The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-17

German Of the treaty the word Jurisdiction" and
TO express something like the same thing.
Mr.. Salemons said tho word 'Jurisdiction" In the
treaty meant the legal power or authority to adjn-
tory, so that II they gave to the word 'jurisdc-
ton" its large and proper meaning they could see
within the jurisdiction OF either party by men
found within the territory and jurisdiction OIL either
Se cr s nrar sa a s
Court should have jurisdiction Of the crime and he
should fee to and be found in the territory OF the
United States, he shall be delivered up; and so.
II citizen OF the United states should somewhere
commit a murder, for which by the laws OF the
United States he may be punished, and should seek
an asylum In Prussia, 1t would be the duty of Prus
STA to deliver him up. But whenever any person
accused OF the crimes enumerated In the treaty
committed new crime in the territory to which
he has fed, such person should not be delivered
up, under the stipulation OF the treaty, until
was well-known fact that the principles OF inter
national law, as they existed oil over the Con-
but committed out of their territories, II the
parties were brought back TO the country to which
their allegiance belonged. The prisoner was sub,
ject OF Prussia; he was brought up there, and had
been In the army he went to Belgium, where he COM
mitted the atrocious crimes OF murder, robbery and
arson. From Belgium he ned to England, and from
thence to the United States, where he was found.
An application was made to the government or
the United States; but that government, acting up
to It's traditional policy. did not surrender alleged
criminals except to countries with which II had
cation was made to the Governor OF the state FOR
the extradition OF the accused; BUT TINS request
general government alone belonged the power to
extradite. Then the Prussian government, being
he n she h
States to hand the prisoner over to them for trial
under the laws Of Prussia in existence at the very
sssn sns there
law contrary to what he had said, evidently
something in the treaty which, IN his Judgment,
would be contrary to public pelicy, that the con,
Was the enc least intended By one Of the high
contracting parties, and no doubt by both, when
the treaty was made Each country would, OF
within It's territory. Under treaties made with
Turkey, China and Japan, IN 1914, Jurisdiction over
CITIZENS hns0 the ~ states o. ne
States had, by treaty and b. law provided for NC
punishment Of crimes committed by citizens Of the
United States within the jurisdiction OF other coun'
The Court remarked that the Consul at Shanghai
had hung several persons there for the commission
OF murder.
Mr.. Salomsns remarked that even in treaties
made with semi-parbarous nations they had OBJ
taned the rgnt TO r Try se If er nss
territory OF another sovereign. They had given to
their representatives resident IN barsar0us and
trying citizens Of the United States lot crimes COM
mltted in those countries. Alter referring at
length to various authorities on international lew
and especially to Wharton, Mr.. Salom0ns concluded
an elaborate argument by expressing hope that
the Court would feel bound to deliver such an 0pin-
ion in this matter as would enable the proper au-
th0rities to send the prisoner back to answer Tor
the desperate crime he had committed.
The Court said as the question was an important
raised before-he would deliver an oral opinion In
the case about the middle OF next week as he
should not have time to write one He would
notify counsel Oh both sides or the time wnen lie
would give his decision.