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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, 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-fulfilment of military duty,
1., if he has emigrated, after he, on occasion of the draft from those owing military duty, has been enrolled as a recruit for service in the standing army;
2., if he 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 appearance, or after war has broken out.
On the other hand: a former Badener, naturalized in the United States, who, by or after his emigration, has transgressed or shall 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 held subsequently to military service, nor remain liable to trial and punishment for the non-fulfilment of his military duty. Moreover; the attachment on the property of an emigrant for non-fulfilment 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 fifty seven, remains in force without change.
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 return to his original country be constrained to resume his former citizenship; yet if 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.
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.
1 Convention of 1857, p. 28.
Th present convention shall be ratified by Ilis 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 19. July 1868.
[SEAL.] V. FREYDORF.
BAVARIA. (See GERMAN EMPIRE.)
CONVENTION ABOLISHING DROIT D'AUBAINE AND TAXES ON
*Concluded January 21, 1845; ratification advised by the Senate, with
amendment, March 15, 1845; ratified by the President March 18, 1845; ratifications exchanged November 4, 1845; proclaimed August 15, 1846. (Treaties and Conventions, 1889, p. 45.)
I. Taxes abolished.
V. Disputes as to inheritances. II. Disposal of real property.
VI. Emigration from Bavaria not III. Disposal of personal property.
affected. IV. Protecting property of absent heirs. VII. Ratification.
The United States of America and His Majesty, the King of Bavaria, having agreed for the advantage of their respective citizens and subjects, to conclude a Convention for the mutual 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-Kæfering, His 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 form, 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.
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 7468- 3
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.
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, legatees, and donees, being citizens or subjects of the other Contracting Party, shall succeed to their said 1 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 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 Art. 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 according to the laws, and by the judges of the country where the property is situated.
But this Convention shall not derogate in any manner from the force of the laws already published, or hereafter to be published by His Majesty, the King of Bavaria, to prevent the emigration of His subjects.
This Convention is concluded subject to the ratification of the President of the United States of America, by and with the advice and consent of their Senate, and of His 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 affixed 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. [SEAL.]
HENRY WHEATON SEAL.]
GRAF V LERCHENFELD
In the original treaty " real and" appeared before “personal property,” but these words were stricken out by the Senate.
EXTRADITION CONVENTION.1 Concluded September 12, 1853; ratification advised by the Senate with
an amendment July 12, 1854; ratified by the President July 24, 1854; ratifications exchanged at London November 1, 1854; proclaimed November 18, 1854. (Treaties and Conventions, 1889, p. 47.)
I. Extraditable crimes; proceedings. IV. Persons committing crimes in counII. Accession of other German States.
try where found. III. Persons not to be delivered.
VI. Ratification. The United States of America and His 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 and 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 determined to conclude 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 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 Plenipotentiaries:
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.
His 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.
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
| Article III, p. 38. federal case: In re Thomas, 12 Blatch., 370.