« PředchozíPokračovat »
all claims upon a basis of absolute equity, without regard to objections of a technical nature, or of the provisions of local legislation.
The decisions of the commission, and in the event of their disagreement, those of the umpire, shall be final and conclusive. They shall be in writing. All awards shall be made payable in United States gold, or its equivalent in silver.
The commissioners, or umpire, as the case may be, shall investigate and decide said claims upon such evidence or information only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and consider all written documents or statements which may be presented to them by or on behalf of the respective Governments in support of or in answer to any claim, and to hear oral or written arguments made by the Agent of each Government on every claim. In case of their failure to agree in opinion upon any individual claim, the umpire shall decide.
Every claim shall be formally presented to the commissioners within thirty days from the day of their first meeting, unless the commissioners or the umpire in any case extend the period for presenting the claim not exceeding three months longer. The commissioners shall be bound to examine and decide upon every claim within six months from the day of its first formal presentation, and in case of their disagreement, the umpire shall examine and decide within a corresponding period from the date of such disagreement.
The commissioners and the umpire shall keep an accurate record of their proceedings. For that purpose, each commissioner shall appoint a secretary versed in the language of both countries, to assist them in the transaction of the business of the commission. Except as herein stipulated, all questions of procedure shall be left to the determination of the commission, or in case of their disagreement, to the umpire.
Reasonable compensation to the commissioners and to the umpire for their services and expenses, and the other expenses of said arbitration, are to be paid in equal moieties by the contracting parties.
In order to pay the total amount of the claims to be adjudicated as aforesaid, and other claims of citizens or subjects of other nations, the Government of Venezuela shall set apart for this purpose, and alienate to no other purpose, beginning with the month of March, 1903, thirty per cent. in monthly payments of the customs revenues of La Guaira and Puerto Cabello, and the payments thus set aside shall be divided and distributed in conformity with the decision of the Hague Tribunal.
In case of the failure to carry out the above agreement, Belgian officials shall be placed in charge of the customs of the two ports, and shall administer them until the liabilities of the Venezuelan Gov
ernment in respect to the above claims shall have been discharged. The reference of the question above stated to the Hague Tribunal will be the subject of a separate protocol.
All existing and unsatisfied awards in favor of citizens of the United States shall be promptly paid, according to the terms of the respective awards. Washington, D. C. February 17, 1903.
[SEAL HERBERT W. BOWEN. [SEAL]
duly appointed, but has not made its final award.
(SEE GERMAN EMPIRE.)
CONVENTION ABOLISHING DROIT D'AUBAINE AND TAXES ON
EMIGRATION. Concluded April 10, 1844; ratification advised by the Senate June 12, 1844; ratified by the President June 22, 1844; ratifications exchanged October 3, 1844; proclaimed December 16, 1844. (Treaties and Conventions, 1889, p. 1144.)
1. Taxes abolished.
V. Civil suits.
The United States of America and His Majesty the King of Wurttemberg having resolved, for the advantage of their respective citizens and subjects, to conclude a convention for the mutual abolition of the droit d'aubaine & 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 Wurttem. berg 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 & signed the following articles:
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 & subjects respectively.
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 & exempt from all duties of detraction.
The citizens or subjects of each of the contracting Parties shall have power to dispose of their personal property within the States of the other, by testament, donation, or otherwise, and their heirs, legatees, and donees, being citizens or subjects of the other contracting Party, shall succeed 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.
ART. 4. In case of the absence of the heirs, the same care shall be taken, provisionally, of such real or personal property, as would be taken in a like case of property belonging to the natives of the country until the lawful owner, or the person who has the right to sell the same according to Article 2, may take measures to receive or dispose of the inheritance.
ART. 5. 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.
ART. 6. All the stipulations of the present convention shall be obligatory in respect to property already inherited or bequeathed, but not yet withdrawn from the country where the same is situated at the signature of this convention.
ART. 7. This convention is concluded subject to the ratification of the President of the United States of America,-by & with the advice and consent of their Senate, and of His Majesty the King of Wurttemberg, and the ratifications thereof shall be exchanged at Berlin, within the term of twelve months from the date of the signature hereof, or sooner if possible.
În 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 & forty four, in the sixty eighth year of the Independence of the United States of America, and the twenty, eighth of the Reign of His Majesty the King of Wurttemberg.
[SEAL.] HENRY WHEATON
EXTRADITION. The King of Württemberg, October 13, 1853, acceded to the extradition Treaty of 1852 with Prussia and the States of the Germanic Confederation, page 648.
CONVENTION AS TO NATURALIZATION AND EXTRADITION. Concluded July 27, 1868; ratification advised by the Senate April 12,
1869; ratified by the President April 18, 1869; ratifications exchanged August 17, 1869; exchange of ratifications consented to by the Senate March 2, 1870; proclaimed March 7, 1870. (Treaties and Conventions, 1899, p. 1146.)
ARTICLES. I. Naturalization recognized.
IV. Renunciation of naturalization. II. Liability for prior offenses.
The President of the United States of America and His Majesty the King of Wurttemberg, led by the wish to regulate the citizenship of those persons, who emigrate from the United States of America to Wurttemberg, and from Wurttemberg 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 Wurttemberg:
His Minister of the Royal House and of Foreign Affairs, Charles, Baron Varnbüler, who have agreed to and signed the following articles:
Citizens of Wurttemberg who have become or shall become naturalized citizens of the United States of America and shall have resided uninterruptedly within the United States five years shall be held by Wurttemberg 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 Wurttemberg and shall have resided uninterruptedly within Wurttemberg five years shall be
treated as such.
The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization.
A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for 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.
The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between Wurttemberg and the United States the should dubbe1873. remains in force without change.
16nd June 1852.