by the Legation the subject of previous representations to the Rumanian Government. I refer to the so-called "Term of Grace" Law, originally promulgated on May 17, 1923, and which has been extended from time to time. Although I have on several occasions brought to Your Excellency's attention the objections of my Government in connection with this Law, I am now instructed to reiterate and explain more fully the basis of these objections. It is clear that this "Term of Grace" Law prevents private American creditors from obtaining payment of debts due them in American currency even when the private Rumanian debtor is solvent, unless they are willing to submit to certain arbitrary terms dictated by the Rumanian Government. My Government is unable to accept the action of Your Excellency's Government in applying the terms of this Law to all debts due by Rumanian nationals to American citizens regardless of the solvency of the debtor and it moreover considers this legislation discriminatory inasmuch as it does not apply to all debts due in Rumania, but merely to those due in a strong currency. My Government views this legislation as an improper and arbitrary governmental interference with the right of private contract, since, irrespective of the financial capacity of the debtor to pay, it subordinates payment to arbitrary terms imposed by the Government of the debtors-an interference for which the Rumanian Government might be held liable to American citizens suffering damage by reason of its action. I am therefore instructed to insist that Rumanian Laws and regulations should be such as to permit American creditors freely to obtain payment from solvent Rumanian debtors. As it appears that the last extension of the "Term of Grace" Law expires on the 15th of this month, I must once more reiterate my Government's formal request that this Law be either not again extended, or else that it be modified in such a way as to permit American creditors freely to obtain payments due to them from solvent Rumanian debtors. I avail myself [etc.] 871.51/598 PETER A. JAY The Minister in Rumania (Jay) to the Secretary of State No. 700 BUCHAREST, December 20, 1924. SIR: I have the honor to refer to my Despatch No. 689 of December 5th last, transmitting a copy of the Legation's Note of December 4th to the Foreign Office in regard to a further extension of the "Term of Grace" Law which would otherwise expire on December 15th. The Legation has as yet received no reply to this communication but the Minister for Foreign Affairs has informed me that he expects shortly to send me a carefully prepared exposé of the situation for transmission to Washington. I understand that this will consist of a brief drafted by the leading Rumanian financial and economic authorities, explaining the impossibility of granting preferential treatment to American creditors in view of the provisions contained in the collective agreements concluded with all the more important foreign creditors. As the Legation anticipated, a brief bill was presented to the Chamber of Deputies on the 18th, and yesterday to the Senate providing for a further extension of this law for three months, i. e. to March 15th. This measure as voted by Parliament, while operative in practice from the preceding expiration, becomes officially effective from the date of its promulgation in the Official Monitor which is often delayed. I enclose a translation of the text of the measure as presented to Parliament together with its official explanatory preamble.67 The Rumanian Press shows scarcely any interest in the matter, presumably because these successive prolongations have been taken for granted in commercial circles and generally. In my despatch referred to above, I mentioned the probability that the Rumanian Parliament would be asked in the near future to consider the enactment of a "Loi d'imprévision". I now understand that the draft of such a law has been prepared by the Minister of Justice and that he announced the day before yesterday in the Senate that his draft had been approved by the Council of Ministers as well as by the Economic Commission of the Government, and that he proposed to lay it before Parliament in the near future. While the Legation has as yet no information regarding the terms or provisions of this proposed law, I would call attention to the observations on this especial subject made by Dr. Van Norman on page 4 (paragraph 3) and page 5 (paragraph 1) of his letter of December 4th transmitted in my Despatch 689. As pointed out therein, the object of such a law as existing in other countries is not to afford protection to the solvent debtor. I have [etc.] "Not printed. PETER A. JAY EXTRADITION TREATY BETWEEN THE UNITED STATES AND RUMANIA, SIGNED JULY 23, 1924, AND A NOTE REGARDING THE DEATH PENALTY Treaty Series No. 713 Treaty between the United States of America and Rumania, Signed at Bucharest, July 23, 1924 68 The United States of America and His Majesty the King of Rumania desiring to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the two countries and have appointed for that purpose the following Plenipotentiaries: The President of the United States of America, Mr. Peter Augustus Jay, Envoy Extraordinary and Minister Plenipotentiary of the United States in Rumania: and His Majesty, the King of Rumania, Mr. I. G. Duca, Minister for Foreign Affairs: Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles: ARTICLE I It is agreed that the Government of the United States and the Government of Rumania shall, upon requisition duly made as herein provided, deliver up to justice any person, who may be charged with, or may have been convicted of, any of the crimes specified in Article II. of the present Treaty committed within the jurisdiction of one of the High Contracting Parties, and who shall seek an asylum or shall be found within the territories of the other; provided that such surrender shall take place only 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 commitment for trial if the crime or offense had been there committed. ARTICLE II Persons shall be delivered up according to the provisions of the present Treaty, who shall have been charged with or convicted of any of the following crimes: 1. Murder, comprehending the crimes designated by the terms parricide, assassination, manslaughter when voluntary, poisoning or infanticide. 68 In English and French; French text not printed. Ratification advised by the Senate, Feb. 10, 1925; ratified by the President, Feb. 26, 1925; ratified by Rumania, Feb. 24, 1925; ratifications exchanged at Bucharest, Apr. 7, 1925; proclaimed by the President, Apr. 14, 1925. 2. The attempt to commit murder. 3. Rape, abortion, carnal knowledge of children under the age of twelve years. 4. Abduction or detention of women or girls for immoral purposes. 5. Bigamy. 6. Arson. 7. Wilful and unlawful destruction or obstruction of railroads, which endangers human life. 8. Crimes committed at sea: (a) Piracy, as commonly known and defined by the law of nations, or by statute; (b) Wrongfully sinking or destroying a vessel at sea or attempting to do so; (c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the Captain or Commander of such vessel, or by fraud or violence taking possession of such vessel; (d) Assault on board ship upon the high seas with intent to do bodily harm. 9. Burglary, defined to be the act of breaking into and entering the house of another in the night time with intent to commit a felony therein. 10. The act of breaking into and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance and other companies, or other buildings not dwellings with intent to commit a felony therein. 11. Robbery, defined to be the act of feloniously and forcibly taking from the person of another goods or money by violence or by putting him in fear. 12. Forgery or the utterance of forged papers. 13. The forgery or falsification of the official acts of the Government or public authority, including Courts of Justice, or the uttering or fraudulent use of any of the same. 14. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by National, State, Provincial, Territorial, Local or Municipal Governments, bank notes or other instruments of public credit, counterfeit seals, stamps, dies and marks of State or public administrations, and the utterance, circulation or fraudulent use of the above mentioned objects. 15. Embezzlement or criminal malversation committed within the jurisdiction of one or the other party by public officers or depositaries, where the amount embezzled exceeds two hundred dollars or Rumanian equivalent. 16. Embezzlement by any person or persons hired, salaried or employed, to the detriment of their employers or principals, when the crime or offense is punishable by imprisonment or other corporal punishment by the laws of both countries, and where the amount embezzled exceeds two hundred dollars or Rumanian equivalent. 17. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them, their families or any other person or persons, or for any other unlawful end. 18. Larceny, defined to be the theft of effects, personal property, or money, of the value of twenty-five dollars or more, or Rumanian equivalent. 19. Obtaining money, valuable securities or other property by false pretences or receiving any money, valuable securities or other property knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds two hundred dollars or Rumanian equivalent. 20. Perjury or subornation of perjury. 21. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian, director or officer of any company or corporation, or by any one in any fiduciary position, where the amount of money or the value of the property misappropriated exceeds two hundred dollars or Rumanian equivalent. 22. Crimes and offenses against the laws of both countries for the suppression of slavery and slave trading. 23. Wilful desertion or wilful non-support of minor or dependent children. 24. Extradition shall also take place for participation in any of the crimes before mentioned as an accessory before or after the fact; provided such participation be punishable by imprisonment by the laws of both the High Contracting Parties. ARTICLE III The provisions of the present Treaty shall not import a claim of extradition for any crime or offense of a political character, nor for acts connected with such crimes or offenses; and no person surrendered by or to either of the High Contracting Parties in virtue of this Treaty shall be tried or punished for a political crime or offense. When the offense charged comprises the act either of murder or assassination or of poisoning, either consummated or attempted, the fact that the offense was committed or attempted against the life of the Sovereign or Head of a foreign State or against the life of any member of his family, shall not be deemed sufficient to sus |