or establish such regulations concerning the traffic thereupon as are contrary to the spirit and intention of this article, either by making unfair discriminations in favor of the commerce of any nation or nations over the commerce of any other nation or nations, or by imposing oppressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise, or other articles. The aforesaid protection and guarantee shall not however be withdrawn by the United States without first giving six months' notice to the Republic of Honduras. ARTICLE XV. The present treaty shall be ratified, and the ratifications shall be exchanged at Comayagua within the space of one year, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto their respective seals. Done at Comayagua this fourth day of July, in the year of our Lord, one thousand eight hundred and sixty four.. ITALY. 1868. CONSULAR CONVENTION. Concluded February 8, 1868; ratification advised by the Senate June 17, 1868; ratified by the President June 22, 1868; ratifications exchanged September 17, 1868; proclaimed February 23, 1869. (Treaties and Conventions, 1889, p. 573.) This convention, consisting of seventeen articles, was superseded by the Convention of 1878 upon the exchange of ratifications September 17, 1878. (See page 457.) 1868. EXTRADITION CONVENTION.a Concluded March 23, 1868; ratification advised with an amendment by the Senate June 17, 1868; ratified by the President June 22, 1868; ratifications exchanged September 17, 1868; proclaimed September 30, 1868. (Treaties and Conventions, 1889, p. 578.) I. Delivery of accused. II. Extraditable crimes. III. Political offenses. IV. Persons under arrest. ARTICLES. V. Procedure. VI. Expenses. VII. Duration; ratification. The United States of America, and His Majesty the King of Italy, having judged it expedient, with a view to the better administration of justice, and to the prevention of crimes within their respective territories and jurisdiction, that persons convicted of or charged with the crimes hereinafter specified, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries: The President of the United States, William H. Seward, Secretary of State. His Majesty the King of Italy, the Commander Marcello Cerruti, Envoy Extraordinary and Minister Plenipotentiary who, after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, to wit: ARTICLE I. The Government of the United States, and the Government of Italy mutually agree to deliver up persons who, having been convicted of, or charged with, the crimes specified in the following article, committed within the jurisdiction of one of the contracting Parties, shall a Federal case: In re De Giacoma, 12 Blatch., 391. seek an asylum, or be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality, as, according to the laws of the place where the fugitive or person so charged shall be found would justify his or her apprehension, and commitment for trial, if the crime had been there committed. ARTICLE II.a Persons shall be delivered up, who shall have been convicted of, or be charged according to the provisions of this Convention, with any of the following crimes: I. Murder, comprehending the crimes designated in the Italian penal code, by the terms of parricide, assassination, poisoning and infanticide. II. The attempt to commit murder. III. The crimes of rape, arson, piracy and mutiny on board a ship, whenever the crew or part thereof by fraud or violence against the commander, have taken possession of the vessel. IV. The crime of burglary, defined to be the action of breaking and entering by night into the house of another with the intent to commit felony, and the crime of robbery, defined to be the action of feloniously and forcibly taking from the person of another, goods or money, by violence or putting him in fear. V. The crime of forgery, by which is understood the utterance of forged papers, the counterfeiting of public, sovereign or Government acts. VI. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank notes and obligations, and in general of any title and instrument of credit whatsoever, the counterfeiting of seals, dies, stamps and marks of state and public administrations and the utterance thereof. VII. The embezzlement of public moneys committed within the jurisdiction of either party, by public officers or depositors. VIII. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment." ARTICLE III. The provisions of this treaty shall not apply to any crime or offence of a political character, and the person or persons delivered up for the crimes enumerated in the preceding article shall in no case be tried for any ordinary crime committed previously to that for which his or their surrender is asked. ARTICLE IV. If the person whose surrender may be claimed pursuant to the stipulations of the present treaty, shall have been arrested for the commission of offences in the country where he has sought an asylum, or shall have been convicted thereof, his extradition may be deferred, until he shall have been acquitted, or have served the term of imprisonment to which he may have been sentenced. a See Convention of 1884, p. 464. ARTICLE V. Requisitions for the surrender of fugitives from justice shall be made by the respective Diplomatic agents of the contracting Parties, or in the event of the absence of these from the country, or its seat of Government, they may be made by superior Consular officers. If the person whose extradition may be asked for shall have been convicted of a crime, a copy of the sentence of the Court in which he may have been convicted, authenticated under its seal, and an attestation of the official character of the Judge by the proper Executive authority, and of the latter by the Minister or Consul of the United States or of Italy respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime may have been committed, or of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The President of the United States, or the proper Executive authority in Italy, may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided, that, according to law and the evidence the extradition is due pursuant to the treaty, the fugitive may be given up according to the Jorms prescribed in such cases." ARTICLE VI. The expenses of the arrest, detention and transportation of the persons claimed, shall be paid by the Government in whose name the requisition shall have been made. ARTICLE VII. This Convention shall continue in force during five (5) years from the day of exchange of ratifications, but if neither party shall have given to the other six (6) months previous notice of its intention to terminate the same, the Convention shall remain in force five years longer and so on. The present Convention shall be ratified, and the ratifications exchanged at Washington, within six (6) months, and sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals. Done at Washington the Twenty third day of March A. D. one thousand eight hundred and sixty eight, and of the Independence of the United States the ninety second. [SEAL. [SEAL. WILLIAM H. SEWARD. 1869. CONSULAR CONVENTION. Concluded January 21, 1869; ratification advised by the Senate February 16, 1869; ratified by the President February 24, 1869; ratifications exchanged May 7, 1869; proclaimed May 11, 1869. (Treaties and Conventions, 1889, p. 577.) This was an article extending the time for the exchange of the ratifications of the Consular Convention of 1868. 1869. CONVENTION ADDITIONAL TO EXTRADITION CONVENTION, 1868. Concluded January 21, 1869; ratification advised by the Senate February 16, 1869; ratified by the President February 23, 1869; ratifications exchanged May 7, 1869; proclaimed May 11, 1869. (Treaties and Conventions, 1889, p. 580.) ADDITIONAL ARTICLE RELATING TO THE CRIME OF EMBEZZLEMENT." It is agreed that the concluding paragraph of the second Article of the Convention aforesaid shall be so amended as to read as follows: 8. Embezzlement by any person or persons hired or salaried, to the detriment of their employers when these crimes are subject to infamous punishment according to the laws of the United States, and criminal punishment according to the laws of Italy. In witness whereof the respective Plenipotentiaries have signed the present Article in duplicate and have affixed thereto the seal of their arms. Done at Washington the 21st day of January, 1869. SEAL. SEAL. 1871. TREATY OF COMMERCE AND NAVIGATION. Concluded February 26, 1871; ratification advised by the Senate April 15, 1871; ratified by the President April 29, 1871; ratifications exchanged November 18, 1871; proclaimed November 23, 1871. (Treaties and Conventions, 1889, p. 581). The United States of America and His Majesty the King of Italy, desiring to extend and facilitate the relations of commerce and navigation between the two countries, have determined to conclude a a See Article II, p. 447. Federal case: Cantini v. Tillman, 54 Fed. Rep., 969; Storti v. Massachusetts, 183 U. S., 138. S. Doc. 318, 58-2-29 |