The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-11-15
HYTRADITl0N OF GERNlNS
rrro,a the New York Herald. I

Iron the New York Herald
Yesterday, in the United States Clrcul
!Court, Judge Blatchford rendered an impor
tant decision in the cases Of Herman Ihoma
and JOSEPH Schwick. It will be remembered
that Schwick was brought before Commits
sioner Kenneth G. White, under warran
charging Schwick with having committed the
crime of forgery at Munster, Prussia, during
1872 and 1873. His arrest was procured II
this city last spring. Commissioner White
before whom Schwick's examination was had
testified that the evidence adduced before
him clearly proved the guilt Of the accused
whersupon the President of the United States
issued his mandate for the delivery OF Schwick
to the authorities OF the German Empire un
der the treaty between the King OF Prussia and
the United States concluded in June, 1852
Thomas was arrested in this city last September
on the charge of having obtained $4,000
guilders at Nurenburg, Bavaria, by reason Of
q forged order or receipt on the Royal Bank
of Bavaria, in June last. His extradition i.
also asked on behalf of the German Empire
under the treaty between the United States
and the King Of Bavaria, entered into in 1858.
Thomas was brought before Commissioner
Stilweli and by him committed for examina-
ton. Applications were made to Judge
Blatchford for writs of habeas curpus and GER
| in time to prevent the involuntary departure
of Schwisk for Germany. The argument I'M
der the writs came up before Judge Blatchford
three weeks ago, and was ably argued on both
sides, the arguments occupying an entire day.
| The discharge of both principals was claimed
on two principle grounds:
l. Because no proper mandate had been
obtained from the Executive Department of
the United States authorizing the arrest OF the
accused.
g. Because the treaties under which the ex-
| traditions were demanded had been abrogated
| by the absorption of Prussia and Bavaria into
the German Empire, and because the Consti-
tuition of the German Empire adopted in 1871
| provides that the Emperor shall represent the
Empire among nations, declare war and con-
clude peace, enter into alliances and other
conventions with foreign countries, accredit
ambassadors and receive them. The several
States which were absorbed by the German
Empire were precluded from making and
carrying out any separate treaty with any for
eign country, and inasmuch as no new treaty
providing for the extredition Of fugitive crimi-
nails (only commercial treaty. between the
German Empire and the United States having
been concluded there existed no treaty under
which the accused can be extradited.
Judge Blatchford yesterday rendered a long
and very elaborate opinion, which vas con-
| CURED in by Justice Woodruff, in which he
holds that it is not necessary for any demand
ing government first to procure mandate
from the executive department of the United
States, authorizing the arrest of fugitive
from foreign country, but that complaint
may be made, warrant issued and the fugi-
tive arrested at once. This settles long dis
puted questions on the subject. In reference
to the other point, the Judge says: cit is
commended on the part of the accused that
the convention with Bavaria was abroga-
ted by the absorption of Bavaria into the
German Empire. An examination of the
provisions of the Constitution Of the German
Empire does not disclose anything that indi-
Gates that then existing treaties between the
several States composing tie confederation,
called the German Empire, and foreign coun-
tries were annnlled or to be considered as
abrosated. Indeed, it is difficult to see how
such a treaty as that between Bavaria and the
United States can be abrogated by the action
of Bavaria alone without the consent of the
Nnited States.
When treaty is violated by one of the con-
tracing parties, it rests alone with the injured
party to pronounce it broken, the treaty
being, in such case, not absolutely void, but
voidable at the electson of the injured party,
who may waive to remit the infraction COM
mltted, or may demand just satisfaction, the
treaty remaining obligatory if he chooses not
to come to a rupture. In the present case,
the mandate issued by the Government of the
United States shows that the convention in
question is regarded as in force both by the
United States and the German Empire, rep
resented by its Envoy. The application of
the foreign government was made through the |
proper diplomatic representative of the Ger
man Empire and Bavaria and the complaint
before the court was made by the representa-
tive Of the German Empire, and also repre-
senting Bavaria"
Judge Blachford then dismisses the several |
writs and remands the prisoner to the custody |
of the United States Marshal Under this |
decision Schwick will be taken back to Ger |
many at once, and Thomas will have to await |
q further examination before the United States |