Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-12-04
TBY AUTHORITY
[PuBLlc.l
TREATIES,
TREATIES.

Convention auth the Grand Duchy of Hesse
Cassei for the abolition of the droit do,t6ois.e
and of fares on Emigration, concluded March
26, 1874.
By the President of the United States of America.
A PROCLAMATION.
Whereas Convention between the United States
of America and his Royal Highness the Grand
Duke of Hesse concluded and signed by
their Plenipotentaries, at Berlin, on the twenty
six day of March, one thousand 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 dro:t
d'aubaine and taxes Oh 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 Hes
Sc, on the other part being equally DESTROYS of re-
moving the restrictions which exist in their terri
torres upon the acquisition and transfer of proper
ty 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 Plenipoten'ia-
ny at the Court of His Majesty the KING of Prus-
Std' anu lis NOydi Inquiries bidtiI Duhc y!
Hesse upon Baron Shaeffer Bernstein his Cham
berlain, Colonel, AiI-de-camp, and Minister
Resident near His Majesty the King Of Prus-
STA, who, after having exchanged their said full
powers, found in due and proper form, have agreed
10 the following articles:
ARTICLE 1. Every kind of droit d'aubaine
draught de retraie and droit de detraction, tax
on emigration. is, hereby, and shall remain abol-
ished, between the two contracting parties, theil
States, citizens, and sub ects, respectively.
| ARTICLE II. Where, on the death of any per-
son holding real property within the territories Of
one party. such real property, would, by the laws
of the land descend on subject or CT liens of the
other, were he not disqualified by alienage, such
citizen Or subject shall be allowed term Of two
years to sell the same-which term may be rea
sonabIy prolonged according to circumstances
and to withdraw the proceeds thereof without
molestation, and exempt from all duties Of detrac
ton on the part of the Government OF the respec
tive States.
ARTICLE III, The citizens or subjects of each
of the contracting parties shall have power to dis
pose of their personal property within the States
of the other by testament donation otherwise
and their heirs, being citizens or subjects of the
other contracting party, shall succeed to their said
personal property, whether by testament or a6 IN
testat0 and may take possession thereof either by
themselves or by others acting for them, and dis
pose of the same at their pleasure, paying such
duties only the inhabitants of the country
VIII the said property lies shall be liable to pa,
in like cases.
ARTICLE ". In case of the absence of thu
heirs, the care shall be taken, Professionally
of such real or personal property as would be
taken in a like case of property belonging to thu
natives of the country, until the lawful owner, o
the person who has right to sell the same, &C
cordlng to article second may take measures t.
receive or dispose of the inh eritance.
ARTICLE V. If any dispute should arise between
different claimants to the same Inheritance, they
shall be decided, in the last resort. according t.
the laws and by the judges of the country where
the property is situated.
ARTICLE VI. This Convention shall be ratified
by the President of the United States of America
by and with the advice and consent of their Sen
ate, and by His Royal Highness the Grand Duke
of Hesse, and the Publications shall be exchanged
at Berlin, within the term of six months from th
date Of the signature hereof, sooner if possible
In faith OF which, the respective PIenlpotentla
rles have signed the above articles both in French
and English, and have thereto affixed their seals
declaring. nevertheless, that the signing in boil
languages shall not hereafter be cited as prece
the contracting parties.
Done in quadrupIicata in the city of Berlin, OF
the twenty sixth day of March, in the year of gu
Lord one thousand eight hundred and forty-four
and the sixty-eighth of the Independence of thu
United States Of America.
BARoN DE SCHAEFFER- BERNSTEIN, L. ST.
HENRY WHEATON, L. s.
And whereas the said Convention has beea du
ly ratified on both parts, and the respective ratifi
cations of the same having been exchanged, t.
wit: at Berlin, on the sixteenth day of October
one thousand eight hundred and forty four, b,
theodore S. Fay, Charge d'Affairs nd interim 0
the United States, and Baron de Schaeffer-Bern
stein, Chamberlain, Colonei, Aid-de-Camp, ant
Minister Resident of His Royal Highness tn
Grand Duke of Hessa near the Court of his Ma
Ijesty the King of Prussia on the part of their res
pective Governments:
Now, THEREFORE, BE 1T KNOWN, that
JAMES K. POLK, President of the United
States of America have caused the said Conven
ton to be made public, to the end that the same
and every clause and article thereof may be oh
served and fulfilled with good faith, by the Unite
States and the citizens thereof
In WITNESS WHEREOF, l have hereunto set NJ
hand, and caused the seal of the United States t
he affixed
Done at the City of Washington, this eight
day of May, in the year of our Lor
one thousand eight hundred and forty-fvt
SEAL and of the Independence of the Unite
States the sixty -nilth.
JAMES K. POLK.
By the President: