Charlton v. Kelly

Charlton v. Kelly, 229 U.S. 447 (1913), is a case pertaining to extradition of a U.S. citizen to Italy.[1] In 1910, Porter Charlton confessed in New York to having murdered his wife in Italy.[2] The Italian vice consul requested Charlton's extradition.[3] Hon. John A. Blair, one of the judges of the Circuit Court of the United States for the district of New Jersey, suspended Charlton's petition for a writ of habeas corpus and a warrant was issued for his arrest.[4] This order for extradition was approved by Secretary of State Philander C. Knox.[5]

Charlton v. Kelly
Argued April 18, 1913
Decided June 10, 1913
Full case namePaul Charlton, as Next Friend of Porter ter Charlton, Appt., v. James J. Kelly, Sheriff of Hudson County, New Jersey, et al.
Citations229 U.S. 447 (more)
33 S. Ct. 945; 57 L. Ed. 1274
Court recognized authority of the executive department to waive a breach of treaty by Italy and to remain bound thereby.
Court membership
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Horace H. Lurton
Charles E. Hughes · Willis Van Devanter
Joseph R. Lamar · Mahlon Pitney
Case opinion
MajorityLurton, joined by unanimous

Opinion of the CourtEdit

In an opinion written by Justice Horace Harmon Lurton, the Court held that the United States had the right to waive a breach of its extradition treaty with Italy, and by waiving the breach, the countries would remain bound by the treaty.[6]

See alsoEdit


  1. ^ Charlton v. Kelly, 229 U.S. 447, 448-50 (1913).
  2. ^ Charlton, 229 U.S. at 470.
  3. ^ Charlton, 229 U.S. at 448, 470-71.
  4. ^ Charlton, 229 U.S. at 448-49.
  5. ^ Charlton, 229 U.S. at 465.
  6. ^ Charlton, 229 U.S. at 475-76.

External linksEdit