withdrawn from the country where the same is situated at the signature of this Convention. (Ib. vol. VIII, p. 588.)

(5) The provisions in the Convention with Hesse- Cassel, March, 26, 1844, Articles I, II, III, IV, V and VI, are the same as to real estate," as in the Convention with Wurtemberg. (Ib. vol. IX, p. 818.)

(6) The same is the case as to the Convention with Bavaria, January 21, 1845, Articles I, II, IV, V, VI.* (Ib. vol. IX, p. 826.)

(7) Articles I, III, IV, V, VI, of the Convention with Saxony, May 14, 1845, are also the same, but the privileges in Art. II, in favor of alien heirs, in the other treaties, are extended to devisees by the insertion of the words "or where such real property has been devised by last will and testament to such citizen or subject." (Ib. vol. IX, p. 831.) (8) Convention with Nassau, May 28, 1846, Articles I, II, III, IV, V and VI, is also the same as the Wurtemberg treaty. (Ib. p. 849.)

(9) The Treaty with Mecklenburg-Schwerin, December 9, 1847, is declared to be an accession to the treaty of June 10, 1846, with Hanover, and has the same clause as that treaty. (Ib. vol. IX, p. 919.) There was also an accession to the treaty with Hanover by Oldenberg, March 10, 1847. (Ib. vol. IX, p. 868.)

(10) In the Convention with Brunswick-Luneberg, August 21, 1854 (Ib. vol. IX, p. 602), the phrase is, such time as the law of the country will permit for disposing of the real estate is accorded to those to whom such property would descend either by the laws of the country or by testamentary disposition.

V.

CONVENTIONS WITH SPAIN, THE SOUTH AMERICAN STATES, AUSTRIA,

RUSSIA, SARDINIA, PORTUGAL, &C.

1 The treaty with Spain of October 27, 1795, Art. XI, confirmed by Art. XII, treaty of February 22, 1819, has the same stipulation as the Prussian treaty as to real estate, excluding the clause as to emigration. (United States Statutes at Large, Vol. VIII, pp. 144, 262.)

(1a) The Convention with Colombia, Oct. 3, 1824, Article X, contains the following clause: "And 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 as aliens, there shall be

* By Art. III of the original treaty, &c., "the citizens or subjects of each of the contracting parties shall have power to dispose of their (real and) personal property within the States of the other," &c., and their heirs, &c., shall succeed to their said (real and) personal property." A note to the treaty, as published in the Statutes, says, "The words in parenthesis in the original treaty encircled in red." These words were stricken out by the Senate. (See Lawrence's Wheaton, ed. 1863, p. 167.)

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 rights of detraction on the part of the government of the respective States." This treaty was by its terms, Art. XXXI, for twelve years in all the parts relating to commerce and navigation; and in all those parts which relate to peace and friendship, it shall be, it is declared, permanently and perpetually binding. (Ib. vol. VIII, p. 310.) See Treaty with New Granada, Dec. 12, 1846, infra.

(2) The same provision as to real estate is inserted in the Treaty with Central America of Dec. 25, 1825 (ib. p. 326, and in the treaty with Brazil, Dec. 12, 1828, p. 392). The Mexican treaty of April 5, 1831, Art. XIII, only applies to the succession of personal property. (Ib. p. 414.)

(3) The Treaty with Austria, Aug. 27, 1829, Art. XI, is confined to personal property. (Ib. vol. VIII, p. 401.)

But the treaty with Austria of May 8, 1848, Art. II, provides: "Where, on the death of any person holding real property, or property not personal, 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 the laws of the country where such real property is situated, 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 any other charges than those which may be imposed in like cases upon the inhabitants of the country from which such proceeds may be withdrawn." The treaty was made for two years, but to continue until after a notice of one year. (U. S. S. vol. IX, p. 944.)

The Austro-Hungarian Convention of July 11, 1870, contains no provision on this subject.

(4) Convention with Chili, July 4, 1831, Art. IX, p. 436, has the same clause as to real estate as that of Colombia, &c.

(5) Russia. The following is the clause as to real estate in the treaty Dec. 6-18, 1832, with Russia: "And where, on the death of any person holding real estate, within the territories of one of the high contracting parties, such real estate would, by the laws of the land, descend on a citizen or subject of the other party, who by reason of alienage may be incapable of holding it, he shall be allowed the time fixed by

the laws of the country, and in case the laws of the country actually in force may not have fixed any such time, he shall then be allowed a reasonable time to sell such real estate, and to withdraw and export the proceeds without molestation and without paying to the profit of the respective governments any other dues than those to which the inhabitants of the country wherein said real estate is situated shall be subject to pay, in like cases. But this article shall not derogate, in any manner, from the force of the laws already published, or which may hereafter be published by His Majesty, the emperor of all the Russias, to prevent the emigration of his subjects. (Ib. p. 450.)

(6) In the Treaty of Jan. 20, 1836, with Venezuela, Art. XII, is the same clause as in the treaty with Colombia. (16. p. 472.)

But in the treaty of Aug. 27, 1860, Art. V, the provision as to real estate is thus phrased: "When, on the decease of any person holding real estate within the territory of one party, such real estate would, by the law of the land, descend on a citizen of the other were he not disqualified by alienage, the longest term which the laws of the country in which it is situated will permit shall be accorded to him to dispose of the same; nor shall he be subjected in doing so to higher or other dues than if he were a citizen of the country wherein such real estate is situated. (United States Treaties, Vol. XII, p. 1146.)

