estate within the territories of the one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all rights of detraction on the part of the government of the respective States. But this article shall not derogate in any manner from the force of the laws already published, or hereafter to be published, by His Majesty the King of Prussia, to prevent the emigration of his subjects."

This provision was included in terms in the Treaty of July 11, 1799, Art. X, the first treaty with Prussia after the adoption of the Constitution, and also in the Treaty of May 1, 1828, Art. XIV. It is still in force, the last treaty having been concluded for twelve years, but to be continued till after notice of twelve months. (United States Statutes at Large, vol. VIII, pp. 88, 166, 384.)

The other Treaties with German States are as follows:

(2) Convention with the Hanseatic Towns, Dec 20, 1827 :

The disposition in Art. VII as to real estate differs from the Prussian, as providing a definite period in which real estate is to be disposed of. It says: "If in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and exempt from all duties of detraction on the part of the government of the respective States." The treaty was for ten years, but to continue in force till after notice of twelve months. (Ib. vol. VIII, p. 370.)*

(3) The Treaty with Hanover, May 20, 1840, Art. VII has the same article in substance, except the clause as to emigration, as the treaty with Prussia. It was to continue for twelve years and till twelve months after notice to terminate it. (Ib. vol. VIII, p. 556.) The same provision is in the treaty of June 10, 1846, Art. X. (Ib. IX, p. 865.)

* See with regard to the two last treaties, the cases of the People v. Gerke, California Reports, Vol. V, p. 381, and that of Siamessan v. Bofer, ib. vol. VI, ib. p. 250, noticed on p. 46.)

(4 Treaty with Würtemberg, April 10, 1844.)

ARTICLE I.

Every kind of droit d'aubáine, 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, and subjects respectively.

ARTICLE II.

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, subject of the other, were he not dis qualified 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, and exempt from all duties of detraction.

ARTICLE III.

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.*

ARTICLE IV.

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 a right to sell the same, according to Article II, may take measures to receive or 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.

ARTICLE VI.

All the stipulations of the present Convention shall be obligatory in respect to property already inherited or bequeathed, but not yet

* [See Frederickson v. State of Louisiana, Howard's Reports, vol. XXIII, p. 446.]

withdrawn from the country where the same is situated at the signature of this Convention. (Ib. vol. VIII, p. 588.)

(5) The provisions in the Convention with Hesse-Cassel, March, 26, 1844, Articles I, II, III, IV, V and VI, are the same as to real estate, as in the Convention with Wurtemberg. (Ib. vol. IX, p. 818.)

(6) The same is the case as to the Convention with Bavaria, January 21, 1845, Articles I, II, IV, V, VI.* (Ib. vol. IX, p. 826.)

(7) Articles I, III, IV, V, VI, of the Convention with Saxony, May 14, 1845, are also the same, but the privileges in Art. II, in favor of alien heirs, in the other treaties, are extended to devisees by the insertion of the words "or where such real property has been devised by last will and testament to such citizen or subject." (Ib. vol. IX, p. 831.)

(8) Convention with Nassau, May 28, 1846, Articles I, II, III, IV, V and VI, is also the same as the Wurtemberg treaty. (Ib. p. 849.)

(9) The Treaty with Mecklenburg-Schwerin, December 9, 1847, is declared to be an accession to the treaty of June 10, 1846, with Hanover, and has the same clause as that treaty. (Ib. vol. IX, p. 919.) There was also an accession to the treaty with Hanover by Oldenberg, March 10, 1847. (Ib. vol. IX, p. 868.)

(10) In the Convention with Brunswick-Luneberg, August 21, 1854 (Ib. vol. IX, p. 602), the phrase is, such time as the law of the country will permit for disposing of the real estate is accorded to those to whom such property would descend either by the laws of the country or by testamentary disposition.

v.

CONVENTIONS WITH SPAIN, THE SOUTH AMERICAN STATES, AUSTRIA,

RUSSIA, SARDINIA, PORTUGAL, &C.

1 The treaty with Spain of October 27, 1795, Art. XI, confirmed by Art. XII, treaty of February 22, 1819, has the same stipulation as the Prussian treaty as to real estate, excluding the clause as to emigration. (United States Statutes at Large, Vol. VIII, pp. 144, 262.)

