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BAVARIA.

BAVARIA, 1845.*

CONVENTION WITH BAVARIA, CONCLUDED JANUARY 21, 1845; RATIFICATIONS EXCHANGED AT BERLIN NOVEMBER 4, 1845; PROCLAIMED AUGUST 16, 1846.

Convention for the mutual abolition of the droit d'aubaine and taxes on emigration between the United States of America and His Majesty the King of Bararia.

Preamble.

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:

Negotiators.

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-Kafering, his Chamberlain, Envoy Extraordinary and Minişter 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:

ARTICLE I.

Every kind of droit d'aubaine, droit de retraite, and droit de détraction or tax on emigration, is hereby, and shall remain, abolished Abolition of droit between the two contracting parties, their States, citizens, and subjects, respectively.

d'aubaine and taxes on emigration.

ARTICLE II.

Heirs to real property.

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, and exempt from all duties of détraction.

* Vol. IX, Statutes at Large, p. 826 et seq.

Citizens or to have power to dis

property in the States of the other, &c.

ARTICLE III.

The citizens or subjects of each of the contracting parties shall have Sub power to dispose of their (real and*) personal property jects of each party within the States of the other, by testament, donation, or pose of their personal otherwise; and their heirs, legatees, and donees, being citizens or subjects of the other contracting party, shall succeed to their said (real and*) 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.

heirs.

ARTICLE IV.

In case of the absence of the heirs, the same care shall be taken Property of absent 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.

Disputes concern

ARTICLE V.

If any dispute should arise between different claimants to the same inheritance, they shall be decided in the last resort according inheritances. ing to the laws, and by the judges, of the country where the property is situated.

ARTICLE VI.

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.

Bavarian laws to prevent emigration nt derogated.

Ratification.

ARTICLE VII.

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 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. S.]

HENRY WHEATON.
GRAF v. LERCHENFELD.

The words in parentheses are, in the original treaty, encircled in re 1 ink.

BAVARIA, 1853.*

EXTRADITION CONVENTION WITH BAVARIA, CONCLUDED SEPTEMBER 12, 1853; RATIFICATIONS EXCHANGED AT LONDON NOVEMBER 1, 1854; PROCLAIMED NOVEMBER 18, 1854.

Preamble,

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 surrendered. 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:

Citizens not to be

Negotiators.

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.

Extradition.

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 seq.

*

vidence.

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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.

Expense.

ARTICLE II.

The stipulations of this convention shall be applied to any other State of the German Confederation which may hereafter declare its accession thereto.

Other States.

German

ARTICLE III.

None of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention.

Citizens not to be delivered up.

ARTICLE IV.

Extradition of percrimes in the State to

Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the sons committing territories of the State where he has sought an asylum or which they have fled. shall be found, such person shall not 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.

convention.

ARTICLE V.

The present convention shall continue in force until the first of JanDuration of this uary, one thousand eight hundred and fifty-eight; and 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; 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.

ARTICLE VI.

The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, Ratifications. 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.

[L. S.]

[L. S.]

JAMES BUCHANAN.
AUG. DE CETTO.

BAVARIA, 1868.*

TREATY BETWEEN THE UNITED STATES AND THE KING OF BAVARIA-
CONCERNING THE CITIZENSHIP OF EMIGRANTS-CONCLUDED AT MU-
NICH MAY 26, 1868; RATIFICATIONS EXCHANGED SEPTEMBER 18, 1868;
PROCLAIMED OCTOBER 8, 1868.

Preamble.

His Majesty the King of Bavaria and the President of the United
States of America, led by the wish to regulate the citizen-
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 Völderndorff,
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:

ARTICLE I.

Negotiators.

Citizens of Bava

Citizens of Bavaria who have become, or shall become, naturalized citizens of the United States of America, and shall have resided uninterruptedly within the United States for five ria, when to be held years, shall be held by Bavaria to be American citizens, and States, and vice versa. shall be treated as such.

citizens of the United

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 other country has not for either party the effect of naturalization.

ARTICLE II.

Offenses 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 limitation established by the laws of his original country, or any other remission of liability to punishment.

ARTICLE III.

Convention of 1853.

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.

ARTICLE IV.

If a Bavarian, naturalized in America, renews his residence in Bavaria, without the intent to return to America, he shall be

Renunciation of

held to have renounced his naturalization in the United naturalization States. Reciprocally, if an American, naturalized in Bavaria, renews

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