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HESSE.

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.

Preamble.

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 WheaNegotiators. ton, 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:

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.

Droit d'aubaine.

Real property.

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 subject or citizen of the other, were he not disqualified by alienage, such citizen or subject shall be al lowed 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.

ARTICLE III.

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

HESSE CASSEL, 1844--GRAND DUCHY OF HESSE, 1868.

487

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.

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

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.

ARTICLE V.

Disputes concern

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 ins inheritances. property is situated.

ARTICLE VI.

Ratifications.

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.

HENRY WHEATON.

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

versa.

ARTICLE I.

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 Declaration of in- other country, has not for either party the effect of natural

tent.

Offences commit

ization.

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 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.

ARTICLE III.

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.

ARTICLE IV.

If a Hessian, naturalized in America, but originally a citizen of the

Renunciation of

parts of the Grand Duchy not included in the North German Confederation, renews his residence in those parts naturalization. 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 the Grand Duchy of Hesse, (within the above-described parts,) renews his residence in the United States without the intent to return to Hesse, he shall be held to have renounced his naturalization in the Grand Duchy.

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

Duration of con

years. If neither party shall have given to the other six vention. 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.

ARTICLE VI.

The present convention shall be ratified by the President of the United States of America, and by His Royal Highness the Grand Duke of Hesse and by Rhine, etc. The ratification

Ratifications.

of the first is to take effect by and with the advice and consent of the Senate of the United States; on the Grand Ducal Hessian side, the assent of the States of the Grand Duchy is reserved, in so far as it is required by the constitution.

The ratifications shall be exchanged at Berlin within one year of the present date.

In faith whereof the Plenipotentiaries have signed and sealed this convention.

Darmstadt, the 1st of August, 1868.

GEO. BANCROFT.

[L. S.]

FRIEDRICH FREIHERR VON LINDELOF. [L. S.

HONDURAS.

HONDURAS, 1864.

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF HONDURAS. CONCLUDED AT COMAYAGUA, JULY 4, 1864; RATIFICATIONS EXCHANGED AT TEGUCIGALPA MAY 5, 1865; PROCLAIMED MAY 30, 1865.

Treaty of friendship, commerce, and navigation between the United States of America and the Republic of Honduras.

Commercial intercourse having been for some time established between the United States and the Republic of Honduras, it seems Contracting parties. good for the security as well as the encouragement of such commercial intercourse, and for the maintenance of good understanding between the United States and the said Republic, that the relations now subsisting between them should be regularly acknowledged and confirmed by the signature of a treaty of amity, commerce, and navigation. For this purpose they have named their respective Plenipotentiaries, that is to say:

The President of the United States, Thomas H. Clay, Minister Resident of the United States to the Republic of Honduras; Plenipotentiaries. and His Excellency the President of the Republic of Honduras, Señor Licenciado Don Manuel Colindres, Minister of Foreign Relations of that Republic;

Who, after having communicated to each other their full powers, found to be in due and proper form, have agreed upon and concluded the following articles:

ARTICLE I.

There shall be perpetual amity between the United States and their citizens on the one part, and the Government of the RepubPeace and amity. lic of Honduras and its citizens on the other.

Reciprocal freedom of commerce.

ARTICLE II.

There shall be, between all the Territories of the United States and the Territories of the Republic of Honduras, a reciprocal freedom of commerce. The subjects and citizens of the two countries, respectively, shall have liberty, freely and securely, to come with their ships and cargoes to all places, ports, and rivers in the Territories aforesaid, to which other foreigners are or may be permitted to come; to enter into the same, and to remain and reside in any part thereof, respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce; subject, always, to the laws and statutes of the two countries respectively.

In like manner the respective ships of war and post-office packets of the two countries shall have liberty, freely and securely, to come to all

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