211.18/35a
The Secretary of State to President Harding
My Dear Mr. President: I am returning, with a view to its retransmission to the Senate for its reconsideration, if you approve of such course, the Treaty of Extradition signed between the United States and Costa Rica on November 10, 1922. You will see by the draft message of transmission,16 which has been drafted in the Department for your signature, that the Senate in its resolution of January 26, giving advice and consent to ratification of the Treaty, failed to make any mention of the notes regarding the non-applicability of the death penalty to criminals delivered by Costa Rica for capital crimes, which were exchanged at the time of the signature of the Treaty and which, in effect, are to form a part of the Treaty and are to be mentioned in the ratifications of the Treaty.
There would seem to be no hope of exchange of ratifications of the Treaty without a compliance with these stipulations.
Faithfully yours,
- Not printed.↩