The Treaties of 1785, 1799, and 1828 between the United States and Prussia, as Interpreted in Opinions of Attorneys General, Decisions of Courts, and Diplomatic Correspondence

By James Brown Scott; Carnegie Endowment for International Peace | Go to book overview

Opinions of Attorneys General of the United States

CASE OF DESERTERS FROM THE PRUSSIAN FRIGATE NIOBE1

The provisions of the treaty of May 1, 1828, between the United States and Prussia, for the arrest and imprisonment of deserters from, public ships and merchant vessels of the respective countries, applies to public vessels sailing under the flag of the North German Union and deserters from such vessels.

ATTORNEY GENERAL'S OFFICE,

August 19, 1868.

Sir: I have considered the opinion of the examiner of claims in your department, transmitted to me under cover of your letter of the 20th ultimo, upon the question, how far the treaty of 1828, between the United States and Prussia, on the subject of the arrest and imprisonment by the local authorities of each country of deserters from the ships of war and merchant vessels of the other, is obligatory upon the United States in respect to deserters from the public and private vessels sailing under the flag of the North German Union.

The result of the victory of Sadowa and the negotiations of Nicholsburg was the territorial enlargement of Prussia, by the annexation of Hesse Cassel, Nassau, Hanover, Holstein, and Frankfort, and the foundation of a confederation or union between Prussia, thus enlarged in territory and population, and the North German States, under a constitution of government which gave the King of Prussia the presidency of the union, with power to declare war and conclude peace, make treaties with foreign States, accredit ministers and receive them, likewise the command, in war and in peace, of the entire army and navy of the union, with power, whenever the public safety is threatened, to declare martial law in any part of the union.

Prussia has a treaty of commerce and navigation with the United States, dated May 1, 1828, which provides, that the consuls of the respective Governments "are authorized to require the assistance of

____________________
1
Official Opinions of the Attorneys General of the United States., vol. 12, p. 463.

-137-

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The Treaties of 1785, 1799, and 1828 between the United States and Prussia, as Interpreted in Opinions of Attorneys General, Decisions of Courts, and Diplomatic Correspondence
Table of contents

Table of contents

  • Title Page iii
  • Prefatory Note v
  • Contents vii
  • Texts of the Treaties 1
  • Decisions of Federal Courts 67
  • Opinions of Attorneys General of the United States 137
  • Tonnage Duty 141
  • Tonnage Duty 142
  • Extracts from a Proclamation by the President of the United States, August 22, 18701 147
  • Diplomatic Correspondence 149
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