| Litigants: | Charlton v. Kelly |
| Arguedate: | April 18 |
| Argueyear: | 1913 |
| Decidedate: | June 10 |
| Decideyear: | 1913 |
| Fullname: | Paul Charlton, as Next Friend of Porter ter Charlton, Appt., v. James J. Kelly, Sheriff of Hudson County, New Jersey, et al. |
| Usvol: | 229 |
| Uspage: | 447 |
| Parallelcitations: | 33 S. Ct. 945; 57 L. Ed. 1274 |
| Holding: | Court recognized authority of the executive department to waive a breach of treaty by Italy and to remain bound thereby. |
| Majority: | Lurton |
| Joinmajority: | unanimous |
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]
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]