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his residence iu the United Slates, without the intent to return to Bavaria, he shall be held to have renounced his naturalization in Bavaria'. 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 expiration of co„- change of ratifications, and shall continue in force for ten TMiioa. 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 iu force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention.
The present convention shall be ratified by His Majesty the King of Bavaria and by the President, by and with the advice and i, c»t„„,.. consent of the Senate of the United States, and the ratifications shall be exchanged at Munich within twelve months from the date thereof. •
In faith whereof the Plenipotentiaries have signed and sealed this convention. Munich, the 2()thyiay, 1868.
Done at Munich the 26th May, 1868.
The undersigned met to-day to sign the* treaty agreed upon in conformity with their respective full powers, relating to the citi'zenship of those persons who emigrate from Bavaria to the
United States of America, and from the United States of America to Bavaria; on which occasion the following observations, more exactly defining and explaining the contents of this treaty, were entered in the following protocol:
RELATING TO THE FIRST ARTICLE OF THE TREATY.
1. Inasmuch as the copulative "aud"is made use of, it follows, of
course, that not the naturalization alone, but an additional
VVhiit in required n * • A i_i .-I • ■ J \ j»
Io .on.mui., a n«tu- five years' uninterrupted residence is 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 talce plac* after the naturalization. It is hereby further understood that if a Bavarian has been discharged from his Bavarian indigenate, or, on the other side, if an American has been discharged from his American citizenship in the manner legally prescribed by the Government of his original country, and then acquires naturalization in the other country in a rightful and perfectly valid manner, then an additional five years' residence shall no longer be required, but a person so naturalized shall from the moment of his naturalization be held and treated as a Bavarian, and reciprocally as an American citizen.
2. The words "resided uninterruptedly" are obviously to be understood, not of a continued bodily presence, but in the legal sense, and therefore a transient absence, a journey, or the like, by no R„ldPn„, „,„„. means interrupts the period of live years contemplated by TMofthe first article.
RELATING TO THE SECOND ARTICLE OF THE TREATY.
1. It is expressly agreed that a person who, under the first article, is'to be held as an adopted citizen of the other State, on his N„ punl»limeB1 tar returu to his original country cannot be made punishable <m<'TMi'"<<for the act of emigration itself, not even though at a later day he should have lost his adopted citizenship.
RELATING TO ARTICLE FOUR OF THE TREATY.
1. It is agreed on both sides that the regulative powers granted to the two Governments respectively by their laws for protec- n,,hu „ ,„ mi. tion against resident aliens, whose residence endangers ,1TMt"liTM" peace and order in the laud, are not affected by the treaty. In particular the regulation contained in the second clause of the tenth article of the Bavarian military law of the 30th of January, 1S68, according to which Bavarians emigrating from Bavaria before the fulfillment of their military duty cannot be admitted to a permanent residence in the land till they shall have become thirty-two years old, is uot affected by the treaty. But yet it is established and agreed, that by the ■■PCTnii,„nt mi. expression "permanent residence?' used in the said article, i'°c""
the above described emigrants are not forbidden to undertake a journey to Bavaria for a less period of time and for definite purposes, and the royal Bavarian Government moreover cheerfully declares itself ready, hi all cases in which the emigration has plainly taken place in good faith, to allow a mild rule in practice to be adopted.
2. It is hereby agreed that when a Bavarian naturalized iu America, and reciprocally an American naturalized in Bavaria, takes ,t„ ,„.„,. of fonB. np his abode once more in his original country without the intention of return to the country of his adoption, he does by no means thereby recover his former citizenship; on the contrary, iu so far as it relates to Bavaria, it depends on His Majesty the King whether he will or will not in that event grant the Bavarian citizenship anew.
The article fourth shall accordingly have only this meaning, that the adopted country of the emigrant cannot prevent him from acquiring once more his former citizenship; but not that the State to which the emigrant originally belonged is bound to restore him at once to his original relation.
On the contrary, the citizen naturalized abroad must first apply to be received back into his original country in the manner prescribed by its laws and regulations, and must acquire citizenship anew, exactly like any other alien.
Bnt yet it is left to his own free choice whether he will adopt that coarse or will preserve the citizenship of the country of his adoption.
The two Plenipotentiaries give each other mutually the assurance that their respective Governments in ratifying this treaty will also regard as approved and will maintain the agreements and explanations contained in the present protocol, without any further formal ratification of the same.
TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF THE BELGIANS, CONCLUDED NOVEMBER 10, 1845; RATIFICATIONS EXCHANGED MARCH 30, 1846; PROCLAIMED MARCH 31, 184o!
[The operation of this treaty terminated August 20, 1H."V8, by force of notice given by the Belgian Government in accordance with Article XIX.]
