and their passengers. late the carriage of passengers on steamships and other Disputes between vessels,") all disputes and differences of any nature between the officers of vessels the captains and their officers on one hand, and the passengers of their ships on the other, shall be brought to and decided by the circuit or district courts in the United States, to the exclusion of all other courts or authorities. ARTICLE XIII. Deserters. The respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents may arrest the officers, sailors, and all other persons making part of the crew of ships of war or merchant vessels of their nation who may be guilty, or be accused of having deserted said ships and vessels, for the purpose of sending them on board or back to their country. To that end, the Consuls of Italy in the United States may apply in writing to either the Federal, State, or municipal courts or authorities; and the Consuls of the United States in Italy may apply to any of the competent authorities and make a request in writing for the deserters, supporting it by the exhibition of the register of the ves sel and list of the crew, or by other official documents, to show that the persons claimed belong to the said crew. Upon such request alone, thus supported, and without the exaction of any oath from the consular officers, the deserters, not being citizens or subjects of the country where the demand is made at the time of their shipping, shall be given up. All the necessary aid and protection shall be furnished for the search, pursuit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of the country, at the request and expense of the consular officers until there may be an opportunity for sending them away. If, however, such an opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserter shall be set at liberty, nor shall he be again arrested for the same cause. ARTICLE XIV. Damages suffered In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port volun- at sea. tarily or are forced by stress of weather, shall be settled by the ConsulsGeneral, Consuls, Vice-Consuls, and Consular Agents of the respective countries where they reside. If, however, any inhabitant of the country, or citizen, or subject of a third Power shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide. ARTICLE XV. Salvage. All proceedings relative to the salvage of American vessels wrecked upon the coasts of Italy, and of Italian vessels wrecked upon the coasts of the United States, shall be directed by the Consuls-General, Consuls, and Vice-Consuls of the two countries respectively, and, until their arrival, by the respective Consular Agents, whenever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall immediately be informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of property. The local authori ties shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors, if they do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any customhouse charges, unless it be intended for consumption in the country where the wreck may have taken place. of either country in the territory of the other. ARTICLE XVI. In case of the death of a citizen of the United States in Italy, or of Death of citizens an Italian subject in the United States, without having any known heirs or testamentary executor by him appointed, the competent local authorities shall inform the Consuls or Consular Agents of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immediately forwarded to parties interested. convention. ARTICLE XVII. The present convention shall remain in force for the space of ten Duration of this (10) years, counting from the day of the exchange of the ratifications, which shall be made in conformity with the respective constitutions of the two countries, and exchanged at Washington, within the period of six (6) months, or sooner if possible. In case neither party gives notice, twelve (12) months after the expiration of the said period of ten (10) years, of its intention to renew this convention, it shall remain in force one (1) year longer, and so on from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice. In faith whereof, the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals. Done in duplicate, at Washington, the eighth day of February, 1868, the ninety-second year of the Independence of the United States of America. WILLIAM H. SEWARD. [SEAL.] [SEAL.] ITALY, 1869. ADDITIONAL ARTICLE TO CONVENTION OF FEBRUARY 8, 1868. CONCLUDED JANUARY 21, 1869; RATIFICATIONS EXCHANGED MAY 7, 1869; PROCLAIMED MAY 11, 1869. Convention relating The exchange of ratifications of the convention for regulating the Time for exchang jurisdiction of Consuls, between the United States and His ing ratifications of Majesty the King of Italy, which was signed on the 8th of to Consuls extended. February, 1868, having been unavoidably delayed beyond the period stipulated in Article XVII, it is agreed between the high contracting parties that the said convention shall have the same force and effect as it would have had if the exchange had been effected within the stipulated period. 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. 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; PROCLAIMED 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. The Government of the United States and the Government of Italy mutually agree to deliver up persons who, having been Extradition of 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. Extradition for lo cal offences, ARTICLE IV. If the person whose surrender may be claimed, pursuant to the stipu 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 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. 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. 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 because 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. Contracting parties 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: 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; |