ARTICLE XIV.

Inasmuch as a contract was entered into by the Government of Honduras and a company entitled the "Honduras Inter-oceanic Railway Company", for the construction of a Railway from the Atlantic to the Pacific oceans, through the territories of Honduras, which contract was ratified by the Constitutional Powers of the State, and proclaimed as a law on the 28th April 1854; and inasmuch, by the terms of Article 5 section VI of said contract "the Government of Hondu'ras, with the view to secure the route herein contemplated from all "interruption and disturbance from any cause, or under any circum"stances engages to open negotiations with the various governments "with which it may have relations, for their separate recognition of "the perpetual neutrality, and for the protection of the aforesaid "route:" therefore to carry out the obligations thus incurred;

1 The Government of Honduras agrees that the right of way on or transit over such route or road, or any other that may be constructed within its territories, from sea to sea, shall be at all times open and free to the Government and citizens of the United States, for all lawful purposes whatever. No tolls, duties or charges of any kind shall be imposed by the Government of Honduras on the transit of property belonging to the Government of the United States, or on the public mails sent under authority of the same, nor on the citizens of the United States. And all lawful produce, manufactures, merchandise or other property belonging to the citizens of the United States passing from one ocean to the other, in either direction, shall be subject to no import or export duties whatever, nor to any discriminating tolls or charges for conveyance or transit, on any such route or road as aforesaid, and shall be secure and protected from all interruption or detention on the part of the State. The Republic of Honduras further agrees that any other privilege or advantage commercial or other, which is or may be granted to the subjects or citizens of any other country, in regard to such route or road as aforesaid, shall also, and at the same time be extended to citizens of the United States; and finally as an evidence of its disposition to accord to the travel and commerce of the world, all the advantages resulting from its position in respect to the two great oceans, Honduras of her own good will engages to establish the Ports at the extremities of the contemplated road as Freeports, for all the purposes of commerce and trade.

2o In consideratian of these concessions, in order to secure the construction and permanence of the route or road herein contemplated, and also to secure for the benefit of mankind the uninterrupted advantages of such communication from sea to sea, the United States recognizes the rights of Sovereignty and property of Honduras in and over the line of said road, and for the same reason guarantees positively and efficaciously the entire neutrality of the same, so long as the United States shall enjoy the privileges conceded to it in the preceding section of this article. And when the proposed road shall have been completed, the United States equally engages in conjunction with Honduras to protect the same from interruption seizure or unjust confiscation from whatsoever quarter the attempt may proceed.

3 Nevertheless the United States in according its protection to the said route or road and guaranteeing its neutrality when completed, always understand that this protection and guarantee are granted conditionally and may be withdrawn if the United States should deem that the persons or company undertaking or managing the same adopt

or establish such regulations concerning the traffic thereupon as are contrary to the spirit and intention of this article, either by making unfair discriminations in favor of the commerce of any nation or nations over the commerce of any other nation or nations, or by imposing oppressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise, or other articles. The aforesaid protection and guarantee shall not however be withdrawn by the United States without first giving six months' notice to the Republic of Honduras.

ARTICLE XV.

The present treaty shall be ratified, and the ratifications shall be exchanged at Comayagua within the space of one year, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto their respective seals.

Done at Comayagua this fourth day of July, in the year of our Lord, one thousand eight hundred and sixty four.

ITALY.
1868.

CONSULAR CONVENTION.

Concluded February 8, 1868; ratification advised by the Senate June 17, 1868; ratified by the President June 22, 1868; ratifications exchanged September 17, 1868; proclaimed February 23, 1869. (Treaties and Conventions, 1889, p. 573.)

This convention, consisting of seventeen articles, was superseded by the Convention of 1878 upon the exchange of ratifications September 17, 1878. (See page 457.)

1868.

EXTRADITION CONVENTION."

Concluded March 23, 1868; ratification advised with an amendment by the Senate June 17, 1868; ratified by the President June 22, 1868; ratifications exchanged September 17, 1868; proclaimed September 30, 1868. (Treaties and Conventions, 1889, p. 578.)

I. Delivery of accused. II. Extraditable crimes. III. Political offenses.

IV. Persons under arrest.

ARTICLES.

