ARTICLE II. 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. ARTICLE III. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part, and Prussia and other states of Germany on the other part, the sixteenth day of June, one thousand eight hundred and fiftytwo, is hereby extended to all the States of the North German Confederation. ARTICLE IV. If a German, naturalized in America, renews his residence in North Germany without the intent to return to America, he shall be held to have renounced his naturalization in the United States. Reciprocally: If an American, naturalized in North Germany, renews his residence in the United States, without the intent to return to North Germany, he shall be held to have renounced his naturaliza tion in North Germany. 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. 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. (Treaties of the United States, 1868, p. 115.) Consular Regulations (p. 206). We are not aware of any authority for inserting it. It will be seen that the first article is defective, inasmuch as the term "who become naturalized citizens," &c., is used in the English copy, while the words "geworden sind” in the German copy signify have been, and thus neither version includes all to whom it was obviously intended to apply. The mistake does not exist in the treaties with the South German States. (2.) CONVENTION WITH BAVARIA, CONCLUDED MAY 26, 1868. Preamble according, in substance, with that of the preceding treaty. ARTICLE I. 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 years, shall be held by Bavaria to be American citizens and shall be treated as such. 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. ARTICLE II. The same as the North German treaty, with the words, "or any other remission of liability to punishment," added. ARTICLE III. Extradition treaty of 12th September, 1853, to remain in force. ARTICLES IV. AND V.. The same as the North German treaty. 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 citizenship of * A protocol or declaration, signed by the Plenipotentiaries, whether at the time of the conclusion of the treaty, or of the exchange of the ratifications, has no effect in the United States on the interpretation of a treaty, unless it has been submitted to and approved by the Senate. But where one of the parties to a treaty, at the time of its ratification, annexes a written declaration explaining ambiguous language in the instrument, or adding a new and distinct stipulation, and the treaty is afterwards ratified by the other party with the declaration attached to it, and the ratifications duly exchanged, the declaration thus annexed is a part of the treaty, and as binding and obligatory as if it were inserted in the body of the instrument. (Lawrence's Wheaton, Ed. 1863, notes 153, 249, pp. 455, 879.) In the case of the Bavarian treaty, the protocol was promulgated by the President as a part of the convention. 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. 1. Inasmuch as the copulative "and" is made use of, it follows, of course, that not the naturalization alone, but an additional 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 understood, 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. 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 return to his original country cannot be made punishable 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. 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 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, emi grating from Bavaria before the fulfillment of their military duty, can not 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, 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. 2. It is hereby agreed that when a Bavarian, naturalized in America, and reciprocally an American naturalized in Bavaria, takes up 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, 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. (The name of George Bancroft, with his seal, is attached to the English version of the protocol, and that of Dr. Otto Fhr. Von Volderndorff, with his seal, to the German.) (Treaties, 1868, p. 147.) (3.) CONVENTION WITH BADEN, CONCLUDED JULY 19, 1868. Preamble Accords with the North German Treaty. ARTICLE I. Citizens of the Grand Duchy of Baden, who have resided uninterruptedly within the United States of America five years, and before, during, or after that time have become, or shall become, naturalized citizens of the United States, shall be held by Baden to be American citizens, and shall be treated as such. Reciprocally: citizens of the United States of America, who have resided uninterruptedly within the Grand Duchy of Baden five years, and before, during, or after that time have become, or shall become, naturalized citizens of the Grand Duchy of Baden, shall be held by the United States to be citizens of Baden, 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. 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. In particular, a former Badener who, under the first article, is to be held as an American citizen, is liable to trial and punishment according to the laws of Baden for non-fulfillment of military duty 1. If he has emigrated after he, on occasion of the draft from those owing military duty, has been enrolled as a recruit for service in the standing army. 2. If he has emigrated while he stood in service under the flag, or had a leave of absence only for a limited time. 3. If, having a leave of absence for an unlimited time, or belonging to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearance, or after war has broken out. On the other hand, a former Badener, naturalized in the United States, who, by or after his emigration, has transgressed, or shall |