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non-fulfillment of military duty: 1st. If he has emigrated, after having been drafted at the time of conscription, and thus having become e rolled as a recruit for service in the standing army. 2d. If he has egrated while he stood in service under the flag, or had a leave of absence only for a limited time. 3d. If, having a leave of absence for an unlim ited time, or belonging 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 citizen of the Austro-Hungarian Monarchy, naturalized in the United States, who by, or after, his emigration has transgressed the legal provisions on military duty by any acts or omissions other than those above enumerated in the clauses numbered one, two, and 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.

1672. ARTICLE III.

The convention for the mutual delivery of criminals, fugitives from justice, concluded on the 30 July, 1856, between the Gvernment of the United States of America on the one part and the Austro-Hungarian Monarchy on the other part, as well as the additional convention, signed on the 8th of May, 1848, to the treaty of commerce and navigation concluded between the said Governments on the 27th of August, 1839, and especially the stipulations of Article IV of the said additional convention concerning the delivery of the deserters from the ships of war and merchant-vessels, remain in force without change.

1673. ARTICLE IV.

The emigrant from the one State, who, according to Article I, is to be held as a citizen of the other State, shall not, on his return to his orig. inal country, be constrained to resume his former citizenship; yet, if he shall of his own accord reacquire it, and renounce the citizenship obtained by naturalization, such a renunciation is allowable, and no fixed period of residence sball be required for the recognition of his recovery of citizenship in his original country.

1674. ARTICLE V.

The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force ten years. If ither party shall have given to the other six months' previous notice its intention then to terminate the same, it shall further remain in ice until the end of twelve months after either of the contracting rties shall have given notice to the other of such intention.

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BADEN.

Convention concluded July 19, 1868.

1675. ARTICLE I. Citizens of the Grand Duchy of Baden, who have resided uninteraptedly within the United States of America five years, and before, uring, or after that time have become, or shall become, naturalized itizens of the United States, shall be held by Baden to be American itizens, and shall be treated as such. Reciprocally, citizens of the Jnited States of America, who have resided uninterruptedly within the Brand Duchy of Baden five years, and before, during, or after that time lave 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 2 citizen of the one or the other country has not for either party the effect of naturalization.

1676. 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 duty

1. 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 belonging to the reserve or to the militia, he has grated 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 traps gress 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 sabse quently to military service nor remain liable to trial and punishmeat 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.

1677. ARTICLE III.

The convention for the mutual delivery of criminals, fugitives from justice, concluded between the Grand Duchy of Baden on the one part. and the United States of America on the other part, the thirtieth day si January, one thousand eight hundred and fifty-seven, remains in fore. without change.

1678. 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 reacquire 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.

1679. ARTICLE V.

The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force ten years. If neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall remain in force until the end of twelve months after either of the contracting parties shall have given notice of such intention.

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BAVARIA.

Convention concluded May 26, 1868.

1680. ARTICLE I. Citizens of Bavaria who have become, or shall become, naturalized izens of the United States of America, and shall have resided uninterptedly within the United States for five years, shall be held by Bavaria be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who have beme, or shall become, naturalized citizens of Bavaria, and shall have sided uninterruptedly within Bavaria five years, shall be held by the nited States to be Bavarian citizens, and shall be treated as such. The declaration of an intention to become a citizen of the one or the her country has not for either party the effect of naturalization.

1681. ARTICLE II.

A naturalized citizen of the one party on return to the territory of the ther party remains liable to trial and punishment for an action punhable by the laws of his original country, and committed before his migration, saving always the limitation established by the laws of his riginal country, or any other remission of liability to punishment.

1682. ARTICLE III. The convention for the mutual delivery of criminals, fugitives from ustice, in certain cases, concluded between the United States on the ne part, and Bavaria on the other part, the twelfth day of September, ne thousand eight hundred and fifty-three, remains in force without hange.

1683. ARTICLE IV. If a Bavarian, naturalized in America, renews his residence in Bavaria, vithout the intent to return to America, he shall be held to have enounced his naturalization in the United States. Reciprocally, if an Amercian, naturalized in Bavaria, renews his residence in the United States, without the intent to return to Bavaria, he shall be held to have renounced his naturalization in Bavaria. 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.

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1684. ARTICLE V. The present convention shall go into effect immediately on the exchange of ratification, and shall continue in force for ten years. If neither party shall have given to the other six months' previous notice of its intentica then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention.

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1685. PROTOCOL.

Done at Munich, the 26th May, 1868. The undersigned met to-day to sign the treaty agreed upon in conform ity with their respective full powers, relating to the citizenship of these persons who emigrate from Bavaria to the United States of America, and from the United States of America to Bavaria; on which occasion the following observations, more exactly defining and explaining the con tents of this treaty, were entered in the following protocol:

1686. RELATING TO THE FIRST ARTICLE OF THE TREATY.

1. Inasmuch as the copulative “and” is made use of, it follows, of course, that not the naturalization alone, but an additional five years uninterrupted residence is required, before a person can be regarded as coming within the treaty; but it is by no means requisite that the fire years' residence should take place after the naturalization. It is hereby further understood that if a Bavarian has been discharged from his Bavarian indigenate, or, on the other side, if an American has been discharged from his American citizenship in the manner legally prescribed by the Government of his original country, and then acquires naturalization in the other country in a rightful and perfectly valid manner, then an additional five years' residence shall no longer be required, but a person so naturalized shall, from the moment of his naturalization be held and treated as a Bavarian, and, reciprocally, as an American citizen.

2. The words “resided uninterruptedly" are obviously to be understood, not of a continued 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.

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