NASSAU. (SEE PRUSSIA.) 1846." CONVENTION ABOLISHING DROIT D'AUBAINE AND EMIGRATION TAXES. Concluded May 27, 1846; ratification advised by the Senate July 21, 1846; ratified by the President July 23, 1846; ratifications exchanged October 13, 1846; proclaimed January 26, 1847. I. Droit d'aubaine abolished. II. Inheritance of property. ARTICLES. V. Settlement of disputes. VI. Convention to apply to property already inherited. VII. Ratification. The United States of America and His Royal Highness the Duke of Nassau, having resolved, for the advantage of their respective citizens and subjects, to conclude a convention for the mutual abolition of the droit d'aubaine and taxes on emigration, have named for this purpose their respective Plenipotentiaries, namely: The President of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and Minister Plenipotentiary at the Royal Court of Prussia, and His Royal Highness the Duke of Nassau upon his Minister Resident at the Royal Court of Prussia, Colonel and Chamberlain, Otto Wilhelm Carl von Roeder, comthur of the 1st class of the Ducal Order of Henry the Lion, etc., etc.; Who, after having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articles: ARTICLE I. Every kind of droit d'aubaine, 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 or subject of the other, were he not "This treaty terminated when Nassau was merged with Prussia by conquest in 1866. 24449-VOL 2-10- -1 1231 disqualified by alienage, such citizen or term of two years to sell the same-whic prolonged according to circumstances-and thereof without molestation, and exemp traction. ARTICLE III. The citizens or subjects of each of the have power to dispose of their personal p of the other, by testament, donation, or legatees, and donees, being citizens or sub ing party, shall succeed to their said perso possession thereof, either by themselves, or and dispose of the same at their pleasure, the inhabitants of the country where the liable to pay in like cases. ARTICLE IV. In case of the absence of the heirs, the provisionally, of such real or personal pr in a like case of property belonging to t until the lawful owner, or the person who according to Article II, may take measur the inheritance. ARTICLE V. If any dispute should arise between diff inheritance, they shall be decided, in the laws and by the judges of the country whe ARTICLE VI. All the stipulations of the present con in respect to property already inherited withdrawn from the country where the sa ture of this convention. ARTICLE VII. This convention is concluded subject to dent of the United States of America, b consent of their Senate, and of His R Nassau, and the ratifications thereof sh within the term of twelve months from hereof, or sooner if possible. In witness whereof the respective Plen above articles, as well in English as in affixed their seals. Done in triplicata, in the city of Berl one thousand eight hundred and forty-si dependence of the United States of Am reign of His Royal Highness the Duke o [SEAL. [SEAL.] HENR Отто NETHERLANDS. 1782. TREATY OF PEACE AND COMMERCE. Concluded October 8, 1782; ratified by the Continental Congress Jan I. Amity. uary 22, 1783. ARTICLES. II. Most favored nation; Nether- III. Most favored nation; United IV. Religious liberty. V. Protection of vessels. VI. Disposition of property. VII. Employment of advocates. VIII. Detention of vessels. IX. Reciprocal privileges in business X. Merchant ships from enemy's port. XI. Contraband goods. XII. Confiscation of goods in enemy's ship. XIII. Injury by vessels of war. XV. Restoration of goods from privateers. XVI. Shipwrecks. XVII. Asylum for vessels. XVIII. Disposal of property in case of war. XIX. Letters of marque from foreign state. XX. Treatment of vessels. XXI. Consuls. XXII. Treaty with France. XXIII. Treaties with Barbary powers. XXIV. Contraband. XXV. Passports. XXVI. Treatment of vessels by pri vateers. XXVII. Employment of seamen. XIV. Responsibility of captains of pri- XXVIII. Regulation of refraction. vateers. XXIX. Ratification. Their High Mightinesses the States General of the United Netherlands and the United States of America, to wit, New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticutt, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, desiring to ascertain, in a permanent and equitable manner, the rules to be observed relative to the commerce and correspondence which they intend to establish between their respective States, countries, and inhabitants, have judged that the said end cannot be better obtained than by establishing the most perfect equality and reciprocity for the basis of their agreement, and by avoiding all those burdensome preferences which are usually the sources of debate, embarrassment, and discontent; by leaving also each party at liberty to make, respecting commerce and navigation, such ulterior regulations as it shall find most convenient to itself; and by founding the advantages of commerce solely upon reciprocal utility and the just rules of free intercourse; reserving withal to each party the liberty of admitting at its pleasure other nations to a participation of the same advantages. This treaty was abrogated by the overthrow of the Netherlands Government in 1795. 