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grating from Bavaria before the fulfillment of their military duty, can not be admitted to a permanent residence in the land till they shall have become thirty-two years old, is not affected by the treaty. But yet it is established and agreed that by the expression “permanent residence" used in the said article, the above described emigrants are not forbidden to undertake a journey to Bavaria, for a less period of time and for definite purposes, and the royal Bavarian government moreover cheerfully declares itself ready, in all cases in which the emigration has plainly taken place in good faith, to allow a mild rule in practice to be adopted.
2. It is hereby agreed that when a Bavarian, naturalized in America, and reciprocally an American naturalized in Bavaria, takes up his abode once more in his original country, without the intention of return to the country of his adoption, he does by no means thereby recover his former citizenship; on the contrary, in so far as it relates to Bavaria, it depends on His Majesty, the King, whether he will, or will not in that event grant the Bavarian citizenship anew.
The article fourth shall accordingly have only this meaning, that the adopted country of the emigrant cannot prevent him from acquiring once more his former citizenship; but not that the state to which the emigrant originally belonged is bound to restore him at once to his original relation.
On the contrary, the citizen naturalized abroad must first apply to be received back into his original country in the manner prescribed by its laws and regulations, and must acquire citizenship anew, exactly like any other alien.
But 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.
The two plenipotentiaries give each other mutually the assurance that their respective governments, in ratifying this treaty, will also regard as approved, and will maintain the agreements and explanations contained in the present protocol, without any further formal ratification of the same.
(The name of George Bancroft, with his seal, is attached to the English version of the protocol, and that of Dr. Otto Fhr. Von Volderndorff, with his seal, to the German.)
(Treaties, 1868, p. 147.)
(3.) CONVENTION WITH BADEN,
CONCLUDED JULY 19, 1868.
Citizens of the Grand Duchy of Baden, who have resided uninterruptedly within the United States of America five years, and before, during, or after that time have become, or shall become, naturalized citizens of the United States, shall be held by Baden to be American citizens, and shall be treated as such. Reciprocally: citizens of the United States of America, who have resided uninterruptedly within the Grand Duchy of Baden five years, and before, during, or after that time have become, or shall become, naturalized citizens of the Grand Duchy of Baden, shall be held by the United States to be citizens of Baden, and 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.
ARTICLE II. 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. In particular, a former Badener who, under the first article, is to be held as an American citizen, is liable to trial and punishment according to the laws of Baden for non-fulfillment of military duty1. If he has emigrated after he, on occasion of the draft from
those owing military duty, has been enrolled as a recruit
for service in the standing army. 2. If he has emigrated while he stood in service under the flag, or
had a leave of absence only for a limited time. 3. If, having a leave of absence for an unlimited time, or belong
ing to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearance, or after war has broken
out. On the other hand, a former Badener, naturalized in the United States, who, by or after his emigration, has transgressed, or shall transgress the legal provisions on military duty by any acts or omissions other than those above enumerated, in the clauses numbered one to three, can, on his return to his original country, neither be held subsequently to military service, nor remain liable to trial and punishment for the non-fulfillment of his military duty. Moreover, the attachment on the property of an emigrant for non-fulfillment of his military duty, except in the cases designated in the clauses numbered one to three, shall be removed so soon as he shall prove
his naturalization in the United States according to the first article.
ARTICLE IV. The emigrant from the one state, who, according to the first article, is to be held as a citizen of the other state, shall not on his return to his original country be constrained to resume his former citizenship; yet, if he shall of his own accord re-acquire it, and renounce the citizenship obtained by naturalization, such a renunciation is allowed, and no fixed period of residence shall be required for the recognition of his recovery of citizenship in his original country.
(United States Treaties, 1870, p. 329.)
(4.) CONVENTION WITH HESSE-DARMSTADT,
CONCLUDED AUGUST 1, 1868, For the portion of the Grand Duchy not then included in the North
Preamble Accords with the North German and other Treaties.
The same as the treaty with Bavaria.
The same as the North German treaty.
Extradition treaty of the 16th of June, 1852, to remain in force.
ARTICLES IV. AND V. The same as the North German treaty.
(United States Treaties, 1870, p. 337.)
(5.) CONVENTION WITH WÜRTEMBERG,
CONCLUDED JULY 27, 1868.
The Preamble Accords with the Preceding Treaties.
ARTICLES I. AND II. The same as the treaty with Bavaria.
Extradition convention of 16th June, 1852, to remain in force.
ARTICLES IV. AND V.
The same as the North German and Bavarian treaties.
(United States Treaties, 1870, p. 333.)
CONVENTION WITH MEXICO,
CONCLUDED JULY 10, 1868.
Those citizens of the United States who have been made citizens of the Mexican republic by naturalization, and have resided without interruption in Mexican territory five years, shall be held by the United States as citizens of the Mexican republic, and shall be treated as such. Reciprocally: citizens of the Mexican republic who have become citizens of the United States, and who have resided uninterruptedly in the territory of the United States for five years, shall be held by the republic of Mexico as citizens of the United States, and 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. This article shall apply as well to those already naturalized in either of the countries contracting, as to those hereafter naturalized.
Naturalized citizens of either of the contracting parties, on return to the territory of the other, remain liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration; saving, always, the limitations established by his original country.
ARTICLE III. The convention for the surrender, in certain cases, of criminals, fugitives from justice, concluded between the United States of America of the one part, and the Mexican republic on the other part, on the eleventh day of December, one thousand eight hundred and sixty-one, shall remain in full force without any alteration.
ARTICLE IV. If a citizen of the United States, naturalized in Mexico, renews his residence in the United States without the intent to return to Mexico, he shall be held to have renounced his naturalization in Mexico. Reciprocally: If a Mexican, naturalized in the United States, renews his residence in Mexico, without the intent to return to the United States, he shall be held to have renounced his naturalization in the United States.
The intent not to return may be held to exist when the person naturalized in the one country resides in the other country more than two years, but this presumption may be rebutted by evidence to the contrary.
ARTICLE V. (The provision as to the duration of the treaty is the same as in the preceding conventions.)
(United States Treaties, 1870, p. 233.)