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1687. II. RELATING TO THE SECOND ARTICLE OF THE TREATY. 1. It is expressly agreed that a person who, under the first article, is be held as an adopted citizen of the other state, on his return to his iginal country cannot be made punishable for the act of emigration elf, not even though at a later day he should have lost his adopted tizenship.
1688. III. RELATING TO THE FOURTH ARTICLE OF THE TREATY.
1. It is agreed on both sides that the regulative powers granted to the wo Governments, respectively, by their laws for protection against resient aliens, whose residence endangers peace and order in the land, are ot affected by the treaty. In particular the regulation contained in the econd clause of the tenth article of the Bavarian military law of the 30th f January, 1868, according to which Bavarians emigrating from Bavaria before the fulfillment of their military duty cannot be admitted to a pernanent residence in the land till they shall have become 32 years old, is not affected by the treaty. But yet it is established and agreed that, by he expression “permanent residence" used in the said article, the abovelescribed 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.
Convention concluded November 16, 1868.
1689. ARTICLE I.
Citizens of the United States who may or shall have been naturalized in Belgium will be considered by the United States as citizens of Belgium. Reciprocally, Belgians who may or who shall have been natiralized in the United States will be considered by Belgium as citizens of the United States.
1690. ARTICLE II.
Citizens of either contracting party, in case of their return to their original country, can be prosecuted there for crimes or misdemeanors committed before naturalization, saving to them such limitations as are established by the laws of their original country.
1691. ARTICLE III.
Naturalized citizens of either contracting party, who shall have resided five years in the country which has naturalized them, cannot be held to the obligation of military service in their original country, or to incidental obligation resulting therefrom, in the event of their return to it, except in cases of desertion from organized and embodied military or naval service, or those that may be assimilated thereto by the laws of that country.
1692. ARTICLE IV. Citizens of the United States naturalized in Belgium shall be considered by Belgium as citizens of the United States when they shall have recovered their character as citizens of the United States, according to the laws of the United States. Reciprocally, Belgians naturalized in the United States shall be considered as Belgians by the United States when they shall have recovered their character as Belgians according to the laws of Belgium.
1693. ARTICLE V.
The present convention shall enter into execution immediately after e exchange of ratifications, and shall remain in force for ten years. , at the expiration of that period, neither of the contracting parties all have given notice six months in advance of its intention to termiate the same, it shall continue in force until the end of twelve months fter one of the contracting parties shall have given notice to the other such intention,
Citizens of the United States of America who have become, or shall become, and are naturalized, according to law, within the Kingdom of Denmark, as Danish subjects shall be held by the United States of America to be in all respects and for all purposes Danish subjects, and shall be treated as such by the United States of America.
In like manner Danish subjects who have become, or shall become, and are naturalized, according to law, within the United States of America as citizens thereof, shall be held by the Kingdom of Denmark to be in all respects and for all purposes as citizens of the United States of America, and shall be treated as such by the Kingdom of Denmark.
1695. ARTICLE II.
If any such citizen of the United States, as aforesaid, naturalized within the Kingdom of Denmark as a Danish subject, should renew his residence in the United States, the United States Government may, on his application, and on such conditions as that Government may see fit to impose, reaåmit him to the character and privileges of a citizen of the United States, and the Danish Government shall not, in that case, claim him as a Danish subject on account of his former naturalization.
In like manner, if any such Danish subject, as aforesaid, naturalized within the United States as a citizen thereof, should renew his residence within the Kingdom of Denmark, his Majesty's Government may, s his application, and on such conditions as that Government may third fit to impose, readmit him to the character and privileges of a Dars subject, and the United States Government shall not, in that case claim him as a citizen of the United States on account of his forme naturalization.
1696. ARTICLE III.
If, however, a citizen of the United States naturalized in Denmar shall renew his residence in the former country without the intent : return to that in which he was naturalized, he shall be held to hani renounced his naturalization.
In like manner, if a Dane naturalized in the United States shall rener his residence in Denmark without the intent to return to the forme country, he shall be held to have renounced his naturalization in thi United States.
The intent not to return may be held to exist when a person natural ized in the one country shall reside more than two years in the other country.
1697. ARTICLE IV.
The present convention shall go into effect immediately on or after the exchange of the ratifications, and shall continue in force for ten years If neither party shall have given to the other six month's,previous 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 contracting par. ties shall have given notice to the other of such intention.
Each of the two republics shall recognize as naturalized citizens of the other those persons who shall have been therein duly naturalized, after having resided uninterruptedly in their adopted country as long as may be required by its constitution or laws.
This article shall apply as well to those already naturalized in the untries of either of the contracting parties as to those who may be reafter naturalized.
1699. ARTICLE II. If a naturalized citizen of either country shall renew his residence in lat where he was born, without an intention of returning to that where e was naturalized, he shall be held to have reassumed the obligations f his original citizenship, and to have renounced that which he had btained by naturalization.
1700. ARTICLE III.
A residence of more than two years in the native country of a naturalzed citizen shall be construed as an intention on his part to stay there without returning to that where he was naturalized. This presumption, however, may be rebutted by evidence to the contrary.
1701. ARTICLE IV.
Naturalized citizens of either country, on returning to that where they were born, shall be subject to trial and punishment according to the laws, for offenses committed before their immigration, saving always the limitations established by law.
1702. ARTICLE V.
A declaration of intention to become a citizen shall not have the effect of naturalization.
1703. ARTICLE VI.
The present convention shall gointo effect immediately on the exchange of ratifications, and it shall remain in full force for ten years. If neither of the contracting parties shall give notice to the other six months previously of its intention to terminate the same, it shall further remain in force until twelve months after either of the contracting parties shall have given notice to the other of such intention.
[See also BADEN, BAVARIA, HESSE DARMSTADT, WÜRTTEMBERG. ]