« PreviousContinue »
before exercising their official functions, exhibit to the Government to which they are accredited their commissions or patents in due form; and, having obtained their exequatur, they shall be acknowledged, in their official character, by the authorities, magistrates, and inhabitants, in the consular district in which they reside.
It is also agreed that the Consuls, their secretaries, officers, and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all kinds of imposts, taxes, and contributions, except those which they shall be obliged to pay on account of their commerce or property, to which the citizens or inhabitants, native or foreign, of the country in which they reside, are subject; being, in everything besides, subject to the laws of the respective States. The archives and papers of the consulates shall be respected inviolably; and under no pretext whatever shall any person, magistrate, or other public authority seize or in any way interfere with them.
The said Consuls and Vice-Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand such deserters, proving by the exhibition of the regis ters of the vessels, the muster-rolls of the crews, or by any other offi cial documents, that such individuals formed a part of the crews; and on this claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the Consuls and Vice-Consuls, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause.
For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit, to form a consular convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties.
It is agreed that the high contracting parties shall, on requisitions Fugitives from jus. made in their name, through the medium of their respective diplomatic agents, deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek an asylum or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so estab
lished as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws.
surrender shall be
Persons shall be delivered up, according to the provisions of this treaty, who shall be charged with any of the following Crimes for which crimes, to wit: murder, (including assassination, parri- made. cide, infanticide, and poisoning,) attempt to commit murder, piracy, rape, forgery, the counterfeiting of money, the utterance of forged paper, arson, robbery, and embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment.
The surrender shall be made, on the part of each country, only by the authority of the Executive thereof. The expenses of the detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand.
Surrender to be made by the Executive.
The provisions of the foregoing articles relating to the extradition of fugitive criminals shall not apply to offences committed be
Offences not in
fore the date hereof, nor to those of a political character. cluded. Neither of the contracting parties shall be bound to deliver up its own citizens under the provisions of this treaty.
Duration of treaty.
The present treaty shall remain in force for the term of eight years, dating from the exchange of ratifications; and if one year before the expiration of that period neither of the contracting parties shall have given notice to the other of its intention to terminate the same, it shall continue in force, from year to year, until one year after an official notification to terminate the same, as aforesaid.
The present treaty shall be submitted on both sides to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged at Washington within six months from the date hereof, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed the foregoing articles, in the English and French languages, and they have hereunto affixed their seals.
Done, in duplicate, at the city of Port au Prince, this third day of November, in the year of our Lord one thousand eight hundred and sixty-four.
B. F. WHIDDEN.
HESSE CASSEL, 1844.
CONVENTION WITH HESSE CASSEL. CONCLUDED MARCH 26, 1844; RATIFICATIONS EXCHANGED OCTOBER 16, 1844; PROCLAIMED MAY 8, 1845. Convention for the mutual abolition of the droit d'aubaine and taxes on emigration between the United States of America and the Grand Duchy of Hesse.
The United States of America, on the one part, and His Royal Highness the Grand Duke of Hesse, on the other part, being equally desirous of removing the restrictions which exist in their territories upon the acquisition and transfer of property by their respective citizens and subjects, have agreed to enter into negotiation for this purpose.
For the attainment of this desirable object the President of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of Prussia, and His Royal Highness the Grand Duke of Hesse, upon Baron Schaeffer-Bernstein, his Chamberlain, Colonel, Aide-de-Camp, and Minister Resident near His Majesty the King of Prussia;
Who, after having exchanged their said full powers, found in due and proper form, have agreed to the following articles:
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.
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 subject or citizen of the other, were he not disqualified 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 on the part of the Government of the respective States.
The citizens or subjects of each of the contracting parties shall have power to dispose of their personal property within the States Personal property. of the other, by testament, donation, or otherwise; and their heirs, being citizens or subjects of the other contracting party, shall succeed to their said personal property, whether by testament or ab intestato, and may take possession thereof, either by themselves or by
Duties on disposal
other acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the of personal property. country where the said property lies shall be liable to pay in like cases.
