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If a Wurttemberger naturalized in America, renews his residence in Wurttemberg without the intent to return to America, he shall be held to have renounced his naturalization in the United States.
Reciprocally: if an American naturalized in Wurttemberg renews his residence in the United States without the intent to return to Wurttemberg, he shall be held to have renounced his naturalization in Wurttemberg.
The intent 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.
The present convention shall go into effect immediately on the exchange of ratifications and shall continue in force for ten years.
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.
The present convention shall be ratified by His Majesty the King of Wurttemberg with the consent of the Chambers of the Kingdom and by the President by and with the advice and 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.1 GEO. BANCROFT.
Done at Stuttgart the 27. July, 1868. The undersigned met to day to sign the treaty agreed upon, in conformity with their respective full powers, relating to the citizenship of those persons, who emigrate from the United States of America to Wurttemberg and from Wurttemberg to the United States of America: on which occasion the following observations, more exactly defining and explaining the contents of this treaty were entered in the following protocol.
I.-Relating to the first article of the treaty:
1) It is of course understood that not the naturalization alone, but a five years' uninterrupted residence is also required, before a person can be regarded as coming within the treaty; but it is by no means requisite, that the five years' residence should take place after the naturalization.
Yet it is hereby agreed, that, if citizens of the one state become legally naturalized in the other state before they have resided there five years, the persons so naturalized from the moment of their naturalization, have to exercise all civil rights and are liable to all civil duties in the state into which they have been adopted.
2) The words: “resided uninterruptedly” are obviously to be understood, not of a continnal bodily presence, but in the legal sense; and therefore a transient absence, a journey or the like, by no means interrupts the period of five years contemplated by the first article.
II.- Relating to the second article of the treaty: On the side of Wurttemberg, it is agreed that all former Wurtembergers, who under the first article of this treaty are to be held as American citizens may, whether they have emigrated before or after the age of liability to military sery. ice, return to their original country, free from military duties and penalties and with a claim to the delivery of the property which may have been sequestered, with the exception of those Wurttemberg emigrants liable to military duty who have taken to flight:
1) After their enrolment in the active army and before their discharge from the same, or
2) after they
a) have been called into service with the class of their age or on occasion of placing the military force on a war footing, or b) have been present at a muster and been designated as a part of the contingent.
III.—Relating to the fourth article of the treaty It is agreed that the fourth article shall not receive the interpretation, that the naturalized citizen of the one state who returns to the other state, his original country, and there takes up his residence, does by that act alone recover his former citizenship; nor can it be assumed, that the state to which the emigrant originally belonged, is bound to restore him at once to his original relation. On the contrary it is only intended to be declared; that the emigrant so returning, is authorized to acquire the citizenship of his former country, in the same manner as other aliens in conformity to the laws and regulations which are there established. Yet it is left to his own free choice, whether he will adopt that course, or will preserve the citizenship of the country of his adoption. With regard to this choice, after a two years' residence in his original country he is bound if so requested by the proper authorities, to make a distinct declaration, upon which these authorities can come to a decision as the case may be, with regard to his being received again into citizenship or his further residence in the manner prescribed by law.
[SEAL.] Geo. BANCROFT.
TREATY AS TO DUTIES ON LIQUORS AND CONSULAR POWERS. Concluded July 3, 1886; ratification advised by the Senate, with amendments, April 12, 1888; ratified by the President April 20, 1888; ratifications exchanged June 29, 1888; proclaimed August 17, 1888. (Treaties and Conventions, 1889, p. 1209.)
I. Duty on liquors. II. Consular powers.
| III. Ratification.
The Government of the United States of America and His Highness Barghash bin Said Sultan of Zanzibar, being mutually desirous to confirm and strengthen the friendly relations which now subsist between the two countries by enlarging and defining the treaty stipulations already existing between them in virtue of the Treaty a concluded on the 21st of September 1833, corresponding to the sixth day of the moon called Jamada Alawel in the year of the Allhajia 1249, between the United States of America and His Majesty Seyed Syed bin Sultan of Muscat (and Sovereign of Zanzibar), which Treaty has continued in force as to Zanzibar, and its dependencies after the separation of Zanzibar from Muscat, and has been expressly accepted, ratified and confirmed by His said Highness Barghash bin Saiid, Sultan of Zanzibar on the 20th of October 1879, corresponding to the 4th Zulkaadi, 1296, have resolved to conclude an additional treaty to that end and have appointed as their Plenipotentiaries to wit:
The President of the United States of America, Frederic M. Cheney, Consul of the United States at Zanzibar, and His Highness the Sultan of Zanzibar his private secretary Mohamet Salim bin Mahommed Al Mavli, who having exhibited to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles.
Notwithstanding the provisions of Article III of the treaty abovementioned, by which no more than five per centum duties shall be paid on the cargo landed from vessels of the United States entering any port within His Highness the Sultan's dominions, spirits and spirituous liquors containing more than 20 per centum by volume of
a See Treaty of 1833, p. 570.
alcohol, when imported into the dominions of His Highness the Sultan from abroad in vessels of the United States shall be subject to an entry or import duty not exceeding 25 per centum ad valorem. Provided that no other or higher import duties shall be so levied and collected upon spirits carried to Zanzibar in vessels of the United States than are levied and collected upon like imports of spirits in the vessels of any other nation.
The Consuls of the United States appointed under the stipulations of the IXth article of the Treaty abovementioned, shall in addition to the rights, powers and immunities secured by said article, enjoy all the rights, privileges, immunities and jurisdictional powers which are now or inay hereafter be enjoyed by the Consuls and Consular Agents of the most favored nations and conversely, the Consuls and Consular Agents which His Ilighness the Sultan may appoint to reside in the United States shall have the treatment of Agents of like grade of the most favored nation.
This treaty shall be ratified and the ratifications exchanged at Zanzibar, as soon as possible.
Done in duplicate each copy being in the English and Arabic languages, at Zanzibar the third day of July 1886, corresponding to the thirtieth day of the moon called Ramajan in the year of the Hegira, 1303. FREDERIC M. CHENEY,
[SEAL] U. S. Consul. MOHAMET SALIM BIN MAHOMMED ALI MAVLI. (SEAL]
NOTE.-See treaties with Great Britain, made in behalf of Zanzibar, of May 31, 1902 (page 382), and June 5, 1903 (page 384).