New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-03
The NoeIte Exsradisioa Case-Connict of
Authority-The sheriff aud the United
States at War.
Before Commissioner NEWTON.

Before Commissioner NEWTON
In the United States Commissioners Office
Thursday the case of in r. Carl S0co again came up
This being the adjourned day tue Marshal made return
that tho Sheriff still refused 10 deliver over Carl Noelte
The following is the return:
delivered to that have served copy Thereof on John
demsnded the production Of the defendant Cn NOee before
Charles w Newton, United staes Commssioner tbs Day 81
u o'clock That the said Sheriff .tiyey declines to allow
the said Cad Noele to be taken QUITO custody by the order
Of United States Commsslgner caans end insisting tnat
issued he held under civil proces amounting 20 80 OO
Issued by the parties make the compliant through the
sSer expresse. his willingness II the civil sas are dcon
pued to deliver him into the custody Of the United States
Marshal ROBERT MURRAY U. s. Marshal.
Mr.. Lspaugh, on behalf OF the Prussian Government
argued that appears that the Sheriff still declines to
produce the accused The return recites errors
aud avail myself Of the present opportunity to correct
them In the first place desire to be understood that
before The issuing of the warrant there was but one
warrant issued IN civil suit viz that at the snit OF
Meier Co. The other order OF arrest was at the suit
Of woman by the name Of Mary klippensteini that
was salt for breach OF promise of marriage under
stand sne has been his mistress since 1865 Ihat war
rant WAS issued after tie warrant OF Your Honor.
complaint through tho Consul Of the Prrssian Govern
ment Council for the Sheriff have ADVISED MN.
understand present course but they cannot under
stand treaties or such ADVICE would not have been gen
The treaties require the demand to be made by the Tx
ccuiye Of Prussia, by the political power OF one coun'
try the political power OF the other Mary kPpen,
STEMS demand arises from the desire OF friends OF
Eoete to aid him. and II is scarcely possible ~ avoid
the conclusion that there is in that claim COLLISION
The demand brings the question to eliminating point
whether the treaty Is to prevail egainst the claims OF
time 1t has been apparent that the question wouid
come MP in this case On the 2d o! February on the
application Of the acting ConsulGeneral or Prussia o
warrant was ted TO bring Noee before your Honor
That warrant placed in the Marshals hands that
day and be returned that NOee was held by the Sher
liz The matter was then postponed 70 the 5th Of Feb
xiena mi N WI
that the sheriff under the advice OF counsel stl re-
fused TO surrender Noee. Noete not forthcoming
and the matter ordered to to-day. To day the
prisoner ia still absent. withheld from examination by
tie Sheriff. We could scarcely have anticipated this
course Every opportunity has neen gwen Item 10 re-
NEUTRALITY-SUSPICIOUS. Ihsye retained through
out the right to insist on the unconditional execution OF
the treaty have attended three times in the hope
that might not be driven to unusual measures In
that hope we have been deceived
The Sheriff puk the United States Ut defiance. and
an unfouuded claim OF State sovereignty il set up to
excuse his noncompliance. We could hardly antici
pate such principle, destructive AZ this which ne
set up. This attempt to create conflict between Tue
State and United States authorities does not rest upon
the Prussian Government. Tie Baron Won G!abow
and myself have sought to avoid the Introduction o.
any such question; but being forced to It, feel bound
TO say that State is endowed vita eny such thing as
State sovereignty. The treaty King power Is a
necessary element Of sovereignty, and yet II is forbid
den to the State Of New-York. The Constitution
Art. l. Sec TO- -Sovereigny implies supreme power.
In reference this matter that belongs only to the
United States the doctrine that exists in NeH-fork IS
Iepete with evil. The dangeTs Of the commonwealth
were foreseen BIZ the trainers of the Constitution who
embodied in it the article that laws and rso, should
be the supreme law ofthe land The sheriff claims that
II lie should obey this warrant q would be held liable
for an escape TO Mary Kipp nstein. II is apparent
that such theory cannot be maintained. The taking
away Of prisoner by paramount authority does not
constitute an escape. .
treaty is ordinarily contract no. existing ITSELF
bur In the United States treaty is declared TO DO tho
law Of the land The Sheriff is therefore acting IN vlo
I.t, sI.a fho uff
live without further legislation Is 10 he regardd as an
act OF the Legislature. In this tue United States 10
sim Glar.
