANGED AT LONDON NOVEMBER 1, 1854; PROCLAIMED NOVEMBER 17, 1851.
The United States of America and Iris 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 anil 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 determineil to conOude 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 rurrendered. 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 Pleni. potentiaries:
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; Ilis 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:
Citize is not to be
ARTICLE I. The Government of 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 fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or otïense had there been committed; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made mer oath, to issue a warrant for the apprehension of the fugitive or person
* Vol. X, Statutes at Large, p 10:22 et seq.