State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-12-18
BY AUTHORITY.
TREATIES.


TREATIES.
Convention with the Grand Duchy of Hesse
Cassel for the abolition of the Droit D'Au
bane and of Taxes on Emigration.
IS Concluded March 26, 1874.
by the President Of the United States Of dine erica:
A PROCLAMATION.
Whereas Convention between the United
States of America and His Royal Highness
the Grand Duke of Hesse was concluded and
signed by their Penipotentiaries, at Berlin,
on the twenty sixth day of March, one thou
sand eight hundred and forty-four, which
Convention, being in the French and English
languages. is, word for word, as follows
Convention for the mutual abolition of the
dron d'dubdine and tores on emigration
betaoeen 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 desi-
rous of removing the restrictions which exist in
their territories upon the acquisition and trans
fer of property by their respective citizens and
subjects, have agreed to enter into negotiation
for his 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 Pleni-
potentiary at the Court of His Majesty the King
of Prussia, and his Royal Hghness the Grand
Duke of f1esse upon Baron Shaeffer- Bernstein
his Chamberlain, Colonel, Aidde-caInp, and
Minister Resident near His Majesty the King
Of Prussa,who, after having exchanged heir said
flu powers found in due and proper form, have
agreed to the following articles:
ARTICLE I.
Every kind fdrot d'aubane, droit de retraite,
and drolt dc deiraction, or tax on emigration, is,
hereby, and shall remain abolished, between the
two contracting parties, their States, citizens,
aud subjects, respectively.
ARTICLE II.
Where, on the death of any person holding
real property within he territories of one party,
such real property, would, by the laws of the
land, descend OH subject or cit zcns of thu oth-
er, were he not disqualified by alienage, such
citizen subject shall be allowed a term of two
years TO sell the same--which term may be
sonably prolonged according 10 circumstances
and to withdraw the proceeds thereof, without
molestaton, and exempt from all duties of de-
traction On the part of the Government of the
reepec tive States.
ARTICLE Iils
The citizens or subjects of each of the con-
tracing parties shall have power TO dispose Of
their personal property within the States of the
other, by testament, donation or otherwise and
their heirs, being citizens or subjects ofthe OH
er contracting party, shall succeed to their said
personal properly, whether by testament or a6
intesfato, and may take possession thereof, eth.
er by themselves or by others &C ing for them,
and dispose Of the same at their pleasure. pays
ing such duties only as the inhabitants of the
country where the said property lies shall be
liable to pay in like cases.
AR TICLE w.
In case of the absence Of the heirs, the same
care shall be taken, Professionally, of such real
or pers onal property as would be taken in like
case of property belonging to the natives Of
the country, until the lawful owner, or the per-
son who hus a right TO sell the same, according
to article second, may take measures to receive
OF 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, according TO the
laws and by The judges Of the country where
the property is situated.
lt n. ARTICLE vi.
This Convention shall be ratified by the Pre-.
eident of the United States of Amer ca, by and
with the advice and consent of their Senate,
and by His Royal Highness the Grand Duke of
Hesse, and the raifications 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 Plenipoten-
tiaries 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 rs a precedent,n nor in any way operate to
the prejudice Of the contracting parties.
Done in quadruplicate, in the city of Berlin,
on the tweny.six.h day Of March, in the yesr of
our Lord one thousand eight hundred and forty
four, and the sixty eighth Of the independence
of the United States Of America.
BARON DE ScHAErFER. BERNSTEIN, L.. 81
And whereas the said Convention has been
duly ratified on both parts, and the respective
notifications ofthe same having been exchanged,
to wit: al Berlin, on the sixteenth day of Oc-
tober, one thousand eight hundred and forty
four, by Theodore ). Fay, Charge d'Affairs ad
, interim Of the United States. and Baron de
Schaeffer- Bernstein, Chamber lain, Colonel. Aid
: de Camp, and Minister Resident OF II is ROYAL
Highness the Grand Duke of Hesse near The
3 Court of his Majesty the King of Prussia, on
the part Of their respective Governments
Now, THEREFoRE. BE 1T KNOWN, that !.
JAMES X. POLK. President of the United
States of America. have caused the said Com
vention to be made public, to the end tina. the
same, and every clause and article thereof NAV
be observed and fulfilled with good faith, by the
United States and the citizens thereof :
! In WITNESS WHEREOF, have hereunto set
} my hand and caused the seal of the United
3 States to be affixed. af laaG rs
Done at the city of Washington, this eighth
day Of May, IN the year of our Lord
.TsEAL one thousand eight hundred and forty.
FIVE. and Of the Independence Of tie
i 49, United States the sixty-nnth go
1ss Esa aas3ft8ss JAMES x. POLK. 81
I iBy the President, ia9 res y -l12eii sfa d
JAMES BUCHANAN, Secretary of STATE.