Foreecerg what impediments might be offered to the
execution u this treaty. we have obtsled from the
President his mandate.
Mr. Lapaugh then read the mandate o. follows:
ANDREW joHSsoy prsder. Of s Unitd Stdts' @ Agerfea
,pv J1de Of the District Cour, Of The United state, in sny
District any Judge Of tire Supreme superi? Courts in any
state or 70 shy Comn,oner seeay appointed 20 execute
tain treaty -pu this and foreign Ooyements
for the specialization and delivering up OF certain offenders
approved Aug H. iGtlnd the act entitled An Act to amend
Act entitled An Act giving effect to certain tTrs1y spn
sons between this and foreign GoSernn ents for the ppre
heuso and delivery Of certain offenders approved June
Blea, Puruan, tie a., article Of the Convention be-
the United States OF America and Prussia aud other
Of the Germanic Conederaon Of the 10Th June 1852
or toe dfry g Si 9a,o, aId ~. ru.n
Envoy Extraordinary aud Minister fenp3enaIy accredited
this Government, hiss made app ceon to for the arrest
OF Carl Noel'e alleged fugitive rom Justice charged With
the crime forgery md Il reranee OF forged papers com
mted IN tue co.nons OF lie Mrsty. TIE hng Of ffa.sa
AMI who believed t. De within tic Jurisdiction OF the United
States, and
Dht,sa, In my judsnen. upon the submitted 4 I,
proper that The said Carl Noeie shell be aud the
examined in h. mod, provided By the acts OF Congress
aoresA now these present.. therefore to request the
ocer any Of them to the necessary
proceedings be lad IN Of said acts IN order tt
The eydouee Of tho cmina ~ Of the said Carl Noee may be
heard aud considered ana der ed sufficient to sustain tie
charge that The may be eertneS together VIII seop
al the proce edng to the Secretary OF state hat war
rant may issue for HI, surrender. pursuant to said treaty
........ In testimony whereof have heTeunto signed
nv name ~
...... 10 be affixed. Done, ~. ANDREW JOHNSON.
BY the President WuLGls H. SEWARD Secretary OF STATE
The warrant TO which the return h supplemental
recites this mandate copy of that warrant has been
served and still the Sheriff positively declined to obey
the uandste of the highest authority In the United
Satcs. All steps which could haye been are taken bat
here is an inpedinent by the local Authorities. No
crime or ocnsc is alleged ~ have been committed by
Carl NOelte in this country. The suits on when No
arrested even arose In Prussia There was put one
mode lett in honor both Prussia and to this COUNTRY
ard that was 10 have the criminal brought before this
tribunal for examination and since every f0rOearancs
on their part had been umet by even the expression OF
desire to obge hcm was the intent OF tie Prussian
Government whether force were required OF NOT 70
insist q at the object II he treaty DO accomplished
The question mus, be met now. Ii will he. believe
met In the right spirit from the United states; nor DO
believe the President will longer suffer MS mandate 10
be set Mt naugit II the Sherihs position were cor
rect tie exrnditon Of every criminal Wouti Do pre-
vented If hAcould hud single friend TO sue him.
lie had sought TO see the opinion on when t1e ohe,in
acted but his surprise in matter 30 important his
counsel had informed him there was none written.
III conclusion | would request your Honor to espe'
ciay order tho Il. - Marshal that the prisoner DC
brought before You on the day yo9 may desisnaie.
After consultation with Baron Won tirabow the mat
ter was adjourned TO April 2: the Commissioner re,
committing the warrant, with directions 70 tne
to produce tho prisoner ON the I'd OF Aprii next
In connection with the above we print tDe ununfE
Of Miss Kippensten in Der snit against Charles Noee
on which She obtained al order for his arrest;
Cry AND CorSrr on NV ios h 49, ppi,,ig