The New York herald., 1873-07-22

CARL vOGT'S LAST CHANCE.
The Attorney General Decides that Ger.
many Has No Jurisdiction.
A Great American Legal
Triumph in England.

The Attorney General to-day transmitted his
legal opinion to the State Department in the case
OF Carl Vogt now held In custody In New York on
an Information before the proper United States
Court on charge OF murder and robbery CON-
mitted at Brussels, In the Kingdom Of Belgium.
The victim. 1t will be remembered, was Count Bois
de Bisnco and Commissioner Kenneth @. White
and Judge Batchford both decided that vogt
should be held 60 await the Presidents
warrant of extradition. The German governments,
through their diplomatic representative, claimed
that he be Delivered under the extradihon treaty
between Prussia and the United States to the Ger
man authorities to answer the charges against
him, on the ground that he is German subject
The purport Of the opinion OF the Attorney Gen.
eral which Is quite elaborate covering some thirty
six pages Of legal cap, and quoting large number
OF British and American authorities is that though
the papers show that he Is q Prussian or German
born subject, and has never renounced his alle-
glance, yet 1t is equally clear that the crimes were
committed outside Of the jurisdiction OF the Ger
man Empire, and he s, therefore, not amenable to
the laws OF that country. He is answerable only
to the authorities OF the country which
was the scene OF the crime the
crime had been committed In Great Britain
that nation irrespective OF the nationality OF the
criminal, would have right to demand under the
extrad1tion treaty between the two countries the
surrender OF the person 30 charged and II In the
United States he would be answerable to our legal
tribunal. If there existed an extradltlon treaty
between the United States and Belgium
the latter sovereignty could demand the deliver.
snce up OF Vogt. That sovereignty Is the only one
to which the United States could legally sur
render the prisoner and the request OF the
German diplomatic representative must there
fore, be declined, the Attorney General deciding
that Germany has no just demand on vogt. This
| opinion thoagh claimed to be clearly according to
international law and what everybody anticipated
must be the conclusion arrived at WILL In all proba-
blty, have the unfortunate result OF letting the
prisoner so free as there is no extradtion treaty
at present between the United States and
! Belgium. On this question the following from the
authority consulted by the Department Of Justice
In rendering the opinion Is of interest There Is
| great principle involved in the extraditlon OF
| Vogt to the German government. vogt 1t Is
true, born in Germany but he let that country
some time ago and settled In belgium, where he
| became resident. The alleged crime was COM
! mitted in Belgium. Belgium has no extra
| dition treaty with the United States. II
the crime had been committed in France.
Italy, or any other country with whom
| we actually have an extraditon treaty the
German government would have Just as much right
| to demand the extradition OF its former subject.
/
| person, having committed crime In the United
States and having failed to become citizen in the
| United States, may be delivered to Germany
| to be punished there for crimes committed
| here. Under the German and American
laws no person can be tried for any crime II CON-
mitted outside OF the jurisdictions OF the respective
countries. The extradition treaty between Prussia
and the United States, proclaimed June 1, 1858, Is
very explicit on that subject and distinctly states
l
| jurisdiction o. either party"
The Oranges Addressed by Circulars
from the Committee on Transports.
! tfon.
The Select Committee on Transportation, through
their chairman, Senator Window to-day addressed
letters to the State Cranges inviting their coope.
ration in the work assigned the committee. The
following is copy OF the letter.
The Senate of the United States at its last ses.
charged with the duty Of investigating the subject
OF transportation between the interior and the sea
of ann csran sna
deeply Interested. Knowing ths. sniPs tie patrons ons
| OF husbandrY have given much attention to this
matter, and believing that through their or
ganizanon very valuable Information may be OBJ.
quest that you WILL after consultation with the
Oranges In your Jurisdiction, select suitable per-
venient time and place to be hereafter named and and
present the views OF the farmers OF your State In
70 the sGs abuses and
transportation, and also any suggestions they may
desire to make as to the remedy required. Should
| suggested, please inform me OF your action and I
VIII give you due notice Of the time aud place OF
COMMUNICATIONS similar to this have been ad.
dressed to the masters OF all State Oranges ana I
venture to express the hope that the Committee
cooperation OF your organization.
| This Is regarded here as an important stroke OF
policy on the part OF the republican members OF the
committee, and Is construed as inviting the farmers
to seek the reforms desired within the republican
lines
"A Great Legal Triumph.
Colonel Charles Case, receiver OF the First Ma
tional Bank Of New Orleans, has just arrived, and
reports to the Comptroller OF the Currency that he
has received intelligence from Messrs. Jevons
Ryley. his solicitors in Liverpool that the House
OF Lords has recently decided the last OF series OF
Chancery cases In his favor, thus securing some
$4,000 or more to the fund for the general credi-
tors OF the bank Colonel Case may Justly conqrat.
ulate himself upon the result. When the bank
failed, some SIX years since, sundry creditors who
had bought Its bills on the Bank of Liverpool
sought to secure payment OF their claims
In full by instituung proceedings in
Chancery in England, by which they
tied up rendente lite, and hoped fondly to appro-
pirate between 100000 and $500, 900 then on de-
posit In the Liverpool Bank, on the theory that
there had been specific appropriation Of funds to
pay the several bills as they were negotiated.
They seemed confident OF success, and many other
creditors and some eminent lawyers were more
than fearful that this large sum would be lost to
the general fund. But the receiver after care
ful consideration OF the facts, concluded that the
suits ought to be defeated both because these facts
did not warrant the theory Of any special
appropriation and because 1t was not
within the powers OF o national bank to make such
an appropriation in time bill as against the con-
tingency Of Its own intervening insolvency He
resolved, therefore, to contest the cases and did
so. The decision OF the Vice Chancellor was ad-
verse to him. He appealed and some two years
since the Lord High Chancellor and three Judges