V. Procedure.

VI. Expenses.

VII. Duration; ratification.

The United States of America, and His Majesty the King of Italy, having judged it expedient, with a view to the better administration of justice, and to the prevention of crimes within their respective territories and jurisdiction, that persons convicted of or charged with the crimes hereinafter specified, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries:

The President of the United States, William H. Seward, Secretary of State. His Majesty the King of Italy, the Commander Marcello Cerruti, Envoy Extraordinary and Minister Plenipotentiary who, after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, to wit:

ARTICLE I.

The Government of the United States, and the Government of Italy mutually agree to deliver up persons who, having been convicted of, or charged with, the crimes specified in the following article, committed within the jurisdiction of one of the contracting Parties, shall a Federal case: In re De Giacoma, 12 Blatch., 391.

seek an asylum, or be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality, as, according to the laws of the place where the fugitive or person so charged shall be found would justify his or her apprehension, and commitment for trial, if the crime had been there committed.

ARTICLE II.a

Persons shall be delivered up, who shall have been convicted of, or be charged according to the provisions of this Convention, with any of the following crimes:

I. Murder, comprehending the crimes designated in the Italian penal code, by the terms of parricide, assassination, poisoning and infanticide.

II. The attempt to commit murder.

III. The crimes of rape, arson, piracy and mutiny on board a ship, whenever the crew or part thereof by fraud or violence against the commander, have taken possession of the vessel.

IV. The crime of burglary, defined to be the action of breaking and entering by night into the house of another with the intent to commit felony, and the crime of robbery, defined to be the action of feloniously and forcibly taking from the person of another, goods or money, by violence or putting him in fear.

V. The crime of forgery, by which is understood the utterance of forged papers, the counterfeiting of public, sovereign or Government acts.

VI. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank notes and obligations, and in general of any title and instrument of credit whatsoever, the counterfeiting of seals, dies, stamps and marks of state and public administrations and the utterance thereof.

VII. The embezzlement of public moneys committed within the jurisdiction of either party, by public officers or depositors.

VIII. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment."

ARTICLE III.

The provisions of this treaty shall not apply to any crime or offence of a political character, and the person or persons delivered up for the crimes enumerated in the preceding article shall in no case be tried for any ordinary crime committed previously to that for which his or their surrender is asked.

ARTICLE IV.

If the person whose surrender may be claimed pursuant to the stipulations of the present treaty, shall have been arrested for the commission of offences in the country where he has sought an asylum, or shall have been convicted thereof, his extradition may be deferred, until he shall have been acquitted, or have served the term of imprisonment to which he may have been sentenced.

a See Convention of 1884, p. 464.
See Convention of 1869, p. 447.

ARTICLE V.

Requisitions for the surrender of fugitives from justice shall be made by the respective Diplomatic agents of the contracting Parties, or in the event of the absence of these from the country, or its seat of Government, they may be made by superior Consular officers. If the person whose extradition may be asked for shall have been convicted of a crime, a copy of the sentence of the Court in which he may have been convicted, authenticated under its seal, and an attestation of the official character of the Judge by the proper Executive authority, and of the latter by the Minister or Consul of the United States or of Italy respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime may have been committed, or of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The President of the United States, or the proper Executive authority in Italy, may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided, that, according to law and the evidence the extradition is due pursuant to the treaty, the fugitive may be given up according to the Jorms prescribed in such cases."

ARTICLE VI.

The expenses of the arrest, detention and transportation of the persons claimed, shall be paid by the Government in whose name the requisition shall have been made.

ARTICLE VII.

This Convention shall continue in force during five (5) years from the day of exchange of ratifications, but if neither party shall have given to the other six (6) months previous notice of its intention to terminate the same, the Convention shall remain in force five years longer and so on.

The present Convention shall be ratified, and the ratifications exchanged at Washington, within six (6) months, and sooner if possible.

In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals. Done at Washington the Twenty third day of March A. D. one thousand eight hundred and sixty eight, and of the Independence of the United States the ninety second.

[SEAL.] SEAL.

WILLIAM H. SEWARD.
M. CERRUTI.

1869.

CONSULAR CONVENTION.

Concluded January 21, 1869; ratification advised by the Senate February 16, 1869; ratified by the President February 24, 1869; ratifications exchanged May 7, 1869; proclaimed May 11, 1869. (Treaties and Conventions, 1889, p. 577.)

This was an article extending the time for the exchange of the ratifications of the Consular Convention of 1868.

"See Convention of 1884. p. 464.