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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.

III. 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.] [SEAL.]

GEO. BANCROFT

DR. OTTO FHR. V. VÖLDERNDORFF.

BELGIUM.

1845.

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.

1858.

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 exchanged April 16, 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.)

1863.

CONVENTION RELATIVE TO IMPORT DUTIES AND CAPITALIZATION OF SCHELDT DUES.

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. 47.

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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.)

ARTICLES.

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

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, declaration which shall be considered inserted in the present Treaty to which it shall remain also annexed.

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 Eighteenhundred 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 Beigian 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.

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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

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