Imágenes de páginas
PDF
EPUB

"This article shall apply as well to those already naturalized in either country as those hereafter naturalized."

ARTICLE II.-(Offences committed before emigration.)—“ 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 limitations established by the laws of his original country."

ARTICLE III. (Former convention for extradition of fugitives from justice extended.)" The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part, and Prussia and other States of Germany on the other part, the sixteenth day of June, one thousand eight hundred and fifty-two, is hereby extended to all the States of the North German Confederation."

ARTICLE IV. (Renunciation of citizenship.)-" If a German naturalized in America renews his residence in North Germany, 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 North Germany renews his residence in the United States, without the intent to return to North Germany, he shall be held to have renounced his naturalization in North Germany. 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 V. (Duration of convention.)-"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."

ARTICLE VI.-(Ratifications.)—“The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by His Majesty the King of Prussia, in the name of the North German Confederation; and the ratifications shall be exchanged at Berlin within six months from the date hereof.

"In faith whereof, the Plenipotentiaries have signed and sealed this convention.

"Berlin, the 22d of February, 1868.

"GEORGE BANCROFT.

"BERNHARD KOENIG."

GREAT BRITAIN, 1870.

CONVENTION RELATIVE TO NATURALIZATION.

Concluded May 13, 1870. Ratifications exchanged at London, August 10, 1870. Proclaimed September 16, 1870.

ARTICLE I.-(Citizens of either country naturalized in the other)." Citizens of the United States of America who have become, or shall become, and are naturalized according to law within the British dominions as British subjects, shall, subject to the provisions of Article II., be held by the United States to be in all respects and for all purposes British subjects, and shall be treated as such by the United States.

"Reciprocally, British subjects who have become, or shall become, and are naturalized according to law within the United States of America as citizens thereof shall, subject to the provisions of Article II., be held by Great Britain to be in all respects and for all purposes citizens of the United States, and shall be treated as such by Great Britain."

ARTICLE II. (Renunciation of naturalization.)" Such citizens of the United States as aforesaid who have become and are naturalized within the dominions of Her Britannic Majesty as British subjects, shall be at liberty to renounce their naturalization and to resume their nationality as citizens of the United States, provided that such renunciation be publicly declared within two years after the exchange of the ratifications of the present convention.

"Such British subjects as aforesaid who have become and are naturalized as citizens within the United States, shall be at liberty to renounce their nautralization and to resume their British nationality, provided that such renunciation be publicly declared within two years after the twelfth day of May, 1870.

"The manner in which this renunciation may be made and publicly declared shall be agreed upon by the Governments of the respective countries."

ARTICLE III." A naturalized citizen renewing his residence in his original country may be restored to citizenship there, and no claim shall be made for him by the country of his former naturalization."

ARTICLE IV.-Ratification, etc.

"JOHN LOTHROP MOTLEY.

"CLARENDON."

AUSTRIA-HUNGARY, 1870.

CONVENTION CONCERNING NATURALIZATION.

Concluded September 20, 1870. Ratifications exchanged at Vienna, July 14, 1871. Proclaimed August 1, 1871.

ARTICLE II. (Offences committed before emigration-Violation of military laws.)—" 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 committed before his emigration, saving always the limitation established by the laws of his original country and any other remission of liability to punishment.

"In particular, a former citizen of the Austro-Hungarian Monarchy, who, under the first article, is to be held as an American citizen, is liable to trial and punishment, according to the laws of Austria-Hungary, for non-fulfilment of military duty 1st, If he has emigrated, after having been drafted at the time of conscription, and thus having become enrolled as a recruit for service in the standing army, 2d, If he has emigrated whilst he stood in service under the flag, or had a leave of absence only for a limited time; 3d, 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 a war has broken out. On the other hand, a former citizen of the Austro-Hungarian Monarchy, naturalized in the United

States, who by, or after, his emigration has transgressed the legal provisions on military duty by any acts or omissions other than those above enumerated in the clauses numbered one, two, and 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."

ARTICLE III.-(Treaties of 3d July, 1856, and 8th May, 1848, remain in force.)-" The convention for the mutual delivery of criminals, fugitives from justice, concluded on the 3d July, 1856, between the Government of the United States of America on the one part, and the Austro-Hungarian Monarchy on the other part, as well as the additional convention, signed on the 8th May, 1848, to the treaty of commerce and navigation concluded between the said Governments on the 27th of August, 1839 [1829], and especially the stipulations of Article IV. of the said additional convention concerning the delivery of the deserters from the ships of war and merchant-vessels, remain in force without change."

ARTICLE IV. (Renunciation of citizenship.)—" The emigrant from the one State, who, according to Article I. 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 require it, and renounce the citizenship obtained by naturalization, such a renunciation is allowable, and no fixed period of residence shall be required for the recognition of his recovery of citizenship in his original country."

ARTICLE V.-The treaty shall continue in force for ten years, and thereafter until a notice to terminate it. ARTICLE VI.-Ratifications.

"JOHN JAY

66 BENST." 1

Other conventions concerning naturalization have been concluded with Bavaria, 1868; Baden, 1868; Belgium, 1868; Denmark, 1872; Ecuador, 1872; Hesse, 1868; Mexico, 1868; Sweden and Norway, 1869; and Würtemberg, 1868.

In the fourth article of the treaty with Mexico, it is agreed that "the intent not to return may be held to exist when the person naturalized in the one country resides in the other country more than two years, but this presumption may be rebutted by evidence to the contrary."

CONVENTIONS

VIII.

CONCERNING DROIT D'AU

BAINE; TRADE-MARKS; INDUSTRIAL
PROPERTY; SUBMARÍNE CABLES.

DROIT D'AUBAINE.

Conventions for the mutual abolition of the droit d'aubaine and taxes on emigration have been concluded by the United States with Bavaria, The Grand Duchy of Hesse, Nassau, Saxony, Swiss Confederation, and Würtemberg. Similar provisions are also found in several general treaties.

"The municipal laws of all European countries formerly prohibited aliens from holding real property within the territory of the State. During the prevalence of the feudal system, the acquisition of property in land involved the notion of allegiance to the prince within whose dominions it lay, which might be inconsistent with that which the proprietor owed to his native sovereign. It was also during the same rude ages that the jus albinagii or droit d'aubaine was established; by which all the property of a deceased foreigner (movable and immovable) was confiscated to the use of the State, to the exclusion of his heirs, whether claiming ab intestato, or under a will of the decedent. In the progress of civilization, this barbarous and inhuman usage has been, by degrees, almost entirely abollished. This improvement has been accomplished either by municipal regulations, or by international compacts founded upon the basis of reciprocity. ***

"The analogous usage of the droit de détraction (jus detractus) by which a tax was levied upon the removal from one State to another of property acquired by succession or testamentary disposition, has also been reciprocally abolished in

« AnteriorContinuar »