Page:United States Statutes at Large Volume 18 Part 2c.djvu/46

 BADEN, 1868. 39 ship of those persons who emigrate from Baden to the United States of America, and from the United States of America to the territory of the Grand Duchy_, have resolved to treat on this ubjeet, and have thr that purpose appointed Plenipotentiaries. that is to say: 1`he President of the United States of America, George Bancroft, Negotintom. Envoy Extraordinary and Minister Plenipotentiary trom the said States near the Grand Duke of Baden; and His Royal Highness the Grand Duke of Baden, his President of the Ministry of the Grand—Ducal House and of Foreign Atlairs and Chamberlain, Rudolph von Freydorf ; Who have agreed to and signed the tollowing articles: Auricmr I. Citizens of the Grand Duchy of Baden, who have resided nninterrupt- \Vho to be deemedly within the United States of America five years, and before, during, ed Mwrnlized citior 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. Reeiproeally, 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 Eifeetofdeelampr the other country has not for either party the effect of naturaliza- *i°¤ °f i¤*°¤*·i¤¤· ion. Aarrcm I1. A naturalized citizen of the one party, on return to the territory of Otfensoooornmitthe other party, remains liable to trial and punishment for an action :93 b°f°'° °'“‘¤'°‘ punishable by the laws of his original country, and committed before°' his emigration, saving alway 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 tirst article, is to be held as an American citizen, is liable to trial and punish ment according to the laws of Baden for non-fulfilment of military duty- 1. If he has emigrated after he, on occasion of the draft from those _ Violation of milowing military duty, has been enrolled as a recruit for service in the lt"! l'""- standing army. 2. lf he has emigrated whilst 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 'emigrated after having received a call into service, or after a public proclamation requiringhis 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 originalkcountry, neither be held subsequently to military service nor remain liable to trial and punishment for the non-fuliillment of his military duty. Moreover, the_ attachment on the property of an emigrant for non—fultilment of his military duty, except in the cases designated in the clauses numbered one to three, shall be removed_ o soon as he shall prove his naturalization in the United States according to the first article. Anrrcm III. The convention for the mutual delivery of criminals, fugitives from Convention of justice, concluded between the Grand Duchy of Baden on the one part, g33Q ¤'¤¤¤·¤¤• *¤ und the United States of America on the other part, the thrrtieth day [Su Pp_ 3,,38, of January, one thousand eight hundred and fifty-seven, remains in force without change.