PROTOCOL. Done at Munich, the 26th May, 1868. The undersigned met to-day to sign the treaty agreed upon in conformity with their respective full powers, relating to the citizenship of those 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 contents of this treaty, were entered in the following protocol: I. 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 five 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. 5233-29 II. RELATING TO THE SECOND ARTICLE OF THE TREATY. 1. It is expressly agreed, that a person who, under the first article, is to be held as an adopted citizen of the other state, on his return to his original country can not be made punishable for the act of emigration itself, not even though at a later day he should have lost his adopted citizenship. III. RELATING TO ARTICLE FOUR OF THE TREATY. 1. It is agreed on both sides, that the regulative powers granted to the two governments respectively, by their laws for protection against resident aliens, whose residence endangers peace and order in the land, are not affected by the treaty. In particular the regulation contained in the second clause of the tenth Article of the Bavarian military law of the 30th of January, 1868, according to which Bavarians emigrating from Bavaria before the fulfilment 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 can not 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. [SEAL.] [SEAL.] GEORGE BANCROFT. DR. OTTO FHR. VON VÖLDERNDORFF. CONVENTION BETWEEN THE UNITED STATES AND BELGIUM. [16 Stat. at L. 747]. Concluded November 16, 1868; Ratifications Exchanged July 10, 1869; Proclaimed July 30, 1869. 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 naturalized in the United States will be considered by Belgium as citizens of the United States. 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. ARTICLE III. Naturalized citizens of either contracting party who shall have resided five years in the country which has naturalized them, can not 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. 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. ARTICLE V. The present convention shall enter into execution immediately after the exchange of ratifications, and shall remain in force for ten years. If, at the expiration of that period, neither of the contracting parties shall have given notice six months in advance of its intention to terminate the same, it shall continue in force until the end of twelve months after one of the contracting parties shall have given notice to the other of such intention. ARTICLE VI. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate, and by his Majesty the King of the Belgians, with the consent of Parliament, and the ratifications shall be exchanged at Brussels within twelve months from the date hereof, or sooner if possible. In witness whereof, the respective plenipotentiaries have signed the same, and affixed there to their seals. Made in duplicate at Brussels, the sixteenth of November, one thousand eight hundred aud sixty-eight. H. S. SANFORD. [SEAL.] [SEAL.] JULES VANDER STICHELEN. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND DENMARK [17 Stat. at L. 941]. Concluded July 20, 1872; Ratified January 22, 1873; Ratifications Exchanged March 14, 1873; Proclaimed April 15, 1873. ARTICLE I. 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, |