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BREMEN, LUBEC, AND HAMBURG. (See Hanseatic Republics.)

BRUNSWICK AND LÜNEBURG.

BRUNSWICK AND LÜNEBURG, 1854.

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE DUKE OF BRUNSWICK AND LÜNEBURG, CONCLUDED AUGUST 21, 1854; RATIFICATIONS EXCHANGED JULY 28, 1855; PROCLAIMED JULY 30, 1855.

[The duchy of Brunswick and Lüneburg became a State of the North German Union by the constitution of the latter, which took effect July 1, 1867, and which conferred the power of making treaties upon the King of Prussia. (See opinion of Attorney General Evarts, August 19, 1868; 12 Opinions of Attorneys General, 463.)]

Preamble.

The President of the United States of America and His Highness the Duke of Brunswick and Lüneburg, animated by the desire to secure and extend by an amicable convention the relations happily existing between the two countries, have, to this effect, appointed as their Plenipotentiaries, to wit:

The President of the United States of America, William L. Marcy, Secretary of State of the United States; and His Highness the Duke of Brunswick and Lüneburg, Dr. Julius Samson, his said Highness' Consul at Mobile, Alabama;

Negotiators.

Who, after the exchange of their full powers, found in good and due form, have agreed upon and signed the following articles:

Right of owning

erty.

ARTICLE I.

The citizens of each one of the high contracting parties shall have power to dispose of their personal property, within the and disposing of prop jurisdiction of the other, subject to the laws of the State or country where the domicil is, or the property is found, either by testament, donation, or ab intestato, or in any other manner; and their heirs, being citizens of the other party, shall inherit all such personal estates, whether by testament or ab intestato, and they may take possession of the same, either personally or by attorney, and dispose of them as they may think proper, paying to the respective Governments no other charges than those to which the inhabitants of the country in which the said property shall be found would be liable in à similar case; and in the absence of such heir or heirs the same care shall be taken of the property that would be taken in the like case for the preservation of the property of a citizen of the same country, until the lawful proprietor shall have had time to take measures for possessing himself of the same; and in case any dispute

Absent heirs.

should arise between claimants to the same succession, as to the property thereof, the question shall be decided according to the laws, and by the judges, of the country in which the property is situated.

ARTICLE II.

Devisees or heirs

If by the death of a person owning real property in the territory of one of the high contracting parties such property should descend, either by the laws of the country or by testa- of real estate. mentary disposition, to a citizen of the other party, who, on account of his being an alien, could not be permitted to retain the actual possession of such property, such term as the laws of the State or country will permit shall be allowed to him to dispose of such property, and collect and withdraw the proceeds thereof, without paying to the Government any other charges than those which, in a similar case, would be paid by an inhabitant of the country in which such real property may be situated.

ARTICLE III.

The present convention shall be in force for the term of twelve years from the date hereof; and further until the end of twelve Duration of this months after the Government of the United States on the conventions. one part, or that of His Highness the Duke of Brunswick and Lüneburg on the other, shall have given notice of its intention of terminating the

same.

This convention shall be ratified, and the ratifications shall be exchanged at Washington, within twelve months after its

date, or sooner if possible.

Ratifications.

In faith whereof the respective Plenipotentiaries have signed the present convention, and have thereunto affixed their seals.

Done at Washington this twenty-first day of August, in the year of our Lord one thousand eight hundred and fifty-four, and of the Independence of the United States the seventy-ninth.

[L. S.
[L. S.]

W. L. MARCY.

JULIUS SAMSON.

CENTRAL AMERICA.

CENTRAL AMERICA, 1825.

GENERAL CONVENTION OF PEACE, AMITY, COMMERCE, AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE FEDERATION OF THE CENTRE OF AMERICA, CONCLUDED DECEMBER 5, 1825; RATIFICATIONS EXCHANGED AUGUST 2, 1826; PROCLAIMED OCTOBER 28, 1826.

[This treaty, as respects commerce and navigation, expired by its own limitation on the 2d of August, 1838, and for the rest by the dissolution of the Federation in 1847-'48.]

The United States of America and the Federation of the Centre of America, desiring to make firm and permanent the peace and friendship which happily prevail between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty, or general convention of peace, friendship, commerce, and navigation.

For this most desirable object, the President of the United States of America has conferred full powers on Henry Clay, their Negotiators. Secretary of State; and the Executive Power of the Federation of the Centre of America on Antonio José Cañas, a Deputy of the Constituent National Assembly for the Province of San Salvador, and Envoy Extraordinary and Minister Plenipotentiary of that Republic near the United States;

Who, after having exchanged their said full powers in due and proper form, have agreed to the following articles:

ship.

ARTICLE I.

There shall be a perfect, firm, and inviolable peace and sincere friendPeace and friend ship between the United States of America and the Federation of the Centre of America, in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places.

ARTICLE II.

The United States of America and the Federation of the Centre of America, 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 III.

The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity,

Freedom of inter

course.

mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there, in all kinds of produce, manufactures, and merchandise; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages there established to which native citizens are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws.

ARTICLE IV.

Further agreement with regard to the produce, &c., of each

They likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be, from time to time, lawfully imported into the United States in their own vessels, may be also imported in vessels of the Federation other. of the Centre of America; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And in like manner that whatever kind of produce, manufactures, or merchandise of any foreign country can be, from time to time, lawfully imported into the Central Republic, in its own vessels, may be also imported in vessels of the United States, and that no higher or other duties upon the tonnage of the vessel, or her cargo, shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And they further agree that whatever may be lawfully exported or reëxported from the one country in its own vessels to any foreign country may, in like manner, be exported or reëxported in the vessels of the other country. And the same bounties, duties, and drawbacksshall be allowed and collected, whether such exportation or reexportation be made in vessels of the United States or of the Central Republic.

ARTICLE V.

Duties.

No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufactures of the Federation of the Centre of America, and no higher or other duties shall be imposed on the importation into the Federation of the Centre of America of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles, being the produce or manufactures of any other foreign country; nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States or to the Federation of the Centre of America, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufactures of the United States or of the Federation of the Centre of America, to or from the territories of the United States or to or from the territories of the Federation of the Centre of America, which shall not equally extend to all other nations.

ARTICLE VI.

It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens, of both countries, to manage, themselves, their own business, in all the ports

Further agreement.

and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; they being, in all these cases, to be treated as citizens of the country in which they reside, or at least to be placed on a footing with the subjects or citizens of the most favored nation.

Embargo, &c.

ARTICLE VII.

The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandise, or effects for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification.

Protection to be

each other.

ARTICLE VIII.

Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or Riven to citizens of dominions of the other, with their vessels, whether merchant or of war, public or private, through stress of weather, pursuit of pirates, or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind.

rates.

ARTICLE IX.

All the ships, merchandise, and effects belonging to the citizens of Captures by pi- One of the contracting parties, which may be captured by pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving in due and proper form their rights before the competent tribunals; it being well understood that the claim should be made within the term of one year by the parties themselves, their attorneys, or agents of the respective Governments.

Wrecks.

ARTICLE X.

When any vessel belonging to the citizens of either of the contracting parties shall be wrecked, foundered, or shall suffer any damage on the coasts, or within the dominions of the other, there shall be given to them all assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the damage happens, permitting them to unload the said vessel, if necessary, of its merchandise and effects, without exacting for it any duty, impost, or contribution whatever, until they may be exported.

'Personal goods.

ARTICLE XI..

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,

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