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lics it is hereby stipulated and agreed, that any vessel which shall be owned exclusively by a citizen or citizens of any, or either, of them, and of which the master shall also be a citizen of any, or either of them, and provided three fourths of the crew shall be citizens or subjects of any or either of the said Republics, or of any, or either of the States of the Confederation of Germany, such vessel, so owned, and navigated, shall, for all the purposes of this Convention, be taken to be and considered as, a vessel belonging to Lubeck, Bremen, or Hamburg
Any vessel, together with her cargo, belonging to either of the free Hanseatic Republics of Lubeck, Bremen, or Hamburg, and coming from either of the said ports, to the United States, shall, for all the purposes of this Convention, be deemed to have cleared from the Republic to which such vessel belongs; although, in fact, it may not have been the one from which she departed; and any vessel of the United States, and her cargo, trading to the ports of Lubeck, Bremen, or Hamburg, directly, or in succession, shall, for the like purposes, be on the footing of a Ilanseatic vessel, and her cargo, making the same voyage.
It is, likewise, agreed, that it shall be wholly free for all merchants, commanders of ships, and other citizens of both Parties, to manage, themselves their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandize, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships, submitting themselves to the 'laws, decrees, and usages there established, to which native citizens are subjected; they being in all these cases, to be treated as citizens of the Republic in which they reside, or, at least, to be placed on a footing with the citizens or subjects of the most favored nation.
The Citizens of each of the Contracting Parties shall have power to dispose of their personal goods, within the jurisdiction of the other, by sale, donation, testament, or otherwise; and their representatives, being citizens of the other Party, shall succeed to their said personal goods, whether by testament, or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are, shall be subject to pay in like cases: and if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance, on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds, without molestation, and exempt from all duties of detraction, on the part of the Government of the respective States.
Both the Contracting Parties promise and engage formally, to give their special protection to the persons and property, of the citizens of each other, of all occupations, who may be in the territories subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial recourse, on the same terms which are usual and customary with the natives or citizens of the country in which they may be; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper, in all their trials at law; and such citizens or agents shall have as free opportunity as native citizens to be present at the decisions and sentences of the tribunals, in all cases which may concern them; and, likewise, at the taking of all examinations and evidence which may be exhibited in the said trials.
The Contracting Parties, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of Commerce and navigation, which shall not immediately become common to the other Party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.
ARTICLE X. The present Convention shall be in force for the term of twelve years from the date hereof, and further, until the end of twelve months after the Government of the United States, on the one part, or the free Hanseatic Republics of Lubeck, Bremen or Hamburg, or either of them, on the other part, shall have given notice of their intention to terminate the same; each of the said Contracting Parties reserving to itself the right of giving such notice to the other, at the end of the said term of twelve years; and it is hereby agreed between them, that, at the expiration of twelve months after such notice shall have been received by either of the Parties from the other, this Convention, and all the provisions thereof, shall, altogether, cease and determine, as far as regards the States giving and receiving such notice; it being always understood and agreed, that, if one, or more of the Hanseatic Republics aforesaid, shall, at the expiration of twelve years, from the date hereof, give or receive notice of the proposed termination of this convention, it shall nevertheless remain in full force and operation, as far as regards the remaining Ilanseatic Republics, or Republic which may not have given or received such notice.
The present convention being approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the Senates of the lanseatic Republics of Lubeck, Bremen and Hamburg, the ratifications shall be exchanged at Washington within nine months from the date hereof, or sooner if possible.
In faith whereof, We, the Plenipotentiaries of the Contracting Parties, have signed the present Convention; and have thereto affixed our seals.
Done in quadruplicates, at the City of Washington, on the twentieth day of December, in the year of our Lord, one thousand, eight hundred and twenty seven, in the fifty second year of the Independence of the United States of America. SEAL.
II. CLAY. SEAL.
ADDITIONAL ARTICLE TO CONVENTION OF 1827.
Concluded June 4, 1828; ratification advised by the Senate December 29, 1828; ratified by the President; ratifications exchanged January 14, 1829; proclaimed July 29, 1829. (Treaties and Conventions, 1889, p. 537.)
This article, relating to the arrest of deserters at the request of consuls, was superseded by the consular convention with the German Empire, 1871. (See page 192.)
Concluded April 30, 1852; ratification advised by the Senate August
30, 1852; ratified by the President September 24, 1852; ratifications exchanged February 25, 1853; proclaimed June 6, 1853. (Treaties and Conventions, 1889, p. 538.)
This convention of three articles was superseded by the general consular convention of the German Empire, 1871, page 192.
The cession of the Hawaiian Islands to the United States having been accepted by the resolution approved by the President July 7, 1898, (U. S. Stats. Vol. 30, p. 75.), the treaties with that country terminated upon the formation of the government for the islands.
Concluded December 20, 1849; ratification advised by the Senate January 14, 1850; ratified by the President February 4, 1850; ratifications exchanged August 24, 1850; proclaimed November 9 1850. (Treaties and Conventions, 1889, p. 510.'
TREATY OF RECIPROCITY. Concluded January 30, 1875; ratification advised by the Senate March
18, 1875; ratified by the President May 31, 1875; ratifications exchanged June 3, 1875; proclaimed June 3, 1875. (Treaties and Conventions1889p. 546.
By this treaty of six articles certain specified articles were admitted free of duty into the United States and the llawaiian Islands respectively.
Federal case: Netherclift v. Robertson, 23 Blatch., 548.
TREATY OF RECIPROCITY. Concluded December 6, 1884; ratification advised by the Senate with
amendments January 20, 1887; ratified by the President November 7, 1887; ratifications erchanged November 9, 1887; proclaimed November 9, 1887. (Treaties and Conventions, 1889, p. 1187.)
By this treaty the Reciprocity Treaty of 1875 was extended for a further term of seven years and there was granted to the United States the exclusive right to establish a coaling station at Pearl River Harbor.
(SEE NORTH GERMAN CONFEDERATION.)
CONVENTION ABOLISHING DROIT D'AUBAINE AND TAXES ON
Concluded March 26, 1844; ratification advised by the Senate June
12, 1844; ratified by the President June 22, 1844; ratifications exchanged October 16, 1844; time for exchangeof ratifications ectended io July 4, 1845, and exchange previous thereto declared regular by the Senate January 13, 1845; proclaimed May 8, 1845. (Treaties and
I. Droit d'aubaine, etc., abolished. IV. Rights of absent heirs.
V. Inheritance disputes.
The United States of America, on the one part, and His Royal Highness the Grand Duke of Hesse, 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 negotiation 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 His Royal Ilighness the Grand Duke of Hesse, upon Baron Schaeffer Bernstein, his Chamberlain, Colonel, Aide-de-Camp, and minister resident near llis Majesty the King of Prussia; who, after having exchanged their said full powers, found in due and proper form, have agreed to the following articles:
ART. 1. 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.
ART. 2. 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 subject or citizen 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 detraction on the part of the Government of the respective States.