46 PUBLIC TREATIES. from the United States of America to Bavaria; on which occasion the following observations, more exactly delinrng_and explaining the contents of this treaty, were entered in the following protocol: I. RELATING TO THE FIRST ARTICLE on THE TREAT?. What is required 1. Inasmuch as the copulative ‘*and" is made use_of, it follows, of tc¤<3¤¤¤it¤4¤5>¤¤¤i>· course, that not the naturalization alone, but an additional live years “"‘1’“°d °‘*‘"“· 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 live 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. Mssningorwords 2. The words “ resided uninterruptedly” are obviously to be under- "*‘°¤id°d,,“¤i¤*°’· stood, not of a continual bodily presence, but in the legal sense; and '“Pt°m" therefore a transient absence, a journey, or the like, by no means interrupts the period of five years contemplated by the first article. II. RELATING TO THE SECOND ARTICLE OF THE TREATY. No punishment 1. It is expressly agreed that a person who, under the first article, is M ¢¤¤i8¤‘¤¤i<>¤- to be held as an adopted citizen of the other State, on his return to his original country cannot be made punishable for the act of emigration itself, not even though at a later day he should have lost his adopted citizenship. IIL RELATING TO ARTICLE FOUR OE THE TREATY. Rights of resi- 1. It is agreed on both sides that the regulative powers granted to d°”* •“°"'- 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 cannot be admitted to a permanent residence in the land till they shall have become _ 32 years old, is not affected by the treaty. But yet it is established and u M¤¤¤¤¤8 <;f*·¤'¤!¤ agreed, that by the expression “ permanent residence " used in the said d,£,°°':},“°“ “’°" article, the above described emigrants are not forbidden to undertake n 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. fog.: m'i:¤{b;>‘f 2. It is hereby agreed that when a Bavarian naturalized in America, l' 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.
