845 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:

THOMAS COOPER. 805

Countries of the other, provided this shall be done only on such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the offense had been there committed. If the President, therefore, by this treaty, was bound to give this Nash up to justice, he was so bound by law; for the treaty is the law of the land. If so, the charge of interference to influence the decisions of a court of justice is without foundation.

The reason why this article was inserted in the treaty is evident. Murder is a crime against the laws of God and man and ought never to be committed with impunity. Forgery is an offense affecting all commercial countries and should never go unpunished; therefore, every government, especially a commercial one, acts wisely in delivering fugitives guilty of such crimes to justice.

Nash was charged with having committed murder on board a British ship of war. Now, a dispute has arisen about whether murder committed on board such a ship of war was committed within the jurisdiction of Great Britain. I have no doubt as to the point. All vessels, whether public or private, are part of the territory and within the jurisdiction of the nation to which they belong. This is according to the law of nations. All nations have this jurisdiction, and the reason is obvious: every country carrying on commerce is answerable to other nations for the conduct of their subjects on the ocean. Were it not so, crimes committed on board vessels of war would go unpunished, for no other country can claim jurisdiction.

This person, then, was charged with murder committed on board a British ship of war. I say it was committed within the jurisdiction of Great Britain. By the Constitution (since the treaty is the law of the land), America was bound to give him up. But who is the person to deliver up a fugitive according to that article in the treaty? The President was the only person to take the proper steps and to take cognizance of the business. He represents the United States in their concerns with foreign powers. This affair could not be tried before a court of law.