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(SEE GERMAN EMPIRE.)
CONVENTION ABOLISHING DROIT 'D'AUBAINE AND TAXES ON
EMIGRATION. Concluded April 10, 1844; ratification advised by the Senate June 12, 1844; ratified by the President June 22, 1844; ratifications exchanged October 3, 1844; proclaimed December 16, 1844. (Treaties and Conventions, 1889, p. 1144.)
ARTICLES. I. Taxes abolished.
V. Civil suits.
VI. Extent of convention.
The United States of America and His Majesty the King of Wurttemberg having resolved, for the advantage of their respective citizens and subjects, to conclude a convention for the mutual abolition of the droit d'aubaine & 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 Wurttemberg upon Baron de Maucler, His Captain of the Staff and chargé d'Affaires at the said Court, who, after having exchanged their said full powers, found in due and proper form, have agreed to & signed 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 & 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 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 & exempt from all duties of detraction.
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 succed to their said 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 the 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 ühe judges of the country where the property is situated.
All the stipulations of the present convention shall be obligatory in respect to property already inherited or bequeathed, but not yet withdrawn from the country where the same is situated at the signature of this convention.
This convention is concluded subject to the ratification of the President of the United States of America,-by & with the advice and consent of their Senate, and of His Majesty the King of Wurttemberg, and 'the ratifications thereof shall be exchanged at Berlin, within the term of twelve 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 triplicata in the city of Berlin on the tenth day of April, One Thousand Eight IIundred & forty four, in the sixty eighth year of the Independence of the United States of America, and the twentyeighth of the Reign of His Majesty the King of Wurttemberg.
[SEAL. HENRY WHEATON
EXTRADITION. The King of Württemberg, October 13, 1853, acceded to the extradition Treaty of 1852 with Prussia and the States of the Germanic Confederation, page 520.
CONVENTION AS TO NATURALIZATION AND EXTRADITION.
Concluded July 27, 1868; ratification advised by the Senate April 12,
1869; ratified by the President April 18, 1869; ratifications exchanged August 17, 1869; exchange of ratifications consented to by the Senate March 2, 1870; proclaimed March 7, 1870. (Treaties and Conventions, 1889, p. 1146.)
1. Naturalization recognized. II. Liability for prior offenses, III. Extradition treaty renewed.
IV. Renunciation of naturalization.
The President of the United States of America and His Majesty the King of Wurttemberg, led by the wish to regulate the citizenship of those persons, who emigrate from the United States of America to Wurttemberg, and from Wurttemberg to the territory of the United States of America, have resolved to treat on this subject and have for that purpose 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 Majesty the King of Wurttemberg:
His Minister of the Royal House and of Foreign Affairs, Charles, Baron Varnbüler, who have agreed to and signed the following articles:
Citizens of Wurttemberg 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 Wurttemberg 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 Wurttemberg and shall have resided uninterruptedly within Wurttemberg five years shall be held by the United States to be citizens of Wurttemberg 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, or any other remission of liability to punishment.
The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between Wurttemberg and the United States the 16nd June 1832. remains in force without change.
13pd October 1853.
If a Wurttemberger naturalized in America, renews his residence in Wurttemberg 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 Wurttemberg renews his residence in the United States without the intent to return to Wurttemberg, he shall be held to have renounced his naturalization in Wurttemberg.
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.
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 high contracting parties shall have given notice to the other of such intention.
The present convention shall be ratified by His Majesty the King of Wurttemberg with the consent of the Chambers of the Kingdom 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 Stuttgart, as soon as possible, within twelve months from the date hereof.
In faith whereof the Plenipotentiaries have signed and sealed this convention. Stuttgart the 27 of July, 1868.
(SEAL.] GEO. BANCROFT.
Done at Stuttgart the 27. July, 1868. The undersigned met to day to sign the treaty agreed upon, in conformity with their respective full powers, relating to the citizenship of those persons, who emigrate from the United States of America to Wurttemberg and from Wurttemberg to the United States of America; on which occasion the following observations, more exactly defining and explaining the contents of this treaty were entered in the following protocol.
I.--Relating to the first article of the treaty: 1) It is of course understood that not the naturalization alone, but a five years' uninterrupted residence is also required, before a person can be regarded as coming within the treaty; but it is by no means requisite, that the five years' residence should take place after the naturalization.
Yet it is hereby agreed, that, if citizens of the one state become legally naturalized in the other state before they have resided there five years, the persons so naturalized from the moment of their naturalization, have to exercise all civil rights and are liable to all civil duties in the state into which they have been adopted.
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: On the side of Wurttemberg, it is agreed that all former Wurtembergers, who under the first article of this treaty are to be held as American citizens may. whether they have emigrated before or after the age of liability to military serv: ice, return to their original country, free from military duties and penalties and with a claim to the delivery of the property which may have been sequestered, with the exception of those Wurttemberg emigrants liable to military duty who have taken to fight:
1) After their enrolment in the active army and before their discharge from the same, or
2) after they
a) have been called into service with the class of their age or on occasion of placing the military force on a war footing, or
b) have been present at a muster and been designated as a part of the contingent.
III.-- Relating to the fourth article of the treaty It is agreed that the fourth article shall not receive the interpretation, that the naturalized citizen of the one state who returns to the other state, his original country, and there takes up his residence, does by that act alone recover his former citizenship; nor can it be assumed, that the state to which the emigrant originally belonged, is bound to restore him at once to his original relation. On the contrary it is only intended to be declared; that the emigrant so return. ing, is authorized to acquire the citizenship of his former country, in the same manner as other aliens in conformity to the laws and regulations which are there established. 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. With regard to this choice, after a two years' residence in his original country he is bound if so requested by the proper authorities, to make a distinct declaration, upon which these authorities can come to a decision as the case may be, with regard to his being received again into citizenship or his further residence in the manner prescribed by law.
(SEAL.) GEO. BANCROFT.