The New York herald., 1874-11-06
EXTRADITIUN OF GERMANs.

Yesterday. in the United States Circuit Court,
Judge Blatchford rendered an important decision
IN the extradition cases OF Herman Thomas and
Joseph Schwick. 1t viii be remembered that
schwick was brought before Commissioner Ken
meth G. White, under a warrant charging Schwlck
with having committed the crime OF forgery at
Munster, Prussia, during 1872 and 1873. His
arrest was procured III this city last spring.
Commss ioner White before whom SchwicK's ex-
animation was had, certided that the evidence
adduced before him clearly proved the guilt of
the accused whereupon the President Of the
United States issued his mandate for the delivery
OF Schwlck TO the authorities OF the German EN-
plre under 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 $1,000 guilders
at Nuremberg, Bavaria, by reason OF forged order
or receipt on the Royal Bank OF Bavaria in June
last His extradition Is 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 Commits
soner Sruwell and by him committed Tor
examination. Applications were made to Judge
Blatchford Tor wrts OF habeas corpus and certlo-
rarls which wrts were granted and served inst
IN time to prevent the involuntary departure OF
Schwlck for Germany The argument under the
wrlts came up before Judge Blatchford three
weeks ago and was aDiy argued on both sides, the
arguments occupying an entire day. The dis
Shai eC VI bobu plisouSEs WlS Clduueu on TWO
principal grounds.
Ftrst-Because no proper mandate had been
obtained from the Executive Department OF the
United states authorizing the arrest Oh the
accused
Second-Because the treaties under which the
extraditions were demanded had been abrogated
by the absorption OF Prussia and Bavaria into the
German Empire, and because the constitution Of
the German Empire adopted in 1871 provides that
the Emperor shall represent the Empire among
nations, declare war and conclude peace, enter
into alliances and other conventions with foreign
countries. acCretlt ambassadors and receive 10
The several States which were absorbed by the
German Empire were precluded from making and
carrying out any separate treaty with any foreign
country, and lnasmuch rs no new treaty providing
iorthe exrradition or fugitive criminals only a
commercial treaty. between the German Empire
and the United States having been concluded
there existed no treaty under which the accused
Judge Batchlord yesterday rendered a long and
very elaborate opinion, which was concurred In
by Justice Woodruff, IN which he holds tnat 1t IS
not necessary Tor any demanding government
first to procure q mandate ron the Executive
Department OF the United States authorizing the
arrest Of fugitive rom foreign country, but
that a complaint may be made, a warrant issued
and the fugitive arrested at once. THIS settles
long dIsputed auesuons on on the subject. In
"lt is contended on the part OF the accused that
the convention with Bavaria was abrogated by
the absorption OF Bavaria into the German En-
pre- An examination OF the pr0vislons OF the
constitution OF the German Empire does not dis
close anything that indicates that then existing
treaties between the several States composing
the confederation, called the German Empire, and
foreign countries were annued or 70 be considered
abrogateu. Indeed, IL is 1lflcut to see now such
treaty as tnat between Bavaria and the United
States can be aprogated by the action OF Bavaria
alone without the consent Of the United States
Where treaty Is Voiated by one OF the contract
ing parties II rests alone with the injured party
TO pronounce it broken. the treaty being in such
case not absolutely void, but vodable at rne elec
ton OF the injured party, who may waive
or remit the iniraction committed, or
may demand just satisfaction, the
treaty remaining obligatory II he chooses
not 10 come TO rupture. In the present case the
mandate Issued by the government OF the United
States shows that the convention in question is
regarded IN lorce both by the United States and
the German EMPIRE represented by Its Envoy.
The application or the foreign Qovernment was
made through the proper diplomatic representa-
tive OF the German Empire and OF Bavaria and
the complaint before the Court was made by the
representative OF the German Empire, and also
representing Bavaria"
Judge Batchtord then dismisses the several
writs and remands the prisoners to the custody OF
the United States Marshal. Under this decision
Scnwick win be taken back TO Germany at once
and Thomas viii nave to await a further examina-
ton bet ore the United States Commissioner.
Peter Cook and Charles W. Brooke counsel for
the accused: salomon and Burke, counsel for the
German Empire.