The United States of America oil tbe one part, and His Majesty the King of the Belgians on the other part, wishing to regulate in a formal manner their reciprocal relations of commerce anil navigation, and farther to strengthen, through the development of their interests respectively, the bonds of friendship and good understanding so happily established between the Governments and people of the two countries; and desiring, with this view, to conclude, by common agreement, a treaty establishing conditions equally advantageous to the commerce and navigation of both States, have, to that effect, appointed as their Plenipotentiaries, namely:
The President of the UniteiStates, Thomas G. Clemson, Charge d'Afs o^tor- faires of the United States of America to His Majesty the King of the Belgians; and His Majesty the King of the Belgians, M. Adolphe Dechamps, Officer of the Order of Leopold, Knight of the Order of the lied Eagle of the first class, Grand Cross of the Order of St. Michael of Bavaria, his Minister for Foreign Affairs, a member of the Chamber of Representants;
Who, after having communicated to each other their full powers, ascertained to be in good and proper form, have agreed and concluded the following articles:
There shall be full and entire freedom of commerce and navigation F^dom of rom- between the inhabitants of the two countries; and the same security and protection which is enjoyed by the citizens or subjects of each country shall be guaranteed on both sides. The said inhabitants, whether established or temporarily residing within any ports, cities, or places whatever, of the two countries, shall not, on account of their commerce or industry, pay any other or higher duties, taxes, or imposts, than those which shall be levied on citizens or subjects of the country in which they may be; and the privileges, immunities, and other favors, with regard to commerce or industry, enjoyed by the citizens or subjects of one of the two States, shall be common to those of the other.
Belgian vessels, whether coming from a Belgian or a foreign port, No d,«:rimin,tion shall not pay, either on entering or leaving the ports of the into.wduiia.ic. United States, whatever may be their destination, any
* Vol. VIII, Statutes at Largo, p. 600 et seq.
other or higher duties of tonnage, pilotage, anchorage, buoys, lighthouses, clearance, brokerage, or generally other charges whatsoever than are required from vessels of the United States in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to those levied for the benefit of provinces, cities, countries, districts, townships, corporations, or any other division or jurisdiction, whatever may be its designation.
Reciprocally, vessels of the United States, whether coming from a port of said States or from a foreigu port, shall not pay, either on entering or leaving the ports of Belgium, whatever may be their destination, any other or higher duties of tonnage, pilotage, anchorage, buoys, light-houses, clearance, brokerage, or generally other charges whatever than are required from Belgian vessels in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to those levied for the benefit of provinces, cities, countries, districts, townships, corporations, or any other division or jurisdiction, whatever may be its designation.
The restitution by Belgium of the duty levied by the Government of the Netherlands on the navigation of the Scheldt, in vir- R..tit»«,..^ tue of the third paragraph of the ninth article of the treaty s',"'ldt>','t>, of April nineteenth, eighteen hundred and thirty-nine, is guaranteed to the vessels of the United States. .
Steam vessels of the United States and of Belgium, engaged in regular navigation between the United States and Belgium, shall be exempt in both countries from the payment of du- iK-i^mpaTM'TM ties of tonnage, anchorage, buoys, and light-houses.
As regards the coasting trade between the ports of either country, the vessels of the two nations shall be treated on both sides' on the same footing with the vessels of the most favored nations.
Articles of every description, whether proceeding from the soil, industry, or warehouses of Belgium, directly imported there- D„,;„ „„ dirr,.t from/into the ports of the United State's, in Belgian ves- iraporl*sels, shall pay no other or higher duties of import than if they were imported under the flag of said States.
And reciprocally, articles of every description directly imported into Belgium from the United States, under the flag of the said States, shall pay no other or higher duties than if they were imported under the Belgian flag.
It is well understood:
1st. That the goods shall have been really put on board in the ports from which they are declared respectively to come.
2d. That a putting-in at an intermediate port, produced by uncontrollable circumstances, duly proved, does not occasion the forfeiture of the advantage allowed to direct importation.
Art icles of every description, imported into the United States from Datie. <m direct other countries than Belgium, under the Belgian flag, shall pay no other or higher duties whatsoever than if they had .been imported under the flag of the most favored foreign nation, other than the flag of the country from which the importation is made. And reciprocally, articles of every description imported under the flag of the United States into Belgium, from other countries than the United States, shall pay no other or higher duties whatsoever than if they had been imported under the flag of the foreign nation most favored, other than that of the country from which the importation is made.
Articles of every description, exported by Belgian vessels, or by those of the United States of America, from the ports of either K.port aw,. country ^0 any country whatsoever, shall be subjected to no other duties or formalities than such as are required for exportation under the flag of the country where the shipment is made.
All premiums, drawbacks, or other favors of like nature, which may be allowed in the States of either of the contracting parties, k^kTM""*"'*' ior°".' upon goods imported or exported in national vessels, shall be likewise, and in the same manner, allowed upon goods imported directly from one of the two countries by its vessels into the other, or exported from one of the two countries by the vessels of the other to any destination whatsoever.
The preceding article is, however, not to apply to the importation import,tTM, or of salt, and of the produce of the national fisheries; each .»», *c 0f tue tw0 pai-ties reserving to itself the faculty of grant
ing special privileges for the importation of those articles under its own flag.
The high contracting parties agree to consider and to treat as Belgian vessels, and as vessels of the United States, all those T»S"°TMrM !. which, being provided by the competent authority with a ■roor »«t.ona .t,. pagSp0r^ sea-letter, or any other sufficient document, shall be recognized conformably with existing laws as national vessels in the country to which they respectively belong.
Belgian vessels and those of the United States may, conformably with the laws of the two countries, retain on board, in the ports «rl^Tr""JTM»«TM of both, such parts of their cargoes as may be destined for a foreign country; and such parts shall not be subjected, either while they remain on board, or upon reexportation, to any charges whatsoever other than those for the prevention of smuggling.
'During the period allowed by the laws of the two countries respectively w.,.h...o for the warehousing of goods, no duties, other than those of watch and storage, shall be levied upon articles brought