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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 other 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 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.
If any dispute should arise between different claimants to the same inheritance, they shall be decided, in the last resort, according to the laws, and by the judges of the country where the property is situated.
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 Royal Highness the Grand Duke of Hesse, and the ratifications shall be exchanged at Berlin within the term of six months from the date of the signature hereof, or sooner if possible.
In faith of which the respective Plenipotentiaries have signed the above articles, both in French and English, and have thereto affixed their seals declaring, nevertheless that the signing in both languages shall not hereafter, be cited as a precedent, nor in any way, operate to the prejudice of the Contracting Parties.
Done in quadruplicata in the city of Berlin, on the twenty sixth day
B'ON DE SCHAEFFER-BERNSTEIN.
[For stipulations of June 16, 1852, for the mutual delivery of criminals fugitives from justice in certain cases, between the United States and the Elector of Ilesse, the Grand Duke of Hesse and on Rhine, and the Landgrave of Hesse-Homburg, and other powers, see convention of that date with Prussia and other States of the Germanic Confederation, page 520.]
Concluded August 1, 1868; ratification advised by the Senate April
12, 1869; ratified by the President April 18, 1869; ratifications exchanged July 23, 1869; proclaimed August 31, 1869. (Treaties and Conventions, 1889, p. 563.)
I. Naturalization recognized.
ship. Whereas an agreement was made on the 224 of February 1868 between the United States of America and the North German Confederation, to regulate the citizenship of those persons, who emigrate from the United States of America to the territory of the North German Confederation and from the North German Confederation to the United States of America and whereas this agreement by publication in the bulletin of the laws of that Confederation has obtained binding force in the parts of the Grand Duchy of Hesse belonging to the North German Confederation, it has seemed proper in like manner to establish regulations respecting the citizenship of such persons as emigrate from the United States of America to the parts of the Grand Duchy of Hesse not belonging to the North German Confederation and from the above described parts of Hesse to the United States of America.
The President of the United States of America and His Royal Highness the Grand Duke of Hesse and by Rhine have therefore resolved to treat on this subject, and for that purpose have appointed plenipotentiaries to conclude a convention, that is to say:
the President of the United States of America: George Bancroft, Envoy extraordinary and Minister plenipotentiary and His Royal Highness the Grand Duke of IIesse and by Rhine,
Dr. Frederick Baron von Lindelof, President of his council of State, Minister of Justice, & actual Privy Counsellor,
who have agreed to, and signed the following articles:
Citizens of the parts of the Grand Duchy of Ilesse not included in the North German confederation, who have become or shall become naturalized citizens of the United States of America, and shall have resided uninterruptedly within the United States five years, shall be held by the Grand Ducal Hessian Government to be American citizens, and shall be treated as such.
Reciprocally: Citizens of the United States of America, who have become, or shall become naturalized citizens of the above described parts of the Grand Duchy Hesse, and shall have resided uninterruptedly therein five years, shall be held by the United States to be citizens of the Grand Duchy Hesse, 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.
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 committed before his emigration; saving always the limitation established by the laws of his original country.
ARTICLE 3. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States of America and the Grand Duchy lIesse on the 16th of June 1852, remains in force, without change.
If a lessian, naturalized in America, but originally a citizen of the parts of the Grand Duchy not included in the North German Confederation, renews his residence in those parts without the intent to return to America, he shall be held to have renounced his naturalization in the United States.
Reciprocally: If an American, naturalized in the Grand Duchy of Hesse, (within the above described parts,) renews his residence in the United States without the intent to return to Hesse, he shall be held to have renounced his naturalization in the Grand Duchy.
The intent not to return may be held to exist, when the person naturalized in the one country resides more than two years in the other country.
ARTICLE 5. The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for 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 further remain in force until the end of twelve months after either 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 of America and by His Royal Ilighness the Grand Duke of lesse and by Rhine etc. The ratification of the first is to take effect by and with the advice and consent of the Senate of the United States; on the Grand Ducal Hessian side, the assent of the States of the Grand Duchy is reserved, in so far as it is required by the constit ion.
The ratifications shall be exchanged at Berlin within one year of the present date.
In faith whereof the Plenipotentiaries have signed and sealed this convention. Darmstadt. the 1. of August 1868. GEO. BANCROFT.
TSEAL. FRIEDRICH FREIHERR VON LINDELOF. SEAL.
TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded July 4, 1864; ratification advised by the Senate February
20, 1865; ratified by the President March 9, 1865; ratifications exchanged May 5, 1865; proclaimed May 30, 1865. (Treaties and Conventions, 1889, p. 566.)
X. Diplomatic and consular priviII. Freedom of commerce; coasting
XI. Protection in case of war. III. Most favored nation privileges. XII. General liberties. IV. Equality of import and export XIII. Duration of Articles IV, V, and duties.
VI. V. Shipping dues.
XIV. Neutrality of Honduras InterVI. Reciprocal treatment of vessels
oceanic Railway. VII. Protection of property, etc.
ice, loans, etc. Commercial intercourse having been for some time established between the United States and the Republic of Honduras, it seems good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the United States, and the said Republic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a treaty of amity, commerce and navigation.
For this purpose, they have named their respective Plenipotentiaries, that is to say:
The President of the United States, Thomas H. Clay, Minister Resident of the United States to the Republic of Honduras;
And his Excellency, the President of the Republic of Honduras, Señor Licenciado Don Manuel Colindres, Minister of Foreign Relations of that Republic;
Who after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following Articles:
There shall be perpetual amity between the United States and their citizens on the one part and the Government of the Republic of Honduras and its citizens on the other. .
There shall be, between all the territories of the United States and the territories of the Republic of Honduras, a reciprocal freedom of commerce. The subjects and citizens of the two countries respectively shall have liberty, freely and securely, to come with their ships and cargos to all places, ports and rivers in the territories aforesaid, to which other foreigners are or may be permitted to come; to enter into the same, and to remain and reside in any part thereof, respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and, generally, the merchants and traders of each nation respectively, shall enjoy the most complete protection and security for their commerce; subject, always to the laws and statutes of the two countries respectively.
In like manner, the respective ships of war and post office packets of the two countries shall have liberty, freely and securely, to come to all harbors, rivers and places to which other foreign ships of war and packets are, or may be permitted to come, to enter into the same, to anchor and to remain there and refit; subject always to the laws and statutes of the two countries respectively.
By the right of entering the places, ports and rivers mentioned in this Article, the privilege of carrying on the coasting trade is not understood; in which trade national vessels only of the country where the trade is carried on are permitted to engage.
It being the intention of the two high contracting parties to bind themselves by the preceding Articles, to treat each other on the footing of the most favored nation, it is hereby agreed between them, that any favor, privilege or immunity whatever in matters of commerce and navigation, which either contracting party has actually granted, or may hereafter grant to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other high contracting party gratuitously, if the concession in favor of that other nation shall have been gratuitous; or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.
No higher nor other duties shall be imposed on the importation into the territories of the United States, of any articles being of the growth, produce, or manufacture of the Republic of Honduras, and no higher nor other duties shall be imposed upon the importation into the territories of the Republic of Honduras of any articles being the growth, produce or manufacture of the territories of the United States than are or shall be payable on the like articles, being the growth, produce or manufacture of any other foreign country; nor shall any other or higher duties or charges be imposed in the territories of either of the high contracting parties, on the exportation of any articles to the territories of the other, than such as are or may be payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed upon the exportation or importation of any articles, the growth, produce, or manufacture of the territories of the