In case of the absence of the heirs, the same care shall be taken, provisionally, of such real or personal property as would be
Property of absent
taken in a like case of property belonging to the natives of heirs. the country, until the lawful owner, or a person who has a right to sell the same, according to article 2, may take measures to receive or dispose of the inheritance.
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 ing inheritances. property is situated.
This convention shall be ratified by the President of the United States of America, by and with the advice and consent of their Senate, and by His Royal Highness the Grand Duke of Hesse, and the ratifications shall be exchanged at Berlin, within the term of six months from the date of the signature hereof, or sooner if possible. In faith of which the respective Plenipotentiaries have signed the above articles, both in French and English, and have thereto affixed their seals; declaring, nevertheless, that the signing in both languages shall not hereafter be cited as a precedent, nor in any way operate to the prejudice of the contracting parties.
Done in quadruplicata in the city of Berlin, on the twenty-sixth day of March, in the year of our Lord one thousand eight hundred and fortyfour, and the sixty-eighth of the Independence of the United States of America.
B'ON DE SCHAEFFER-BERNSTEIN.
[L. S.] L. S.
[For stipulations of June 16, 1852, for the mutual delivery of criminals fugitives from justice in certain cases, between the United States and the Elector of Hesse, the Grand Duke of Hesse and on Rhine, and the Landgrave of Hesse-Homburg, see convention of that date with Prussia and other states of the Germanic Confederation.]
GRAND DUCHY OF HESSE, 1868.
[That portion of the Grand Duchy of Hesse north of the Main was incorporated into the North German Union, by the constitution of the latter, July 1, 1867.]
CONVENTION WITH GRAND DUCHY OF HESSE, RELATIVE TO NATURALIZATION. CONCLUDED AUGUST 1, 1868; RATIFICATIONS EXCHANGED JULY 23, 1869; PROCLAIMED AUGUST 31, 1869.
Whereas an agreement was made on the 22d of February, 1868, between the United States of America and the North German Confed
eration, to regulate the citizenship of those persons who emigrate from the United States of America to the territory of the North German Confederation, and from the North German Confederation to the United States of America; and whereas this agreement by publication in the bulletin of the laws of that Confederation has obtained binding force in the parts of the Grand Duchy of Hesse belonging to the North German Confederation, it has seemed proper in like manner to establish regulations respecting the citizenship of such persons as emigrate from the United States of America to the parts of the Grand Duchy of Hesse not belonging to the North German Confederation, and from the abovedescribed parts of Hesse to the United States of America.
The President of the United States of America and His Royal Highness the Grand Duke of Hesse and by Rhine have thereContracting parties. fore resolved to treat on this subject, and for that purpose have appointed Plenipotentiaries to conclude a convention, that is to say:
The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary, and His Royal Highness the Grand Duke of Hesse and by Rhine, &c., Dr. Frederick Baron von Lindelof, President of his Council of State, Minister of Justice, and Actual Privy Counsellor;
Who have agreed to and signed the following articles:
When citizens of
Hesse are to be
citizens, and vice
Citizens of the parts of the Grand Duchy of Hesse not included in the North German Confederation, who have become or shall the Grand Duchy of become naturalized citizens of the United States of America, treated as American and shall have resided uninterruptedly within the United States five years, shall be held by the Grand Ducal Hessian Government 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 the above-described parts of the Grand Duchy Hesse, and shall have resided uninterruptedly therein five years, shall be held by the United States to be citizens of the Grand Duchy Hesse, 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.
Declaration of in
A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for ted before emigration. 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.
The convention for the mutual delivery of criminals fugitives from justice in certain cases, concluded between the United States tradition of fugitives of America and the Grand Duchy Hesse, on the 16th of June, 1852, remains in force, without change.
Convention for exfrom justice.
If a Hessian, naturalized in America, but originally a citizen of the