The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-05-19


Conpention for tie mutual abolition Of the drou dau-
baine and tares on emigration bst,osen the United
States of america and the Grand Duchy Of Hevs.
The United States of America, on the one part,
and his Royal Highness the Grand Duke Of Hesse,
on the other part, being equally DESTROYS Of remov
ing 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
ferred full powers Henry Wheaton, their En-
voy Extraordinary and Minister Plenpotentiary at
the court of his Majesty the King Of Prussia, and
his Royal Highness the Grand Duke Of Hessc
upon Baron Schaeffer- Bernstein, his Chamberlain,
Colonel, Aid-deCamp, and Minister Resident near
his Majesty the King of Prussia, who, after hav-
ing exchanged their said full powers, found in due
and proper form, have agreed to the following art-
cles
Every kind Of droit d'aubaine, droit de retraitc,
and droit de detracton, 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
scend on subject citizen of the other, were he
not disqualified by alenage, such citizen or sub
iect shall be allowed term of two years to sell
the same--whch term may be reasonably proong-
ed according to crcumstances-and to withdraw
the proceeds thereof, without molestation and ex-
empt from all duties of de,racsn the part of the
government of the respective States.
ARTICLE III.
The citizens or subjects of each Of the contract
ing parties shall have power to dispose OF their per-
sona property within the States of the other, by tes
lament, donation, or otherwise; and their heirs
being citizens or subjects ofthe other contracting
party, shall succeed to their said personal property
whether by testament alb intestato; 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 IN
habitants of the country where the said property
lies shall be liable to pay in like cases.
ARTIcLEW.
In case of the absence of the heirs, the same care
shall be taken, Professionally of such real or per-
sona property as would be taken in like case Of
property belonging to the natives of the country,
until the lawful owner, or the person who has
right sell the same, according to article second,
may take measures to receive or dispose of the In
heritance
If any dispute should arise between different
claimants to the same inheritance, they shall be de-
cided in the last resort according to the laws and
by the Judges of the country where the property is
situated.
ARTICLE
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
hghness the Grand Duke of Hesse and the ratifca-
tons 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 Plenipotentia-
res have signed the above articles, both in French
and English and have thereto affixed their seals
declaring nevertheless that the signing in both Ian
guages shall not hereafter be cited precedent,
nor in any way operate to the prejudice of the con-
tracing parties
Done in quadrupcate, in the city Of Berlin, on
the twenty sixth day of March, in the year OF our
Lord one thousand eight hundred and forty four,
and the sixtyeighth Of the Independence of the Uni
BARON DE sCHAEFFER. BERNSTEIN, t.. ST.
titled both parts, and the respective Publications
Berlin, on the sixteenth day Of October one thou
J. Fay, Charge d'Afares, ad interim, Of the United
/, Colonel, Abide Camp, and Minister Resident Of
the Court of His Majesty the King Of Prussia, on
{. POLh, President OF the Uniteu states Oh hmer-
tic, to the end that the same, and every clause and
good faith, by the United States and the citizens
and, and caused the seal of the United States to be
eighth day of May, in the year of our Lord one
yfve, and Of the Independence of the United States
JAMES X. POLK.
ru of State.