(7) The convention, Nov. 13, 1836, with Peru-Bolivia, is the same as that of Colombia. (United States Statutes at Large, vol. VIII, p. 489.)

(8) In the Treaty, Nov. 26, 1838, Art. XVIII, with Sardinia, the clause as to real estate is: "And where on the death of any person holding real estate within the territories of one of the contracting parties such real estate would, by the laws of the land, descend on a citizen or subject of the other party, who, by reason of alienage, may be incapable of holding it, he shall be allowed a reasonable time to sell such real estate, and to withdraw and export the proceeds without molestation, and without paying to the profit of the respective governments any other dues, taxes, or charges than those to which the inhabitants of the country wherein said real estate is situated shall be subject to pay in like cases. (United States Statutes at Large, vol. VIII, p. 520.)

(9) The clause in Treaty, June 13, 1839, with Ecuador, Art. XII, as to real estate, is the same as in the convention with Colombia. (Ib.

(10) The Treaty with Portugal, August 26, 1840, Art. XII, p. 566, is the same as that with Russia, excluding the last clause of the Russian article, respecting emigration.

(11) The Treaty of Dec. 1, 1845, with the Two Sicilies, Art. VI, is limited to the disposition of the personal property and contains no clause as to the real. (United States Statutes, vol. IX, p. 836.)

A subsequent treaty of Oct. 1, 1855, Art. VII, is as follows: "As to any citizen or subject of the high contracting parties dying within the jurisdiction of the other, his heirs being citizens or subjects of the other shall succeed to his personal property and either to his real estate or to the proceeds thereof whether by testament or ab intestato; and may take possession thereof, either by themselves or by others acting for them; and may dispose of the same at will, paying to the profit of the respective governments such dues only as the inhabitants of the country, wherein the said property is, shall be subject to pay in like cases." (United States Statues at Large, vol. XI, p. 644.)

(12) The Treaty with New Granada, Dec. 12, 1846, Art. XII, declares: "The citizens of each of the contracting parties shall have power to dispose of their personal goods or real estate within the jurisdiction of the other, by sale, donation, testament or otherwise; and their representatives, being citizens of the other party, shall succeed to their said personal goods or real estate, whether by testament or ab intestato, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country, wherein said goods are, shall be subject to pay in like cases." States Statutes at Large, vol. IX, p. 886.)

(United

Art. XXXV, sec. 2.-The present treaty shall remain in full force and vigor for the term of twenty years from the exchange of the ratifications; and from the same day the treaty that was concluded between the United States and Colombia, on the 3d of October, 1824, shall cease to have effect, notwithstanding what was disposed in the first part of the XXXIst Article. (Vide supra, p. 115.)

The Consular Convention of May 4th, 1850, makes provision in respect to consuls taking possession of the effects of persons dying, but makes no reference to real estate. (b. vol. X, p. 904.)

(13) The Treaty with the Swiss Confederation, May 18, 1847.Art. II is "If, by the death of a person owning real property in the territory of one of the high contracting parties, such property should

descend, either by the laws of the country, or by testamentary disposition, to a citizen of the other party, who on account of his being an alien, could not be permitted to retain the actual possession of such property, a term of not less than three years shall be allowed to him to dispose of such property, and collect and withdraw the proceeds thereof, without paying to the government any other charges than those which, in a similar case, would be paid by an inhabitant of the country in which such real property may be situated." (United States Statutes at Large, vol. IX, p. 903.)

The article in the Convention of Nov. 25, 1850, is as follows: "But in case real estate situated within the territories of one of the contracting parties should fall to a citizen of the other party, who, on account of his being an alien, could not be permitted to hold such property in the State, or in the canton in which it may be situated, there shall be accorded to the said heir, or other successor, such term as the laws of the State or canton will permit to sell such property; he shall be at liberty at all times to withdraw and export the proceeds thereof without difficulty, and without paying to the government any other charges than those which, in a similar case, would be paid by an inhabitant of the country in which the real estate may be situated." (United States Statutes at Large, vol. XI, p. 590.)

(14) The Treaty with the Hawaiian Government, Dec. 20, 1849, Art. VIII, has the same clause as the Prussian treaty, except as regards emigration. (United States Statutes at Large, vol. IX, p. 979.)

(15) The Treaty with Guatemala, March 3, 1849, Art. XI, has the same clause as that in the convention with Colombia and other South American States. (United States Statutes at Large, vol. X, p. 878.)

(16) The Treaty with San Salvador, concluded Jan. 2, 1850, Art. XII, is the same as the treaty with New Granada, Art. XII. (United States Statutes at Large, vol. X, p. 893).

(17) The provision as to the succession and disposition of property in the treaty with Costa Rica, July 10, 1851, is confined to personal property. (United States Statutes at Large, vol. X, p. 918.)

(18) The Treaty with Peru, July 26, 1851, Art. XV, contains the following clause: "Should the property consist of real estate, and the heirs, on account of their character as aliens, be prevented from entering into possession of the inheritance, they shall be allowed the