1233 On these principles their said High Mightinesses the States General of the United Netherlands have named for their Plenipotentiaries, from the midst of their assembly, Messieurs their Deputies for the Foreign Affairs; and the said United States of America, on their part, have furnished with full powers Mr. John Adams, late Commissioner of the United States of America at the Court of Versailles, heretofore Delegate in Congress from the State of Massachusetts Bay, and chief justice of the said State, who have agreed and concluded as follows, to witt: ARTICLE I. There shall be a firm, inviolable, and universal peace and sincere friendship between their High Mightinesses the Lords the States General of the United Netherlands and the United States of America and between the subjects and inhabitants of the said parties, and between the countries, islands, cities, and places situated under the jurisdiction of the said United Netherlands and the said United States of America, their subjects and inhabitants, of every degree, without exception of persons or places. ARTICLE II. The subjects of the said States General of the United Netherlands shall pay in the ports, havens, roads, countries, islands, cities, or places of the United States of America, or any of them, no other nor greater duties or imposts, of whatever nature or denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties priviledges, immunities, and exemptions in trade, navigation, and commerce which the said nations do or shall enjoy, whether in pass ing from one port to another in the said States, or in going from any of those ports to any foreign port of the world, or from any foreign port of the world to any of those ports. ARTICLE III. The subjects and inhabitants of the said United States of Americ shall pay in the ports, havens, roads, countries, islands, cities, o places of the said United Netherlands, or any of them, no other no greater duties or imposts, of whatever nature or denomination the may be, than those which the nations the most favoured are or shall b obliged to pay; and they shall enjoy all the rights, liberties, priviledges immunities, and excemptions in trade, navigation, and commerc which the said nations do or shall enjoy, whether in passing from on port to another in the said States, or from any one towards any on of those ports from or to any foreign port of the world. And th United States of America, with their subjects and inhabitants, shal leave to those of their High Mightinesses the peaceable enjoyment o their rights in the countries, islands, and seas, in the East and Wes Indies, without any hindrance or molestation. ARTICLE IV. There shall be an entire and perfect liberty of conscience allowe to the subjects and inhabitants of each party, and to their families and no one shall be molested in regard to his worship, provided he submits, as to the public demonstration of it, to the laws of the country: There shall be given, moreover, liberty, when any subjects or inhabitants of either party shall die in the territory of the other, to bury them in the usual burrying-places, or in decent and convenient grounds to be appointed for that purpose, as occasion shall require; and the dead bodies of those who are burried shall not in any wise be molested. And the two contracting parties shall provide, each one in his jurisdiction, that their respective subjects and inhabitants may henceforward obtain the requisite certificates in cases of deaths in which they shall be interested. ARTICLE V. Their High Mightinesses the States General of the United Netherlands and the United States of America shall endeavor, by all the means in their power, to defend and protect all vessells and other effects, belonging to their subjects and inhabitants, respectively, or to any of them, in their ports, roads, havens, internal seas, passes, rivers, and as far as their jurisdiction extends at sea, and to recover, and cause to be restored to the true proprietors, their agents, or attornies, all such vessells and effects, which shall be taken under their jurisdiction: And their vessells of war and convoys, in cases when they may have a common enemy, shall take under their protection all the vessells belonging to the subjects and inhabitants of either party, which shall not be laden with contraband goods, according to the description which shall be made of them hereafter, for places, with which one of the parties is in peace and the other at war, nor destined for any place block [ad]ed, and which shall hold the same course or follow the same rout; and they shall defend such vessells, as long as they shall hold the same course or follow the same rout, against all attacks, force, and violence of the common enemy, in the same manner as they ought to protect and defend the vessells belonging to their own respective subjects. ARTICLE VI. The subjects of the contracting parties may, on one side and on the other, in the respective countries and States, dispose of their effects by testament, donation, or otherwise; and their heirs, subjects of one of the parties, and residing in the country of the other, or elsewhere, shall receive such successions, even ab intestato, whether in person or by their attorney or substitute, even although they shall not have obtained letters of naturalization, without having the effect of such commission contested under pretext of any rights or prerogatives of any province, city, or private person: And if the heirs to whom such successions may have fallen shall be minors, the tutors or curators established by the judge domiciliary of the said minors may govern, direct, administer, sell, and alienate the effects fallen to the said minors by inheritance, and, in general, in relation to the said successions and effects, use all the rights and fullfill all the functions which belong, by the disposition of the laws, to guardians, tutors, and curators: Provided, nevertheless, that this disposition cannot take place but in cases where the testator shall not have named guardians, tutors, curators, by testament, codicil, or other legal instrument. |