The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-21
THE NEELY CASE.

would arise regarding his extradition for
unlikely that, perceiving the storm was
about to break. Nicely came to the United
States for the express purpose of secur-
ing such protection as he might under the
legal technicalities of which he was prob
ably informed. The trouble all grows out
of the anomalous situation in Cuba. Span
ish laws ended with Spanish sovereignty.
except in so far they have been con-
tinued by courtesy. and the only govern
ment now in existence there is that estab-
lished by the United States for a tenn
porary and specific purpose. Attention has
been called to the fact that we did not
even have an extradition treaty with Spain
covering such case. That is true, though
1t has no bearing on the case. Many years
ago when Boss Tweed, a fugitive from
justice. fled first to Cuba and then to Spain
he was finally surrendered to American
officers by the Spanish government as an
act of courtesy, although there was no
treaty requiring il. But our former or
present relations with Spain have no bear
ing on the case. The only official in Cuba
who could demand the surrender of Nicely
Is the American Governor General Wood.
and he could only do so as the Governor
Of an American State or Territory. That,
of course. is not his legal status, but he
might be recognized as such i'm the inter-
ests of justice. The Constitution of the
justice or person charged with crime flee
ing from one State into another shall be
delivered up on proper demand made by
the Governor of the State from which he
fled. Each State has its own extradition
laws. which apply to Territories as well as
to the other States. and 1t would be no
great stretch of construction to hold that
the Governor General of Cuba holds, for
the time being. the position of Governor of
Territory. The treaty of peace between
the United States and Spain says:
Article /. Spain relinquishes all claim of
sovereignty 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
occupation shall last, assume and discharge
the obligations that may under interna-
tional law result from the fact of its oc-
cupation for the protection of life and
property.
This is a distinct obligation on the part
of the United States during the military
occupation Of the island to do whatever is
necessary for the protection of life and
property. That comes very near embracing
every obligation and power of government
1t is clear that under this provision the
United States is responsible during its oc-
cupation Of Cuba for the protection Of the
lives and property of the subjects of for
eign governments in the island. Why not,
thieves in the postal service? Under the
article of the treaty above quoted Brit
ish subject committing an extraditional
crime in Cuba and fleeing to Great Britain
could be demanded by the United States
as a fugitive from justice and would doubt
States be the only refuge for persons who
have committed crime in Cuba, and shall
our temporary government of the island be
construed to give technical license to
commit crime there? In the present sit
uation, and considering our relations to
Cuba, this is the last country on earth In
which a person of any nationality. hav-
ing committed crime in Cuba, should
find refuge under a legal technicality. and
for an American criminal to find such
refuge would seem like adding insult to
injury. If Nicely had fed to Australia,
Russia or Turkey the United States would
have demanded and got him. Shall he find
under American law a protection that he
would not have had in any country of
Europe?
law and general principles. but the gov
eminent believes it is competent for Con-
gress to legislate for this particular case
The Constitution of the United States says:
The trial of all crimes shall be by jury;
and such trial shall be held in the State
where the said crimes shall have been
committed; but when not committed with
In any State. the trial shall be at such
place or places as the Congress may by
law have directed.
This was intended to cover every posi-
BILE case and to bring to trial. somewhere
every possible perpetrator of crime within
the jurisdiction OF the United States, if
not in a State. then somewhere else. A
fair construction of the provision quoted
would give Congress power to provide that
crimes committed In Cuba during the tenn
porary occupation of the island by the
United States shall be tried there. Sub
stantially this is what the attorney gen.
eral has asked Congress to do. He has
drafted bill and sent II 10 Congress pro-
viding that the present laws of the United
States relative 10 extradition between the
United States and countries with which the
United States has treaties of extradition
shall apply to the extradition of fugitives
from justice from Cuba while the govern
ment of that island is exercised under the
authority of the United States. 1t could
do harm to pass this bill. and Con-
gress should pass IL Immediately. IT is
| objected that such a law would be an
| ex post facto one and therefore unconsti-
| tutional. The Journal thinks not. An
| ex post facto law is one that makes GRIM
| inal and punishable an act which was In
| nocent and legal when IL was done That
| would not happen in this case. Nicely IS
| acts criminal when committed. and
| the law asked for by the attorney gen.
eraI would not make them any more so.
| 1t would not affect the nature of the act.