ITALY, 1868. CONVENTION BETWEEN THE UNITED STATES AND THE KING OF ITALY FOR THE SURRENDER OF CRIMINALS. CONCLUDED AT WASHINGTON, MARCH 23, 1868; RATIFICATIONS EXCHANGED SEPTEMBER 17, 1868; PRO-. CLAIMED SEPTEMBER 30, 1868. Contracting parties. 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. Extradition of 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 fol- criminals. lowing article, committed within the jurisdiction of one of the contracting parties, shall 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. 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: Crimes. 1. Murder, comprehending the crimes designated in the Italian penal code by the terms of parricide, assassination, poisoning, and infanticide. 2. The attempt to commit murder. 3. 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. 4. 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. 5. The crime of forgery, by which is understood the utterance of forged papers, the counterfeiting of public, sovereign, or Government acts. 6. 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. 7. The embezzlement of public moneys, committed,within the jurisdiction of either party, by public officers or depositors. 8. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. Political offences. 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. cal offences. ARTICLE IV. If the person whose surrender may be claimed, pursuant to the stipu Extradition for lo- lations 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. Requisitions extradition. ARTICLE V. Requisitions for the surrender of fugitives from justice shall be made for 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 requi sition 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. 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. Expenses. ARTICLE VII. This convention shall continue in force during five (5) years from the Duration of con day of exchange of ratifications; but if neither party shall have given to the other six (6) months' previous notice of its vention. 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. WILLIAM H. SEWARD. [SEAL.] M. CERRUTI. [SEAL.] ITALY, 1869. ADDITIONAL ARTICLE TO CONVENTION OF MARCH 23, 1868. CONCLUDED JANUARY 21, 1869; RATIFICATIONS EXCHANGED MAY 7, 1869; PROCLAIMED MAY 11, 1869. 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 Embezzlement to tion. to infamous punishment according to the laws of the United be cause for extradiStates, 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.] ITALY, 1871. TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF ITALY. SIGNED FEBRUARY 26, 1871; RATIFICATIONS EXCHANGED NOVEMBER 18, 1871; PROCLAIMED NOVEMBER 23, 1871. The United States of America and His Majesty the King of Italy, desiring to extend and facilitate the relations of commerce Contracting parties and navigation between the two countries, have determined to conclude a treaty for that purpose, and have named as their respective Plenipotentiaries: 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 high contracting parties a reciprocal liberty of commerce and navigation. Reciprocal liberty of commerce and Residence, rights, Italian citizens in the United States, and citizens of the navigation. 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 and privileges. whatever of said territories. They shall enjoy, respectively, within the States and possessions of each party, the same rights, priv ileges, favors, immunities, and exemptions for their commerce and navi gation as the natives of the country wherein they reside, without paying other or higher duties 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 War vessels. nations. carry on trade. ARTICLE II. The citizens of each of the high contracting parties shall have liberty Right to travel and 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. Security to persons ARTICLE III. The citizens of each of the high contracting parties shall receive, in the States and Territories of the other, the most constant and property. 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. service, from office, They shall, however, be exempt in their respective territories from Exemption from compulsory military service, either on land or sea, in the compulsory military regular forces, or in the national guard, or in the militia. and contributions. 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. No embargo or de ARTICLE IV. The citizens of neither of the contracting parties shall be liable, in the States or territories of the other, to any embargo, nor tention without in shall they be detained with their vessels, cargoes, merchandemnification. dise, or effects, for any military expedition, nor for any public or private purpose whatsoever, without allowing to those interested a sufficient indemnification previously agreed upon when possible. ARTICLE V. The high contracting parties agree that whatever kind of produce, Italian vessels, and manufactures, or merchandise of any foreign country can be Imports into the from time to time lawfully imported into the United States, United States in in their own vessels, may be also imported in Italian ves- duties thereon. sels; that no other or higher duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and, in like manner, that whatsoever kind of produce, manufactures, or merchandise of any foreign country can be from time to time lawfully imported into Italy in its own vessels, may be also imported in vessels of the Imports into Italy. United States, and that no higher or other duties upon the in vessels of the tonnage of the vessel or her cargo shall be levied and col- duties thereon. lected, whether the importation be made in vessels of the one country or of the other; and they further agree that whatever may be lawfully exported and re-exported from the one country, in its own Exports, bounties, vessels, to any foreign country, may in the like manner be duties, and exported or re-exported in the vessels of the other country, United States, and backs. draw and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of Italy. ARTICLE VI. Duties upon imports into either country. Duties upon exports. No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufactures of Italy, and no higher or other duties shall be imposed on the importation into Italy of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles, being the produce or the manufactures of any other foreign country; nor shall any other or higher duties or charges be imposed, in either of the two countries, on the exportation of any articles to the United States or to Italy, respectively, than such as are payable on the exportation of the like articles to any foreign country, nor shall any prohibition be imposed on the importation or the exportation of any articles the produce or manufactures of the United States or of Italy, to or from the territories of the United States, or to or from the territories of Italy, which shall not equally extend to all other nations. ARTICLE VII. Prohibition. Vessels of either country entering a port of the other may Vessels of the United States arriving at a port of Italy, and, recip rocally, vessels of Italy arriving at a port of the United States, may proceed to any other port of the same country, and may there discharge such part of their original cargoes proceed to another as may not have been discharged at the port where they first arrived. It is, however, understood and agreed that nothing contained in this article shall apply to the coastwise navigation, which each of the two contracting parties reserves exclusively to itself. port and discharge; but not engage in coastwise navigation. ARTICLE VIII. The following shall be exempt from paying tonnage, anchorage, and clearance duties in the respective ports: Certain vessels to 1st. Vessels entering in ballast, and leaving again in bal- be exempt from ton last, from whatever port they may come. nage, anchorage, and clearance duties, |