thereto, be regarded as aliens." (United States Statutes at Large, vol. VIII, p. 122.)

[This article was one of those declared by the treaty to be permanent, but the question was raised in both countries as to the effect of the war of 1812 upon it.

The English Court of Chancery held that American citizens who held land in Great Britain, at the time of the conclusion of the treaty, are at all times, and notwithstanding the intervention of war, to be considered as regards those lands, not as aliens, but as native subjects of the crown of Great Britain. (Russell and Milne's Reports, vol. I, p. 663, Sutton v. Sutton.)

The same principle was maintained by the Supreme Court of the United States (Wheaton's Reports, vol. VIII, p. 464; The Society for the Propagation of the Gospel in Foreign Parts v. The Town of New Haven.]

II.

FRANCE.

(1) The Treaty of Commerce with France, concluded February 6, 1778, and consequently before the adoption of the Constitution, provides that "the subjects and inhabitants of the United States, or any of them, shall not be reputed aubains in France, and consequently shall be exempted from the droit d'aubaine or other similar duty. They may by testament, donation, or otherwise, dispose of their goods, movable and immovable, in favor of such persons as to them shall seem good, and their heirs, subjects of the United States, whether residing in France or elsewhere, may succeed them ab intestato, without being obliged to obtain letters of naturalization, and without having the effect of this concession contested or impeded under pretext of any rights or prerogatives of provinces, cities or private persons; and the said heirs, whether such by particular title or ab intestato, shall be exempt from all duty called droit de detraction, or other duty of the same kind, saving, nevertheless, the local rights or duties as such, and as long as similar ones are not established by the United States, or any of them. The subjects of the Most Christian King shall enjoy, on their part, in all the dominions of the said States, an entire and perfect reciprocity relating to the stipulations contained in the present article. This article was not to affect laws against emigration.

This treaty was repealed by act of Congress, or declared so to be, February 6, 1778. (United States Statutes at Large, vol. VIII, p.

(2.) The Convention with the French Republic, Sept. 30, 1800, provides:

ARTICLE VII.

"The citizens and inhabitants of the United States shall be at liberty to dispose by testament, donation, or otherwise, of their goods movable and immovable, holden in the territory of the French Republic in Europe, and the citizens of the French Republic shall have the same liberty with regard to goods, movable and immovable, holden in the territory of the United States, in favor of such persons as they shall think proper. The citizens and inhabitants of either of the two countries, who shall be heirs of goods, movable or immovable, in the other, shall be able to succeed ab intestato, without being obliged to obtain letters of naturalization, and without having the effect of this provision contested or impeded, under any pretext whatever; and the said heirs, whether such by particular title, or ab intestato, shall be exempt from any duty whatever in both countries. It is agreed that this article shall in no manner derogate from the laws which either State may now have in force, or hereafter may enact, to prevent emigration; and also that in case the laws of either of the two States should restrain strangers from the exercise of the rights of property with respect to real estate, such real estate may be sold, or otherwise disposed of, to citizens or inhabitants of the country where it may be, and the other nation shall be at liberty to enact similar laws." (United States Statutes at Large, vol. VIII, p. 182.)

[This treaty was limited to eight years from the exchange of ratification, July 31, 1801, and has consequently expired, but it has been held by the Supreme Court of the United States, that the provision in relation to the descent of lands in the treaty was not affected by this limitation; that a right once vested does not require, for its preservation, the continued existence of the power by which it was acquired. If a treaty, or any other law, has performed its office by giving a right, the expiration of the treaty or the law cannot extinguish the right. (Wheaton's Reports, vol. II, p. 277, Chirac v. Chirac.]

(3) By the treaty of Feb. 23d, 1853, with the Emperor of the French, Article VII, it is stipulated:

"In all the States of the Union, whose existing laws permit it, so long and to the same extent as the said laws shall remain in force, Frenchmen shall enjoy the right of possessing personal and real prop

erty by the same title and in the same manner as the citizens of the United States. They shall be free to dispose of it as they may please, either gratuitously, or for value received, by donation, testament, or otherwise, just as those citizens themselves; and in no case shall they be subject to taxes on transfer, inheritance, or any others different from those paid by the latter, or to taxes which shall not be equally imposed.

"As to the States of the Union, by whose existing laws aliens are not permitted to hold real estate, the President engages to recommend to them the passage of such laws as may be necessary for the purpose of conferring this right.

"In like manner, but with the reservation of the ulterior right of establishing reciprocity in regard to possession and inheritance, the government of France accords to the citizens of the United States the same rights within its territory in respect to real and personal property, and to inheritance, as are enjoyed there by its own citizens." (United States Statutes at Large, vol. X, p. 996.)

III.

NETHERLANDS AND SWEDEN.

The treaty of Oct. 8, 1782, with the United Netherlands, Art. VI, authorizing the subjects of the contracting parties to dispose of their effects by testament, donation, or otherwise, contains terms as "heirs," which might technically apply to real estate, but it was not, it is believed, ever so understood. (United States Statutes at Large, vol. VIII, p. 36.)

The same remark holds as to the Treaty of April 3, 1783, with Sweden, Art. VI, concluded for fifteen years, and which provision has been twice renewed since the adoption of the Constitution, by Treaty of Sept. 4, 1816, Art. XII, and by Art. XVII, Treaty of July 4, 1827. The last treaty is still in force, it having been concluded for ten years, and to remain in force till after notice of twelve months. (Ib. vol. VIII, pp. 64, 240, 354.)

IV.
GERMANY.

(1) The treaty with Prussia, July, August, and September, 1785, Art. X, after providing for the personal property, contains the following stipulation: "And where, on the death of any person holding real

estate within the territories of the one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all rights of detraction on the part of the government of the respective States. But this article 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 Prussia, to prevent the emigration of his subjects."

This provision was included in terms in the Treaty of July 11, 1799, Art. X, the first treaty with Prussia after the adoption of the Constitution, and also in the Treaty of May 1, 1828, Art. XIV. It is still in force, the last treaty having been concluded for twelve years, but to be continued till after notice of twelve months. (United States Statutes at Large, vol. VIII, pp. 88, 166, 384.)

The other Treaties with German States are as follows:

(2) Convention with the Hanseatic Towns, Dec 20, 1827 :

The disposition in Art. VII as to real estate differs from the Prussian, as providing a definite period in which real estate is to be disposed of. It says: "If in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and exempt from all duties of detraction on the part of the government of the respective States." The treaty was for ten years, but to continue in force till after notice of twelve months. (Ib. vol. VIII, p. 370.)*

(3) The Treaty with Hanover, May 20, 1840. Art. VII has the same article in substance, except the clause as to emigration, as the treaty with Prussia. It was to continue for twelve years and till twelve months after notice to terminate it. (Ib. vol. VIII, p. 556.) The same provision is in the treaty of June 10, 1846, Art. X. (Ib. IX, p. 865.)

* See with regard to the two last treaties, the cases of the People v. Gerke, California Reports, Vol. V, p. 381, and that of Siamessan v. Bofer, ib. vol. VI, ib. p. 250, noticed on p. 46.)

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

ARTICLE II.

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, subject of the other, were he not dis qualified 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 detraction.

ARTICLE III.

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

*

ARTICLE IV.

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

ARTICLE V.

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

situated.

ARTICLE VI.

All the stipulations of the present Convention shall be obligatory in respect to property already inherited or bequeathed, but not yet

* [See Frederickson v. State of Louisiana, Howard's Reports, vol. XXIII, p. 446.]