CONVENTION WITH HESSE CASSEL CONCLUDED AT BERLIN MARCH 26, 1844; RATIFICATION ADVISED BY SENATE JUNE 12, 1844; RATIFIED BY PRESIDENT JUNE 22, 1844; RATIFICATIONS EXCHANGED AT BERLIN OCTOBER 16, 1844; TIME FOR EXCHANGE OF RATIFICATIONS EXTENDED TO JULY 4, 1845, AND EXCHANGE OF THEM PREVIOUS THERETO DECLARED REGULAR BY SENATE JANUARY 13, 1845; PROCLAIMED MAY 8, 1845.
Convention for the mutual abolition of the droit d’aubaine and taxes on migration between the United States of America and the Grand Duchy of Hesse.
Contracting parties. The United States of America, on the one part, and His Royal Highness the Grand Duke of Hesse, on the other part, being equally desirous of removing the restrictions which exist in their territories upon the acquisition and transfer of property by their respective citizens and subjects, have agreed to enter into negotiation for this purpose.
Negotiators. For the attainment of this desirable object the President of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of Prussia, and His Royal Highness the Grand Duke of Hesse, upon Baron Schaeffer-Bernstein, his Chamberlain, Colonel,Aide-de-Camp, and Minister Resident near His Majesty the King of Prussia:}}
Who,after having exchanged their said full powers, found in due and proper form, have agreed to the following articles:
Droit d'aubaine, &c., abolished Every kind of droit d’aubaine, droit de retraite, and droit de détraction, or tax on emigration, is hereby, and shall remain, abolished, between the two contracting parties, their States, citizens, and subjects respectively.
Heirs to real property. Where, on the death of any person holding real property within the territories of one party, such real property would, by the laws of the land, descend on a subject or citizen of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a term of two years to sell the same, which term may be reasonably prolonged, according to circumstances, and to withdraw the proceeds thereof, without molestation, and exempt from all duties of detraction on the part of the Government of the respective States.
Disposal and inheritance of personal property. The citizens or subjects of each of the contracting parties shall have power to dispose of their personal property within the States of the other, by testament, donation, or otherwise; and their heirs, being citizens or subjects of the other contracting party, shall succeed to their said personal property, whether by testament or ab intestato, and may take possession thereof, either by themselves or by other acting for them, and dispose of the same at their pleasure paying such duties only as the inhabitants of the country where the said property lies shall be liable to pay in like cases.