File No. 14040/13.

The Secretary of State to Minister Eddy.


Secretary Root informs Mr. Eddy that it is impossible for Federal authorities to give guaranty, as under the dual government of this country criminals are punishable exclusively by States for violation of State laws. Informs him that the governor of New York says he has not the power to stipulate as suggested by the authorities of Argentina. Says the department does not perceive that proposed condition is warranted by treaty, as article 4 refers to mere procedure and not to substantive law, and that article 648 of Argentine code, which provides that in extradition under treaty the treaty and not local law controls, sustains this view. Instructs him, pending the settlement of this question, to take every precaution to have fugitive detained.