(1a) The Convention with Colombia, Oct. 3, 1824, Article X, contains the following clause: "And if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance, on account of their character as aliens, there shall be

* By Art. III of the original treaty, &c., "the citizens or subjects of each of the contracting parties shall have power to dispose of their (real and) personal property within the States of the other," &c., and "their heirs, &c., shall succeed to their said (real and) personal property." A note to the treaty, as published in the Statutes, says, "The words in parenthesis in the original treaty encircled in red." These words were stricken out by the Senate. (See Lawrence's Wheaton, ed. 1863, p. 167.)

granted to them the term of three years to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, and exempt from all rights of detraction on the part of the government of the respective States." This treaty was by its terms, Art. XXXI, for twelve years in all the parts relating to commerce and navigation; and in all those parts which relate to peace and friendship, it shall be, it is declared, permanently and perpetually binding. (Ib. vol. VIII, p. 310.) See Treaty with New Granada, Dec. 12, 1846, infra.

(2) The same provision as to real estate is inserted in the Treaty with Central America of Dec. 25, 1825 (ib. p. 326, and in the treaty with Brazil, Dec. 12, 1828, p. 392). The Mexican treaty of April 5, 1831, Art. XIII, only applies to the succession of personal property. (Ib. p. 414.)

(3) The Treaty with Austria, Aug. 27, 1829, Art. XI, is confined to personal property. (Ib. vol. VIII, p. 401.)

But the treaty with Austria of May 8, 1848, Art. II, provides: "Where, on the death of any person holding real property, or property not personal, 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 the laws of the country where such real property is situated, 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, and exempt from any other charges than those which may be imposed in like cases upon the inhabitants of the country from which such proceeds may be withdrawn." The treaty was made for two years, but to continue until after a notice of one year. (U. S. S. vol. IX, p. 944.)

The Austro-Hungarian Convention of July 11, 1870, contains no provision on this subject.

(4) Convention with Chili, July 4, 1831, Art. IX, p. 436, has the same clause as to real estate as that of Colombia, &c.

(5) Russia. The following is the clause as to real estate in the treaty Dec. 6-18, 1832, with Russia: " And where, on the death of any person holding real estate, within the territories of one of the high contracting parties, such real estate would, by the laws of the land, descend on a citizen or subject of the other party, who by reason of alienage may be incapable of holding it, he shall be allowed the time fixed by

the laws of the country, and in case the laws of the country actually in force may not have fixed any such time, he shall then be allowed a reasonable time to sell such real estate, and to withdraw and export the proceeds without molestation and without paying to the profit of the respective governments any other dues than those to which the inhabitants of the country wherein said real estate is situated shall be subject to pay, in like cases. But this article shall not derogate, in any manner, from the force of the laws already published, or which may hereafter be published by His Majesty, the emperor of all the Russias, to prevent the emigration of his subjects. (Ib. p. 450.)

(6) In the Treaty of Jan. 20, 1836, with Venezuela, Art. XII, is the same clause as in the treaty with Colombia. (Ib. p. 472.)

But in the treaty of Aug. 27, 1860, Art. V, the provision as to real estate is thus phrased: "When, on the decease of any person holding real estate within the territory of one party, such real estate would, by the law of the land, descend on a citizen of the other were he not disqualified by alienage, the longest term which the laws of the country in which it is situated will permit shall be accorded to him to dispose of the same; nor shall he be subjected in doing so to higher or other dues than if he were a citizen of the country wherein such real estate is situated. (United States Treaties, Vol. XII, p. 1146.)

(7) The convention, Nov. 13, 1836, with Peru-Bolivia, is the same as that of Colombia. (United States Statutes at Large, vol. VIII, p. 489.)

(8) In the Treaty, Nov. 26, 1838, Art. XVIII, with Sardinia, the clause as to real estate is: "And where on the death of any person holding real estate within the territories of one of the contracting parties such real estate would, by the laws of the land, descend on a citizen or subject of the other party, who, by reason of alienage, may be incapable of holding it, he shall be allowed a reasonable time to sell such real estate, and to withdraw and export the proceeds without molestation, and without paying to the profit of the respective governments any other dues, taxes, or charges than those to which the inhabitants of the country wherein said real estate is situated shall be subject to pay in like cases. (United States Statutes at Large, vol. VIII, p. 520.)

(9) The clause in Treaty, June 13, 1839, with Ecuador, Art. XII, as to real estate, is the same as in the convention with Colombia. (Ib.