File No. 211.65 C 38.

The Secretary of State to the Italian Chargé.


Referring to your note of June 20,1 and particularly to your telegram of June 23, in which you request a Federal warrant, I have to say that the National Executive issues no Federal warrant in extradition cases until the fugitive is surrendered. May I inquire if you are referring to the certificate or preliminary mandate referred to in article 2 of the supplemental extradition convention of 1884? In view of the fact that Porter Charlton is understood to be an American citizen, as you indicate in your note of June 20, I beg also to inquire whether or not the department is to understand that by initiating extradition proceedings for the surrender of this American citizen accused of committing murder in Italy, your Government wishes to be understood as surrendering its view heretofore entertained and as being now willing to adopt as to cases which may hereafter arise between the two Governments, the view that the extradition treaties of 1868, 1869, and 1884 between the United States and Italy require the surrender by each Government of any and all persons, irrespective of the nationality, who, having been convicted for or charged with commission of any crime specified in the treaty within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territory of the other, and further and specifically to inquire whether the Government of Italy now proposes as to all cases [Page 650] arising in the future to deliver to the Government of the United States under and in accordance with the treaty provisions those Italian subjects who, committing crimes in the United States, take refuge in Italy.

  1. Not printed.