Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-07-22
THE CARL VOGT CASE.
Opinion Of the Attorney General.
Carl VOgt Cannot he Surrendered 20
the German Government.
DEPARTMENT OF JUSTICE.
WASHINGTON. ,Tuly DIST.

DIX II nave the nOnOr 10 acknowledge the
receipt of your communication of the 18th in
slant, In which you submit, for my official
opinion, the following question:
"Carl VOgt, a Prussian, charged with the
commission of the crimes murder, arson and
robbery, committed in Brussels, in the kingdom
OF Belgium, is found fu Titive in the United
States; can the German government, under the
provisions of the treaty for the extraditon of
criminals, concluded between the United States
and Prussia and other states, June 16th 1852
rightfully demand the surrender by this gov
eminent of the fugitive Vogt in order that he
may be tried and punished in Prussia for the
offence which he is charged TO have committed
in Belgium"
ILccS,o parts of the preamble and treaty ap-
picable to this question are as follows:
PREAMBLE. Whereas, 1t is found expedieRt
for the better administration of justice, and the
prevention of crime within the territories and ju-
risdfction of the parties, respectively, that per
sons CO mmitting certain heinous crimes, being
fugitives from justice, should under certain cir.
cumstances, be reciprOcally delivered up; and
also to enumerate such crimes explicitly; and
whereas, the laws and constitution of Prussia
and other German states, parties to this con-
ventlon, forbid them to surrender their own
citizens to a foreign jurisdiction, the govern
ment of the United States, with view of max
ing the convention strictly reciprocal, shall be
held equally free from any obligation to sur
render citizens OF the United States"
Article /. at is agreed that the United States
and Prussia, and the other states of the Ger
manic Confederation included in, or which NAV
hereafter accede to this convention, shall, upon
mutual acquisitions by them or their ministers
officers, or authorities, respectively made, de-
liver up TO Justice all persons who, being
charged with the crime of murder, or assault
with intent to commit murder, or piracy, or
arson, or robbery. or forgery, or the utterance
of forged papers, or the fabrication or circula-
ton Of counterfeit money, whether coin or
paper money, or the enlightenment Of public
moneys committed tcithn the Jurisdiction Of ettEer
party, shall seek an asylum or shall be found
within the territories of the other"
You state that the surrender of Vogt is claimed
by the German government on the ground that
he is Prussian and subject of the Emperor
of Germany; that by the law of Prussia at the
conclusion of the extradition treaty between
the United States and Prussia and other Ger
man states, 10th of June, 1852, a Prussian sub
ject who committed certain crimes (amOng
those with which Nogt is charged are included)
within the territory oil another nation, and be-
yond the territories of Prussia, was neverthe-
less subject TO be tried and punished in Prussia.
This Is also now the law OF the German en-
pire."
The following appears to be the ONLY point in
controyersy:-Whether or not, according to the
true intent and meaning OF said treaty, the
crimes committed by Vogt in the kingdom Of
Belgium were committed within the jurisdic-
ton of Germany.
To affirm the jurisdiction OF Germany, by
virtue of its own laws for the punish ment OF
crimes extends over the territory of Belgium,
is necessarily to hold that the same jurisdiction
extends to France, Great Britain, and the
United States, and indeed to every nation and
country of the world. Manifestly, the words
committed within the jurisdiction imply that
the crimes named in the treaty may be COM
United without the jurisdiction of the parties
thereto. But If the crimes committed in Bel
GUM were committed within the jurisdiction OF
Germany, then it follows as Belgium is as indie
pendent OF Germany as any other nation, that
il is impossible for crimes to be comm tilted out
ssde of the jurisdiction of the German empire.
! think too that the treaty clearly contemplates
Gaping from the jurisdiction of the party
making the claim, to the jurisdiction of the
other party; recognizing two distinct and indie
pendent jurisdictions. But If the claim of Ger
many is correct in this case, Vogt is as much
within her jurisdiction now as he was when the
crimes charged upon him were committed, for
the laws under which she claims have as much
force within the United States as they have in
Belgium. The laws of Germany which provide
for the punishment there of crimes committed
elsewhere by her subjects imply e1 neceSsitds,
as a condition for the exercise of that mower
that such guilty subject must come or be con-
veyed from foreign place or jurisdiction
where the crimes are committed to some place
where they can be taken or received and held
by German authorities. Germany has an un-
questioned right to punish her subjects if
she chooses for crimes committed in Belgium
OF the United States, but it would not be
proper therefore to say that Belgium and the
United States are within her Jurisdiction, but
it would be proper to say that she has made
provisions to punish her subjects for crimes
committed without as we'll as within her
jurisdiction.
am quite clear that the words committed
IL. v.
do not refer to the personal liabilities of the
criminal, but to locality. The l0cns deytcti-the
place where the crime is committed-must be
within the jurisdiction OF the party demanding
the fugitive.
Stress is put upon the supposed difference i'm
the meaning of the words 81 territory and ''ju-
risdiction," and it is argued that the latter is
more comprehensive than the former term.
This is not necessarily, but probably so; but 1t
does not follow that Belgium is within the jul
risdiction of Germany. All nations have jul
ri heir nh al Har
Vessels upon the high seas and ships of war
everywhere are within the jurisdiction OF the
nations to which they belong. Limited juris-
dictiOn by one nation upon the territory OF an
other Is sometimes coded by treaty, as appears
from the treaties between the United States,
Turkey, China, Siam and other powers. Con-
structiye jurisdiction may possibly exist in
special cases arising in barbarous countries or
uninhabited places, so that effect can be given
TO the word jurisdiction" as meaning more
than territory, without holding that Germany
has Jurisdiction over crimes committed in Paris,
London or Washington. Local claims or deti-
nitions cannot be allowed to govern this case
When nations discuss and treat of their respect
i've Jurisdictions, they do not refer to those duties
and responsibilities which agoyernment imposes
upon its own citizens, but they contemplate
those portions of the earth and places upon its
surface where they have respectively sovereign
power, or, in other words, the right of govern
ment. To recognize the claim Of Germany in
this case would establish precedent that might
lead to serious International complications. We
have no extradition treaty with Belgium but
we have with Great Britain like that under
consideration. Suppose Vogt had committed
the crimes with which he is charged in England
instead of Belgium, and the British authorities
contemporaneously with Germany had de-
Inanded his extradition on that account could
the United States deny that the crimes were
committed "within the jurisdiction" of Great
Britain and not "within the jurisdiction" of
Germany? Could not Great Britain Justly com
plain If, after the murder Of her citizens and
the destruction of her property BY the fugitive,
her claim to him for the purposes OF Justice
should be denied by the United States, and he
should be turned over for trial to Germany
when there Is no evidence Of his guilt,
and when his friends and sympathisers,
II ne has any, may be supposed
TO be. Law writers generally define the jurisdic-
ton Of court to be the power to hear and de-
termine cause, and 1t Is argued that as by the
laws of Germany her courts have power to hear
and determine the case Of Vogt, therefore, his
crimes were committed within her Jurisdiction
One conclusive answer to this view Is that the
word jurisdiction" in the treaty Is not used with
reference to governmental power over the sub
jects Of judicial prefecture, but with reference
to the territory and places with which that
power may be exercised. Again the courts Of
Germany have never had the power to hear
and determine the case Of Vogt. Jurisdiction
over Q subject Ia one thing that 10 confined by
law, Jurisdiction over the person IL another that
Il q fact, which has never existed in this case.
whether the courts Of Germany will or not here.
after ACQUIRE JurindicfS0u In Vook,a casa A.