The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-23
Supreme Court.
Before Hon. Judge Morris.
CONSULAR AND JUDICIAL POWER

CONSULAR AND JUDICIAL POWERS.
JUNE Ella the matter of Frederick Kesser.-The
prisoner in this arrested the 10th instant
BY the United States Marshal on the requson Of Ferdi
nand Karck Consul at New York for the city Of Ram
bury. The following is copy of the letter Of the
Anshca and the Rspabe Of Hambars. Bremen, and Lu.
yeu .siely leep the body Of The Ksssr belong
nnS n an Of s ss
back hamburg trial have the honor your
FERDINAND KARGk c Con e Hamburg.
Tho Marshal proceeded to. arrest Keasler whom he
caused to be confined IN the city prison. and writ Of
hshsas was taken out on Which the prisoner was
sui that Kessler was engaged in mutny board the
Hamburg bark LILA Ry bete, and that he had also de-
virtue Of treaty bstween the United states and Han
seatic Republics of Bremen, Hamburg and Lubec rai-
arrested and returned to Hamburg for trial Article l.
Of the treaty the part On which he relies for these pow
ers, 10 as follows =
mera agents Of each Of the high contracting parties shall
have shs right as such to Il. IS judges and in
sssss to the ns s
local sushoslsiss conduct ths the
master should disturb the order tranquility Of the conn
sxsensiPg Or SUPPORTING their own decisions But this
Sentencing parties Of the they have to or their
sssurn to the judicial authority ofthcr country
prisoner cOntenQeu LnAt tnll arLlce Oh
the treaty referred only to civil actions such seamens
wages and the like and not to criminal matters. The
treaty did not contemplate giving TO the consular
agents OF either country such Of extradon
were claimed by the Consul Of Hamburg in this
He also denied that the marshal "0cal authority
= the meaning of the treaty and commended that the
ar1est and imprisonment Of Kesser should have been
ordered by Judicial and not executive officer.
Mr. John Antboa, who appeared behalf Of the Con.
sn opposed this construction Of the treaty, and OBJ
served that If this resy should fail to the case,
the general treaty previously made with Hamburg in
shch that city distinctly placed the footing of
fbe most favored nations, would justify the pur
sued by the Consul. He also contended that proceed
Dgs Of this nature must necessarily be summary, for
unless III prisoner be at arrested and
yeyed home for trial. he may escape, ard the ends Of
justice be defeated The length Of time that would
ssssaxiy espse before the tormslities which, IL was
urged wers Indispensable could BE- gone through WITH
would render the treaty utterly atory in this respect
Counsel for prisoner, in reply, observed that the
phrase moat favored Dations' had reference to ques
Mons Of revenue only and not to criminal matters and
9uoted the case of Dr.. Holmes, mentioned in Peters
Eep,a fugitive from justice, who had escaped from
Canada into Vermont ami who sought to be re-
claimed on the ground that Great Britain hal been
placed on the footing Of the most favored Of nations in
treaty with the United States.
1t Was decided by the Court in that case that In the
absence OF any extradision treaty, the phrase most
favored Of nations in general treaty referred only to
questions OF revenue JUICE Morris, without giving
any decision adjourned the until Saturday morn
ing, at 10 o'clock.