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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This convention, consisting of seventeen articles, was superseded by the Convention of 1878 upon the exchange of ratifications September 17, 1878.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 317.)

1868.

EXTRADITION CONVENTION. 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.)

ARTICLES.

I. Delivery of accused.

V. Procedure. II. Extraditable crimes.

VI. Expenses. III. Political offenses.

VII. Duration; ratification. IV. Persons under arrest.

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 II. Seward, Secretary of State. IIis 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

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 1

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, stamips 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 otfences 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.

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 forms prescribed in such cases.'

See Convention of 1884, p. 324.

2 See Convention of 1869, p. 309.

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.]

WILLIAM II. SEWARD. SEAL,

M. CERRUTI.

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.

See Convention of 1884, p. 324.

1869.

CONVENTION ADDITIONAL TO EXTRADITION CONVENTION, 1868.

Concluded January 21, 1869; ratification advised by the Senate Feb

ruary 16, 1869; ratified by the President February 23, 1869; ratification exchanged May 7, 1869; proclaimed May 11, 1869. (Treaties and Conventions, 1889, p. 580.)

1

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,

WILLIAM II. SEWARD. (SEAL.]
M. CERRUTI.

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.)

ARTICLES.

I. Freedom of commerce and navi- XIII. Blockade. gation.

XIV. Regulation of blockades. II. Liberty to trade and travel.

XV. Contraband articles. III. Rights of person and property; XVI. Rights of neutrals; free ships, exemptions.

free goods. IV. Embargo.

XVII. Proof of nationality of vessels. V. No shipping discriminations. XVIII. Right of search. VI. No discriminations of imports XIX. Vessels under convoy. and exports.

XX. Conduct of commanders of war VII. Shipping privileges.

vessels. VIII. Exemptions from shipping dues, XXI. Protection in case of war. etc.

XXII. Disposal of property. IX. Shipwrecks.

XXIII. Legal rights. X. Completing crews.

XXIV. Most favored nation privileges. XI. Piratical captures.

XXV. Duration. XII. Exemptions in war.

XXVI. Ratification. 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 treaty for that purpose and have named as their respective plenipotentiaries:

1 See Article II, p. 307. Federal case: Cantini v. Tillman, 54 Fed. Rep., 969.

The United States of America, George Perkins Marsh, their Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of Italy;

And His Majesty the King of Italy, the Noble Emilio Visconti Venosta, Grand Cordon of his Orders of the Saints Maurice and Lazarus, and of the Crown of Italy, Deputy in Parliament, and his Minister Secretary of State for Foreign Affairs.

And the said plenipotentiaries, having exchanged their full powers, found in good and due form, have concluded and signed the following articles:

ARTICLE I.

There shall be between the territories of the Iligh Contracting Parties a reciprocal liberty of Commerce and Navigation.

Italian citizens in the United States, and citizens of the United States in Italy, shall mutually have liberty to enter with their ships and cargoes all the ports of the United States and of Italy respectively, which may be open to foreign commerce.

They shall also have liberty to sojourn and reside in all parts whatever of said territories. They shall enjoy respectively, within the states and possessions of each party, the same rights, privileges, favors, immunities and exemptions for their commerce and navigation as the natives of the country wherein they reside, without paying other or higher dut es or charges than are paid by the natives, on condition of their submitting to the laws and ordinances there prevailing.

War vessels of the two Powers shall receive, in their respective ports, the treatment of those of the most favored nation.

ARTICLE II.

The citizens of each of the high contracting parties shall have liberty to travel in the states and territories of the other, to carry on trade, wholesale and retail, to hire and occupy houses and warehouses, to employ agents of their choice, and generally to do anything incident to or necessary for trade upon the same terms as the natives of the country, submitting themselves to the laws there established.

ARTICLE III.

The citizens of each of the high contracting parties shall receive, in the states and territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or shall be granted to the natives, on their submitting themselves to the conditions imposed upon the natives.

They shall, however, be exempt in their respective territories, from compulsory military service either on land or sea, in the regular forces, or in the national guard, or in the militia.

They shall likewise be exempt from any judicial or municipal office, and from any contribution whatever in kind or in money, to be levied in compensation for personal services.

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