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WÜRTTEMBERG.

WÜRTTEMBERG, 1844.

CONVENTION FOR THE MUTUAL ABOLITION OF THE DROIT D'AUBAINE AND TAXES ON EMIGRATION, BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF WÜRTTEMBERG. CONCLUDED APRIL 10, 1844; RATIFICATIONS EXCHANGED OCTOBER 3, 1844; PROCLAIMED DECEMBER 16, 1844.

The United States of America and His Majesty the King of Württemberg 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 Majesty the King of Württemberg, upon Baron de Maucler, his Captain of the Staff and Chargé d'Affaires at the said court; who, after having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articles:

Droit d'aubaine,

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.

&., abolished.

Heirs to 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 citizen or subject 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.

ARTICLE III.

The citizens or subjects of each of the contracting parties shall bave Duties on disposal power to dispose of their personal property within the States of personal property. of the other, by testament, donation, or otherwise, and their heirs, legatees, and donees, being citizens or subjects of the other contracting party, shall succe[e]d to their said personal property, and may take possession thereof, either by themselves, or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the 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 hers. the country, until the lawful owner, or the 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.

If any dispute should arise between different claimants to the same inheritance, they shall be decided, in the last resort, accord

Disputes to be de

ing to the laws, and by the judges of the country where the cided by the loca property is situated.

laws.

ARTICLE VI.

All the stipulations of the present convention shall be obligatory in respect to property already inherited or bequeathed, but Property not yet not yet withdrawn from the country where the same is sit- withdrawn embraced uated at the signature of this convention.

ARTICLE VII.

This convention is concluded subject to the ratification of the Presi dent of the United States of America, by and with the advice Convention subject and consent of their Senate, and of His Majesty the King of to ratification, &c. Württemberg, and the ratifications thereof shall be exchanged at Berlin, within the term of twelvth months from the date of the signature hereof, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed the above articles, as well in English as in German, and have thereto affixed their seals.

Done in triplicata, in the city of Berlin, on the tenth day of April, one thousand eight hundred and forty-four, in the sixty eighth year of the Independence of the United States of America, and the twentyeighth of the reign of His Majesty the King of Württemberg.

HENRY WHEATON.
[L. S.]
FREIHERR VON MAUCLER. [L. S.]

WÜRTTEMBERG, 1853.

DATE, OCTOBER 13, 1853; PROCLAIMED DECEMBER 27, 1853.

[On the 13th of October, 1853, the Government of His Majesty the King of Württemberg formally declared its accession to the convention of the 16th of June, 1852, between the United States and Prussia and other States of the Germanic Confederation, for the mutual delivery of criminals fugitives from justice in certain cases.]

WÜRTTEMBERG, 1868.

TREATY BETWEEN THE UNITED STATES AND THE KINGDOM OF WÜRTTEMBERG, RELATIVE TO NATURALIZATION AND FOR THE SURRENDER OF FUGITIVE CRIMINALS. CONCLUDED JULY 27, 1868; PROCLAIMED

MARCH 7, 1870.

The President of the United States of America and His Majesty the King of Württemberg, led by the wish to regulate the citi Contracting parties. zenship of those persons who emigrate from the United States of America to Württemberg, and from Württemberg to the territory of the United States of America, have resolved to treat on this subject, and have for that purpose 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 Majesty the King of Württemberg, his Minister of the Royal House and of Foreign Affairs, Charles Baron Varn büler; who have agreed to and signed the following articles:

When citizens of

treated as Ameri

can citizens.

ARTICLE I.

Citizens of Württemberg, who have become or shall become naturalized citizens of the United States of America, and shall Wurttemberg are to have resided uninterruptedly within the United States five years, shall be held by Württemberg 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 Württemberg, and shall have resided uninterruptedly within Württemberg five years, shall be held by States to be citizens of Württemberg, and shall be treated as such. The declaration of an intention to become a citi tention not to effect Zen of the one or the other country has not for either party the effect of naturalization.

When Americans are to be treated as citizens of Wurttem berg.

the United

Declaration of in

Daturalization.

ARTICLE II.

Naturalized citi

A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for zens liable for of 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.

fences committed before emigration.

ARTICLE III.

The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between Württemberg and the United States the remains in force with

Extradition.

out change.

16 June, 1832,

13 October, 1553,

ARTICLE IV.

If a Württemberger, naturalized in America, renews his residence in Württemberg without the intent to return to America, he covery of citizenship shall be held to have renounced his naturalization in the United States. Reciprocally, if an American naturalized in Württemberg renews his residence in the United States without the

Provisions as to rea original country.

When intent not

return may be held to exist.

intent to return to Württemberg, he shall be held to have renounced his naturalization in Württemberg. The intent to 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.

to go into effect, and how long to continue.

The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for ten When convention 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 high contracting parties shall have given notice to the other of such intention.

ARTICLE VI.

The present convention shall be ratified by His Majesty the King of Württemberg, with the consent of the Chambers of the Convention when Kingdom, and by the President by and with the advice and to be ratified. consent of the Senate of the United States, and the ratifications shall be exchanged at Stuttgart as soon as possible, within twelve months from the date hereof.

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

Stuttgart, the 27 of July, 1868.

[SEAL.]

[SEAL.]

GEO. BANCROFT.

FREIHERR VON VARNBÜLER.

[The treaty of 1844 does not prevent a State from imposing a succession duty on legacies given by one of its citizens to a subject of Württemberg. Frederickson vs. Louisiana, 23 Howard, 445.]

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