Minister Beaupré to the Secretary of State.

No. 156.]

Sir: I have the honor to report that there was agreed upon and signed at Some on June 9, 1904, by the duly authorized representatives of this country and Italy, Señor Enrique B. Moreno, envoy extraordinary and minister plenipotentiary of Argentina to Italy, and Hon. Tommaso Tittoni, Italian minister of foreign affairs, an additional protocol to the extradition treaty now in force between the two said countries. This protocol was to-day submitted to Congress for its approval, accompanied by an executive message urging its ratification.

I inclose herewith a copy of the protocol cut from the record of the Chamber of Deputies, No. 4, of to-day’s date, with a translation.

* * * * * *

I am, etc.,

A. M. Beaupré.

[Inclosure.—Translation.]

additional protocol to the treaty of extradition with italy.

Met in the ministry of foreign affairs of the Kingdom of Italy, their excellencies Tommaso Tittoni, minister of foreign affairs, and Don Enrique B. Moreno, envoy extraordinary and minister plenipotentiary of the Argentine Republic, with the object of harmonizing the convention of June 16,1886, with the provisions of the Italian penal code, which went into effect on January 1, 1890, and in which the distinction between criminal and correctional penalties was eliminated and the death penalty was abolished, and, desiring further to remove the [Page 34] doubt to which the interpretation of said convention might give rise in the cases indicated, agreed upon the following:

I.
That extradition shall always be conceded for the crimes of homicide, corporal injury, rape, seduction, criminal assault, polygamy, pretended marriage, incendiarism, falsification, and bankruptcy, in the cases described as such crimes in numbers 1, 2, 3, 4, 7, 9, and 10 of article VI of said convention whatever the penalty applicable or applied to those crimes may be.
II.
That extradition shall be conceded for the other crimes indicated in the above-mentioned article VI whenever they are subject to punishment restrictive of personal liberty for a period greater than one year or punishable by a fine that exceeds the sum of one thousand pesos, Argentine national currency, or its equivalent in Italian liras.
III.
That in the case of extradition of an individual accused or condemned of a crime which the laws of the country requesting the extradition punish by a greater penalty than those of the country of which extradition is requested, the latter may on granting extradition impose the condition that the lesser penalty be inflicted. When it is a question of the death penalty, for it shall be substituted that immediately inferior according as the laws of the respective countries may prescribe.
IV.
That extradition shall be conceded although the guilty party alleges a political motive or end, if the deed for which it was requested constitute primarily a common crime.
V.
That an attempt upon the life of the chief or sovereign of one of the contracting States, or upon the members of their respective families, or upon the ministers of state, shall not be considered a political crime, or even connected with a political crime, when this attempt constitutes homicide or poisoning, punishable by a penalty of whatever degree.

In faith of which the undersigned, duly authorized to this effect, have signed and sealed the present additional protocol to the convention of extradition of June 16, 1886.

Done in duplicate copies in the city of Rome on June 9, 1904.

The minister of foreign affairs of the Kingdom of Italy.

Tommaso Tittoni.

The minister of the Argentine Republic, near His Majesty, the King of Italy.

Enrique B. Moreno.