The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-23

WASHINGTON D. O., July q, 1874
Attorney General Williams to-day transmitted
to Acting Secretary OF State j G. B. Davis his on
cial opinion In the case OF Carl vogt, q Prussian
citizen, charged with murder, arson and robbery,
committed in Brussels, and fugitive in the United
states. The question submitted to the Attorney
General was, "Can the German government right
FULLY demand the surrender Of the fugitive under
the treaty Of June 49, 1882" The following is the
opinion OF Mr.. Williams, answering the question In
the negative
THE ATTORNEY GENERALS OPINION
DEPARTMENT OF JUSTICE,
WASHINGTON, July q, 1873.
Hon. ]. C. B. DAVIS, Acting Secretary OF State:-
cent Of YOUR Capitalization Of the 7th inst, in
which you submit for my official opinion the fol-
lowing question Carl Vogt, q Prussian citizen,
der, arson and robbery, committed IN Brussels in
the Kingdom Of Belgium, Is a fugitive in the
under the Provisions Of the Treaty. for Extradton
for Criminals, concluded between the United States
and Prussia and other States, June 49, 1872, right
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 BelgumP
Those parts of the preamble and treaty applica-
BILE to this question are as fOllOws:-
Observation-Disclosures it Is found expedient for
the better administration OF justice and the prose-
cuton of crime within the territories and urisdic-
ton OF the parts respectively that persons CON-
mlCtlQR certain nel0OuB CrlIncS, DcluK IuKlJlVeS
from justice should, under certain circumstances,
be reciprocally delivered up; and also to enume-
rate such crimes explicitly.
And whereas the laws and constitution OF Prus-
sia and other German States parties to this con-
ventiOn forbid them to surrender their own citi-
zens to foreign jurisdiction. the government Of
ventiOn strictly reciprocal, shall be held equally
free from obligation to surrender citizens OF the
United States.
ARTICLE lit is agreed that the United States
ana Prussia and the other States Of the Germanc
accede to this convention, SHALL upon mutual
acquisitions by them or their Ministers, oicers or
authorities respectively made, deliver up to justice
oil persons who, being charged with the crime OF
murder, or assault with intent to commit
murder, piracy or arson or robbery or forgery, or
or circulation Of counterfeit money, whether coin
or paper money, or the embezzlement OF public
money, committed within the jurisdiction OF either
party, shall seek an asylum or shall be found within
the territories of the other.
WHAT GERMANY CLAIMS.
You state that the surrender OF VOgt Is claimed
by Germany on the ground that he is Prussian
and subject of the Emperor OF Germany; that by
the law Of Prussia, at The date Of the conclusion
States and Prussia and other German States 10th
OF June, 1852, Prussian subject who committed
certain crimes, among which those with which
territory Of another nation, and beyond the
to be ea ana e PRUSSIA TS
is also now the law OF the German
true intent and meaning Of said treaty the crimes
committed by vogt in the Kingdom Of Belgium
many. TO affirm that the Jurisdiction OF Germany,
by virtue OF It's own laws for the punishment Of
Grmss extends oyer oyer the territory Of Belgium
diction extends to France, Great Britain and
the United States, and indeed to every nation and
mitted within the jurisdiction'' imply that the
crimes named in the treaty may be committed
without the jurisdiction OF parties thereto; but II
the crimes committed In Belgium were committed
w Unm the Of GERMANY then
outside Of the German Empire. ! think, too, that
the treaty clearly cOntemplaes that the fugitive
claimed must be person escaping from the juris-
diction Of the party making the claim to the
distinct and independent jurisdictions. But ff the
claim OF Germany Is correct in this case, vogt Is
as much within her Jurisdiction now as he was
ted; for the laws under which the claim Is made
have as much force within the United States as
they have in Belgium. The laws OF Germany. which
provide Tor the punishment there OF crimes COM
mitted elsewhere by her SUBJECTS imply er necessf-
tate as condition for the exercise OF that power,
that such guilty subject must come or be conveyed
crimes are committed to SEINE place, where
the German authorities Germany has an
unquestioned right to punish her subjects If she
the United States; but it would not be proper,
therefore, to say that Belgium and the United
States are within her Jurisdiction but 1t would be
proper to say that she made provisions to punish
her subjects for crimes committed without as well
as within her jurisdiction. am quite clear that
the words committed within the Jurisdiction"
used IN the treaty. do not refer to the personal
liabilities OF the criminal but to locality. The To-
Gus delectt, the place where the crime is commit
ted must be within the jurisdiction Of the party
demanding the fugitive. Stress is put upon
the supposed difference in. the meaning Of
argued that the latter is more comprehensive than
the former term This Is not necessarily, but proba-
bly, SO; but 1t does not follow that Belgium is
within the jurisdiction OF Germany. All nations
have jurisdiction beyond their physical boundaries.
Vessels upon the high seas and shps-of war every
where are within the jurisdiction OF the nation to
which they belong. Limited Jurisdiction by one
nation upon the territory OF another is
SOMETIMES CEDED BY TREATY,
as appears from the treaties between the United
states, Turkey, China, Siam and other powers.
Constructive jurisdiction may possibly exist in
special cases arising In barbarous countries or I'M
Inhabited places, so that effect be given to the
word "JursdictlOnn as meaning more than terri
tory, without holding that Germany has jurisdic-
ton over crimes committed In Paris, London or
washington. Local claims or definitions cannot
be allowed to govern this case. When nations
discuss and treat Of their respective jurisdictions
they do not refer to these duties and respOnsibil-
ties which government imposes upon it's own citi-
zens, 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 government Torecognize the claim
OF Germany In this case would establish prece-
dent that might lead to serious international com.
pcations. We nave
NO ExTRAD1TI0N TREATY WITH BELGIUM,
but we have with Great Britain, like that under
consideration. Suppose vogt had committed the
crime with which he is charged in England instead
OF Belgium, aud the British authorities contcm-
poraneously with Germany had demanded his ex-
tradition on that account Could the United stafA
deny that the crimes were committed iWttbiT the
Jurisdiction Of Great Britain" and not within
Great Britain Justly Complain II after thu , mot
der OF her citlzen and the destruction of
her property BY the fugitive her claims to him for
the purpose OF justice should be denied nv tho
United States, and he should be turned over for
trlai TO Germany, where there Is no evdencs or his
Euilt, ana where ms friends and sympathizers, II
nc has any, may be supposed to be- law writera
generally define the jurisdiction Of a Court to be
the power to hear and determine cause and n in
argued That, as by the laws OF Germany her Courts
have power to hear and determine the case of
vog5 therefore hs crimes were committed
MItnin ner JURISDICTION. One conclusive an
swer TO THIS view is that the word
jurisdiction" in the treaty is not used with refer.
ence to governmental power over the snbiecfs or