New-York tribune., 1873-07-23
THE VOGT CASE.
EXTRADTTIoN OF THE ALLEGED CRIMINAL
REFUSED.

BIATCHFORD's oPINIoN-REAsONsF FOX DlsAAio"-
ING THE GERMAN CLAIM.
WARRINGTON. July 29-The following is the opin-
ION of Attorney General Williams in the Vogt case
DEPARTMENT OF JUSTICE, WASHINGTON, July a. 1873
JOB DAVIS, Acting Secretary Of State
SIR. have the honor acknowledge the receipt OF
vour communication OF the h instant in which you sub
NIT for nv official opinion the following question: Carl
Vort A Prussan citizen, charged with the commission
az the crimes OF MURDER and robbery, committed
in Brussels the Kingdom OF Belgium, is fugitive IN
tho United States. Can the German Government, under
the provisions Of the Treaty for Exradiuon OF Crm-
nails concluded between the United States and Prussia
and other States June I6 1882, righfuy demand the
surrender by this Government Of the fugitive Vogt In
order that he may tried and punished IN Prussia for
the ofense which charged to have committed IN
Belgumi
Those parts Of the preamble and treaty applicable to
this question as follows;
Whereas 1t found expedent for the better admins
tratiOu OF justice aud the prevention OF crme NlI1n
the territories and jurisdiction Of the parts respeclVe
fugitves from justice shond under certaI a az ~
stances be reCiprOCa0y delivered up auu aIsO W
enumorate such crimes explicitly; ana, w.. .,
Whereas, the laws and constitution OF fIussls anu
other German States parties 10 this conventlon orDd
djction the Government of the United States, with
view OF making the convention slio.!
be held equally free from obligation To clZens
Art Ii is agreed that the United States and Prus-
sia and the other states Of the Gemanc
included In or which NAV hereafter accede 10 hs con-
venton. shall. upon mutual reqmsitons by them OF
made, deliver up to Justice all persons who, being
charged with the crime of murder or WIN ent
10 commit murder piracy, arson, or robbery or org
ery uttcauce OF forged papers or the fabrication
or circulation counterfeit money, whether com or
paper money, OF the embeZZcmeut OF public money,
Committed Within the tursdc ion OF either party shaI
not seek an asylum or shall found within the terrific
ries OF the other.
You stale that the surrender OF Vog Is claimed by
Germany on the ground that hc is Prussian and sub
feet Of the Emperor Of Germauy that by the law OF
Prussia at the date OF the conclusion OF the exradlOn
treaty the United states and Prussia and other
German states QGth Of June, 1882 Prussian subject
who committed certain crimes, among which those with
which VoCt charged included within the territory
OF another nation aud Oud the territories OF Prussia
nevertheless subject to be tried aud punished in
Prussia. This Is also the law of the German EN-
pro. The following appears to be the only point 10 con-
trOyeysy;
Whether or not, according to the true intent and
meaning Of said treaty, the crimes committed by Vog
in the Kingdom Of Belgium were committed within the
jurisdiction Of Germany.
To affirm that the jurisdiction of Germany, by virtue
OF its own laws for the punishment Of crimes, extends
the territory Of Belgium is necessarily 20 hold that
the same jurisdiction extends to France Great Britain
and the United States, and indeed to every ma
tion and country Of the world. Manifestly
the words committed within the jurisdiction"
imply that the crimes named in the treaty
may be committed without the jurisdiction
parties thereto; but If the crimes committed in Bel
GUM were committed within the jurisdiction Of Ger
many then It follows as Belgium as Independent OF
Germany any other nation. that IL impossible for
crimes to be committed outside Of the German empire.
think too that the treaty clearly contemplates that
the fugitive claimed must be person escaping from
the jurisdiction Of the party making the claim to
the jurisdiction Of the other party, recognizing
distinct and independent jurisdictions.
But, II the claim Of Germany is in
this case, NOgt is much within her jurisdic-
ton he when the crimes charged upon him
committed; for the laws under which the claim is
made have much force within the United States
they have in Belgium. The laws of Germany which
provide for the punishment there OF crimes committed
elsewhere by her subjects imply neceSsitate a
du0n for the exercise OF that power that such guilty
subject must come or be conveyed from foreign place
or jurisdiction where the crimes committed to
place where they be taken received and held by
the German authorities.
Germany has "A unquestoned right to punish her
subjects, If she chooses for crimes committed In Bel
GUM the United States but it would not be proper,
therefore say that Belgium and the United States
within her jurisdictions but 10 would be proper TO say
that she made provisions TO punish her subjects for
crimes committed without well in her Jurisdiction
quite clear that the words committed within the
Jurisdiction" used in the treaty do refer the
personal liabilities OF the criminal but 10 locality.
Tho LOCKS deIec the place where the crime is COM
mited must be within the Jurisdiction Of the party
demanding the fugitive. Stress IS put upo the supposed
difference in the meaning Of the words "terrtOry and
jurisdiction" and it is argued that the latter ia
comprehensive than the former term This is not
sary but probably so but it does not follow that Bel
GUM is within the jurisdiction of Germany. All nations
have Jurisdiction beyond their physical boundaries.
Vessels upon the high and ships OF everywhere
arc within jurisdiction Of the nation 10 which they
belong
Limited Jurisdiction by nation upon the territory
Of another is sometimes ceded by treaty, appears
from the treaties between the United States Turkey,
China Siam, and other Powers Constructive jurisdic
ton may possibly in special arising in bar
barous countries unnhabted places, that effect
can be given 10 the word Jurisdiction" as meaning
more than territory without holding that Germany has
jurisdiction crimes committed in Paris, London,
Washington.
local claims or definitions cannot be allowed to gov
ern this When nations discuss and treat OF their
respective Jurisdictions they do refer those duties
and responsibilities which government imposes upon
s 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 government.
To recognise the claim OF Germany In this case would
establish precedent that might lead TO serious interna
fional complications. We have extraditon treaty
with Belgium, but have with Great Britain, like that
under consideration. Suppose Vogt had committed the
crime with which he is charged IN England instead OF
Belgium and the British authorities cOtemporaneOusy
with Germany. had demanded 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
conpain IT, after the murder citizen and the de-
strucon Of property by the fugitive her claims TO
him for the purposes OF justice should be denied by the
United States and he should be turned over for trial 10
Germany where there is evidence OF Its guilt, and
where his friends and sympathzers If be has any, may
be supposed 10 be Law writer's generally define the
Jurisdiction Of court TO be the power 70 have and de-