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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 reExpense. ceives the fugitive.

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 German States.

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 BAVARIACONCERNING THE CITIZENSHIP OF EMIGRANTS—CONCLUDED AT MUNICH MAY 26, 1868; RATIFICATIONS EXCHANGED SEPTEMBER 18, 1868; PROCLAIMED OCTOBER 8, 1863.

Preamble.

His Majesty the King of Bavaria and the President of the United States of America, led by the wish to regulate the citizenship 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;

Negotiators,

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.

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 it, when to be held years, shall be held by Bavaria to be American citizens, and States, and riceversa. 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.

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 Offenses committed 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

Vol. XVI, Statutes at Large, p. 661 et seq.

his residence in the United States, 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.

Duration of convention.

ARTICLE V.

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.

The present convention shall be ratified by His Majesty the King of Bavaria and by the President, by and with the advice and Ratifications. 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 26th May, 1868.

[SEAL.

SEAL.

GEORGE BANCROFT.

DR. OTTO FHR. VON VÖLDERNDORFF.

Protocol.

PROTOCOL.

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:

I.

RELATING TO THE FIRST ARTICLE OF THE TREATY.

What required ralized citizen.

1. Inasmuch as the copulative "and" is made use of, it follows, of course, that not the naturalization alone, but an additional to constitute a natu- 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 take place 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 under

stood, not of a continued bodily presence, but in the legal sense, and therefore a transient absence, a journey, or the like, by no means interrupts the period of five years contemplated by the first article.

Residence, meaning of

II.

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 No punishment for return to his original country cannot be made punishable

emigration,

for the act of emigration itself, not even though at a later day he should have lost his adopted citizenship.

III.

RELATING TO ARTICLE FOUR OF THE TREATY.

Rights es to rest

1. It is agreed on both sides that the regulative powers granted to the two Governments respectively by their laws for protection against resident aliens, whose residence endangers dent aliens. peace and order in the land, 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, 1868, 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 not affected by the treaty. But yet it is established and agreed, that by the expression "permanent residence" used in the said article, dence." 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, in all cases in which the emigration has plainly taken place in good faith, to allow a mild rule in practice to be adopted.

"Permanent resi

2. It is hereby agreed that when a Bavarian naturalized in America, and reciprocally an American naturalized in Bavaria, takes

Recovery of form

up his abode once more in his original country without the er citizenship. intention of return to the country of his adoption, he does by no means thereby recover his former citizenship; on the contrary, in 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.

But yet it is left to his own free choice whether he will adopt that course 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.

[L. S.]

L. S.

GEORGE BANCROFT.

DR. OTTO FHR. VON VÖLDERNDORFF.

BELGIUM.

BELGIUM, 1845.*

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, 1846.

[The operation of this treaty terminated August 20, 1858, by force of notice given by the Belgian Government in accordance with Article XIX.]

The United States of America on the 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 and navigation, and further 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 United States, Thomas G. Clemson, Chargé d'Af faires of the United States of America to His Majesty the Negotiators. 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 Red 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:

merce.

ARTICLE I.

There shall be full and entire freedom of commerce and navigation Freedom of com- 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.

ARTICLE II.

Belgian vessels, whether coming from a Belgian or a foreign port, shall not pay, either on entering or leaving the ports of the in tonnage duties, &c. United States, whatever may be their destination, any

No discrimination

* Vol. VIII, Statutes at Large, p. 606 et seq.

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