The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-01
CUBAN ~ExTRADITION BILL.
Text of the Report Presented to
Senate by Mr.. Fairbanks.

Text of the Report Presented to the
Senate by Mr.. Fairbanks.
WASHINGTON, May 3l.-Following is
| the text of the report presented by Mr..
| Fairbanks, from the Senate committee on
| judiciary, OH the bill providing for extra
| dition of fugitiyes from Cuba:
1.-THE committee on the judiciary, to whom
was referred the bill III. r. 1119) amend
| ing Section 500 of the Revised Statutes OF
the United States, after full considera-
ton report the same back with an amend
ment in the nature of a substitute. Article
/ of the treaty of peace between Spain and
the United States reads as follows:
Spain relinquishes all claim of sover-
| eighty over and title to Cuba. And as the
island is upon its evacuation by Spain to
be occupied by the United States the
United States will. so long as such occupa-
ton shall last, assume and discharge the
obligations that may under international
law result from the fact of its occupation
for the protection of life and property
1T is upon the United States
under this solemn engagement to protect
life and property in the Island of Cuba
while in control thereof, and to that end
she must aid in making effective the ad-
ministration of justice therein. If crimes
| are committed and those who commit them
seek asylum in the United States they
must be returned to the authorities to be
dealt with under the laws there in force
or both life and property In the island
would be insecure. The liberties of the in
dividual in the United States are so care
| fully and properly safeguarded that he
cannot be arrested and detained without
some warrant of law. The arrest must be
made by the express sanction of the law,
otherwise the prisoner, although con-
| fessedly guilty, will be discharged and set
at liberty on a writ of habeas corpus.
There is no existing law under which a
man may be arrested for an offense COM
mitted in the Island Of Cuba. There exists
no extradition treaty between the United
States and Cuba under which fugitives
from justice may be detained and returned
to the island for trial and punishment.
| According to Mr.. Jefferson the laws of
the country take no notice of crime COM
| mitted out of their Jurisdiction. The most
atrocious offender coming within their pale
is received by them as an innocent man,
and they have authorized no one to seize
and deliver him. 1t is therefore evident
that without some adequate authority for
| the detention and return of criminals fee
ing to the United States from Cuba the
| United States would become the refuge
| of lawbreakers. Moreover, such fugitives
would wholly escape punishment for their
onenses against the criminal laws of Cuba,
for no courts of the United States would
have jurisdiction in the premises. The
| courts of Cuba alone can take cogniZance
of offenders against the criminal laws
which by the orders of the military gov
ernor of the island are In force and effect
therein.
Our fduciary relations to Cuba are of
| such a singular and exalted character that
We should be quick TO provide all necessary
means for making effective the laws which
are operative in the island. 1t would in
deed be idle for the military authority to
provide or sanction a criminal code for the
island If criminals could escape to the
United States and no means be afforded
for their apprehension and return to the
proper jurisdiction, there to answer the
charges standing against them.
Some suggestion has been advanced to
| the effect that provision should be made by
congressional act for the trial of persons
in the judicial ribunals of the United
States for offenses committed against the
laws in force in Cuba. We do not deem 1t
essential to pursue at present the question
as TO whether the Congress has the power
to vest in the courts of the United States
| jurisdiction over offenses committed in a
foreign country against the laws estab-
lished or sanctioned therein by the mill
tary authority. We are satisfied that II
| the power were undoubted its present exer-
else would be unwise and inexpedient.
"While the island is administered by the
military power of the United States Offend
ers against the civil and criminal laws in
force therein should not be removed for
trial in the courts Of the United States IL
there existed the constitutional power con-
ferring upon them such Jurisdiction. The
expense of the administration of justice
would be greatly n unnecessarily in
creased; the attendance of witnesses would
be secured with difficulty; the judicial pro-
cesses of our courts do not run to Cuba
nor are there officials there to serve them
II cNcn IL lSSutu. dnu ulSIIuSI
would naturally arise in the minds of the
| Cubans as to the purpose and end to be
accomplished. The people of Cuba should
be permitted to see justice administered
in their own courts. They should be per-
mitted to see that justice is not a COM
modify to be bought and that all violators
of the laws in force In the island are to
be visited with certain and adequate pun
ishment in the judicial tribunals estab-
lished therein.
ut is a well-recognized principle of in
ternational Jurisprudence hat the extradi-
ton system rests on reciprocity. but the
relations which exist between the United
| States and Cuba are so exceptional and
anomalous in their character that consid-
~erations Of reciprocity which are usually
observed between nations entering into
treaties OF extradition should nave no
weight. The rule should have no applica-
ton here. In a Technical legal sense the
United States and Cuba are foreign to each
other. but for the time being and until the
existing trust relations cease upon the alb
solute surrender of Cuba to the control of
its own government the power of the
United States is present I'm the island.
There is for the time being no independent
sovereignty then with which a reciprocal
convention could be secured.
THE governor of Cuba is a governor un-
der the military power Of the United States.
and the extradition of fugitives from JUS
tice may be authorized by Congress with
out regard TO the rule of reciprocity and
without violating any of the wholesome
provisions or limitations of international
law. We could not in good conscience and
with a just regard for the interests of the
island within our control and the interests
of society refrain from enacting a suitable
statute of rendition and surrender.
I'm order that there may be no vexatious
exercise of the power of extradition under
this act IL is provided that there shall be
shown probable cause before a Judge of
the appropriate court, who shall order the
return and surrender. but no such order
shall be made until the Judge shall be sat
isfied that the accused will have a speedy
and fair trial.
Senator Fairbanks has given notice that
he will call up the measure as soon as the
appropriation bills are out Of the way. He
may get an opportunity to do this to-mor-
row or 1t may be delayed until Saturday.
but whenever 1t is brought up no delay
in a vote IL expected. nor IL there any doubt
Of the result. II will pass. As II IL . SUBJ