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CONVENTION WITH BAVARIA, CONCLUDED JANUARY 21, ld45; RATIFICATIONS EXCHANGED AT BERLIN NOVEMBER 4, l«1.1; PROCLAIMED AUGUST 16, 1846.
Convention for the mutual abolition of the droit' (Vaubainc and taxes on emigration between the United States of America and Jlis Majesty the King of Bar aria.
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'anbaine and taxes on emigration, have named, for this purpose, their respective Plenipotentiaries, namely:
The Presiderit«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-Kcefering, 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 tke 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'anbaine, droit de retraite, and droit de detraction or tax on emigration, is hereby, and shall remain, abolished Abolition »r droit between the two contracting parties, their States, citizens, onL^'on. 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, e'",*"re."l"rop*'r,) 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, and exempt from all duties oidttraction.
Article III. /
The citizens or subjects of each, of the contracting parties shall 'have cMzrm or power to dispose of their (real and*) personal property toh".^fpo^toS within the States of the other, by testament, donation, or ^rtJmXSX! otherwise; and their heirs, legatees, and donees, being oriheother, to. citizens or subjects of the other contracting party, shall succeed to their said (real and*) personal property, aud may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their pleasure, paying sucli duties only as the inhabitants of the country where the said property lies shall be liable to pay in like cases.
Tn case of the absence of the heirs, the same care shall be taken rropert, f,r»b.cM 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 II, may take measures to receive or dispose of the inheritance.
If any dispute should arise between different claimants to the same D„P,m» cmon,- inheritance, they shall be decided in the last resort accord„«Mwiunr.. jDg 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, rXT^miratioo by Ilis Majestv the King of Bavaria, to prevent the emigration ot his subjects.
This convention is concluded subject to the ratification of the Presii to (*ent ot tne United States of America, by and with the ad-vice 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 mouths 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 sixtyninth year of the independence of the United States of America, and the nineteenth of the reign of His Majesty the King of Bavaria.
L s.l 'HENKY WIIEATON.
L. s.J GKAF v. LERCHENFELD.
* The 'wor.ls iu parenthoe '8 nre, in the original treaty, encircled in 10 1 ink.
EXTRADITION CONVENTION WITH BAVARTA, CONCLUDED SEPTEMBER 12, M53; RATIFICATIONS EXCHANGED AT LONDON NOVEMBER 1, 1854; PROCLAIMED NOVEMBER 1*, 1854.
Tbe 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 destiued 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 c,r*rm «» «i* foreign court of justice, a strict reciprocity requires that ,u"",J<,ro'1the Government of the-United States shall be held equally free from auy 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:
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 evidence of- criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person
* Vol. X, Statutes at Large, p 1022 et teq.
so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.
, Article II.
The stipulations of this convention shall be applied to any other State ot^r c-rn.an of the German Confederation which may hereafter declare su>t*.. its accession thereto.
None of the contracting parties shall be bound to deliver up its own cu»en. not toi* citizens or subjects under the stipulations of this conven
Whenever any person accused of any of the crimes enumerated iu KitnuiMonofpcr this convention shall have committed a new crime iu the "mec.°o"hTMsLVe"i<> territories of the State where he has sought an asylum or which ihWh.,en«i. sj,a]i j)e founds sucii person .shall nqt be delivered up under the stipulations of this convention until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof.
The present convention shall continue in force until the hist of JauDur.t.on of th» uary, one thousand eight hundred and fifty-eight; and if co.venti.^- neither party shall have given to the other six months' preA-ious 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; each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and fifty-eight.
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 the Government of Bavaria, and the ratifications shall be exchanged in London within fifteen months from the date hereof, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed' this convention and have hereunto affixed their seals.
Done in duplicate, in London, the twelfth day of September, one thousand eight hundred and fifty-three, and the seventy-eighth year of the independence of the United States.
TREATY BETWEEN THE UNITED STATES AND THE KING OF BAVARIA— CONCERNING THE CITIZENSHIP OF EMIGRANTS—CONCLUDED AT MUNICH MAY 26, 1868; RATIFICATIONS EXCHANGED SEPTEMBER 18, 18C8; PROCLAIMED OCTOBER 8, 1868.
His Majesty the King of Bavaria and the President of the United States of America, led by the wish to regulate the citizen- Frrtmt,,r ship of those persons who emigrate from Bavaria to the United States of America, and from the United States of America to the territory of the Kingdom of Bavaria, have resolved to treat on this subject, and have, for that purpose, appointed Plenipotentiaries to conclude a convention, that is to say;
His Majesty the King of Bavaria, Dr. Otto, Baron of Vblderndorff, Councillor of Ministry; and the President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary;
Who have agreed to and signed the following articles:
Citizens of Bavaria who have become, or shall become, naturalized citizens of the United States of America, and shall have Ciii*-n.of B.».. resided uninterruptedly within the United States for five 'S,TM"f"rbu^ years, shall be held by Bavaria 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 Bavaria, and shall have resided uninterruptedly within Bavaria five years, shall be held by the United States to be Bavarian citizens, and shall be treated as such.
The declaration of an intention to become a citizen of the one or the ether 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 o^,*, commuted an action punishable by the laws of his original country, "»«>"'«■"'«'•"»■'• and committed beforeliis 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 the United States on theone part, and Bavaria on the other part, the twelfth "°° day of September, eighteen hundred and fifty-three, remains in force without change.
If a Bavarian, naturalized in America, renews his residence in Bavaria, without the intent to return to America, he shall be ^^^.tio. er held to have renounced his naturalization in the United States. Reciprocally, if an American, naturalized in Bavaria, renews
* Vol. XVI, Statutes at Large, p. (kit et seq.