The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-14
FRIDAY. DECEMBER II, 1900.
THE NELLY CASE.

It is bold man or journal that Will I'M
dcr,take 10 predict what a court will de-
eide in any given case. yet we feel that
we run no risk whatever in predicting that
The Supreme Court Of the United States
viii turn a deaf car 10 ali that the counsel
for Nelly have said. and VIII order that
individual to DC sent to Cuba for trial. The
argument which mas been made for Nicely
cannot be listened to for a moment. II pro
eeeds upon The theory that Cuba is now
wholly independent of the United States
and that the presence Of our soldiers upon
The island is an affront TO rishtful Gov
eminent having dominion over the island.
The answer TO this argument Is that we
entered into war with Spain in strict con-
forrnity with the Constitution. and that in
waging that war we took possession Of the
island of Cuba in just as strict conforni-
~ with the Constitution. Having driven
SPANS Government out of the island it
became incumbent upon Us to set up and
establish another Government there that
could give security TO life and property.
and could answer all the purposes Of such
war power being once invoked remains
operative until every purpose for which the
war was undertaken has been accom-
plished. 1t is, therefore, just as much
within the purview Of the purpose for
which Wa was declared that we should
pacl1y Cuba ana establish stable Gov
ern:nent there as ii was that we should
propositions appear TO Us so elementary
hat we wonder any man could have the
face 10 stand before a tribunal so august
As the Supreme Court OF the United States
and contend for proposition that would
displace Them. Nevertheless, as we have
said, ii is a bold man or journal that will
undertake 10 say beforehand what a court
Will hold in any given case. and it need
not surprise cur readers, therefore. if the
courts decision in this case overrules All
we have suggested, in which event We will
say, as Judge Clopton used to say when
The Court of Appeals reversed him. That
time 1 guessed wrong"
The consequences Of what NeeIy's coun-
sci contend for cannot be considered with
cut u shudder. If we should remove our
troops from Cuba now. and leave all the
wild and incendiary passions struggling
for mastery there now 10 have free course,
what would the result be? The ccnSe-
quences of negro rule in the South are
trifing compared 10 what We should see
in Cuba The negroes of the South. while
disqualified by ignorance and brutality 10
govern themselves or any one else. have
yet lived for two hundred years with the
spectacle before Them OF an orderly Gov
ernment maintained by the white people
But the negroes of CUBA have never seen
anything OF the sort. Their only idea Of
Government is the misrule that they have
seen prevailing under The spai,aaIds.
Turned loose 10 do as they pleased ne
should see Cuba in a condition, not Of an
archy. but Of chaos, with every hase pas
sion put in operation 10 reduce society -
a state of sayagery. II. q very short time
such d state OF things weu!d exist there
as would compel as 10 :eoccupy the island
to establish something ike order. All
mankind would rise up and say tc US that
we had committed a crime against civili-
cation in overth-oming the only selnbl2nce
OF order tina, existed there and then aban-
coming the island to drift as II might. Eye
should simply be compelled 10 reoccupy
The island,