211.71/41

The Secretary of State to President Coolidge

The President: The undersigned the Secretary of State has the honor to lay before the President, with a view to its transmission to the Senate to receive the advice and consent of that body to ratification, if his judgment approve thereof, an extradition Treaty between the United States and Rumania, signed at Bucharest July 23, 1924.72

[Page 672]

Attached to the Treaty is a note signed by the American Minister at Bucharest, by which the assurance is given on the part of the United States that the death penalty will not be enforced against criminals delivered by Rumania to the United States for any of the crimes enumerated in the said Treaty, and that such assurance is, in effect, to form part of the Treaty, and shall be mentioned in the ratifications of the Treaty.

Similar assurance was given in the cases of the Extradition Treaty with Portugal signed on May 7, 1908,73 and the Extradition Treaty with Costa Rica signed on November 10, 1922.74

In its Resolution giving advice and consent to the ratification of these two Treaties, the Senate stated its understanding “that it is agreed by the United States that no person charged with crime shall be extraditable from Portugal [and Costa Rica]75 upon whom the death penalty can be inflicted for the offence charged by the laws of the jurisdiction in which the charge is pending, and that this agreement on the part of the United States will be mentioned in the ratifications of the treaty and will, in effect, form part of the treaty”.

A similar confirmation by the Senate of the assurance given by the Minister to Rumania at the time of the signature of the Rumanian Treaty is necessary.

Respectfully submitted,

Charles E. Hughes

  1. Ante, p. 664.
  2. Foreign Relations, 1908, p. 693.
  3. Ibid., 1922, vol. i, p. 988.
  4. Brackets appear in the original text.