Evening journal., 1900-12-14


but he claimed that there was a wide
distinction between the term people
and the expressions state" or ma
tion." There was a jewish people. but
at this time no Jewish nation. A state
is, however, a political and organic en-
tity and while therefore, Congress did
recognize that the Cuban people had
by success in the field of war earned
the right to be regarded as free and in
dependent, it did not follow that any
Cuban government as a political entity,
was recognized. He aruged, on the con-
trary, that, as theresult Of oursuccess on
land and sea, the kingdom of Spain
had executed a treaty with this coun-
try, and that Cuba had been surren-
dered to this country, and that. while
this country held Cuba in trust for the
Cuban people until it had fulfilled the
duties OF such trust and pacifed the is
land, the United States was the only
de facto and de jure government in
Cuba.
AS disproving the suggestion that
there could be no military occupation
after the treaty Of peace, Mr.. Beck ar
gued that, even if such subsequent
military occupation could not be justi-
fed by the war-making power, it was
amply justified by the treaty-maklng
power, under which this country had
assumed the obligation to govern Cuba
until IL was pacified and a new and
stable government constituted. Until
such time the island was necessarily
governed under the law Of belligerent
right, even though there existed no
present hostilities. and peace had been
officially declared.
Mr.. Beck relied with especial fierce
upon the case OF Cross VS.. Harrison. in
which the commanding general OF the
United States in California, after the
Mexican war. maintained military
government from the time of the treaty
until California was admitted into the
Union Mr. Beck said that, while the
political status of Cuba was anoma.
lOus, it was not without precedent. and
he cited the Island OF Cyprus, in which
Turkey permitted English occupation
and rule as long as Russia retained
certain Armenian territory. While.
therefore. the ultimate sovereignty was
in Turkey yet England at present ex-
ercised full sovereignty in Cyprus, and
would until the contingency arose
which would terminate its right in
Cyprus. He also cited the British
military occupation of Egypt as an in
stance Of the same government OF
"dehnitive occupation
He therefore argued that, although
Cuba was foreign to this government,
in the sense that it was not incorpor-
ated as permanent domestic territory
into the United States, it was, never
theless, territory pro tempore Of the
United States subject to our jurisdic-
tion and to our rights as the sover-
eign power and that, therefore, the
United States, acting through the COM
mander-in-chief, had full rights to ex-
ercise all executive, legislative and ju-
diclal powers in Cuba.
With reference to the constitutional
guarantees as to a jury trial in the bill
Of rights Mr.. Beck contended that they
had no application to Cuba.
Mr.. Beck further said that Mr..
Lindsays contention involved a re-
markable contention. He could not
deny the constitutional right of the
government to make the treaty of
Paris; but his argument in effect de-
nies the constitutional right OF the
government to carry out the stipula-
tions OF the treaty. This doctrine,
tested by its inevitable consequences,
is at once seen to be unsound. If this
court were to adopt It, and the presl-
dent were to withdraw the army from
Cuba and remove the existing civil
government. there would then be nogov-
ernment to all In the absence of any
government anarchy ymightpossibly re
suit. This might lead to the destruc.
tion Of life and property, which the
United States, under the treaty OF
Paris has promised to protect. If
therefore, Spain, or any other nation
the lives and property Of whose citi
zens had been thus sacrificed, were
to call this country to account for our
failure to carry out our treaty stipula
tlons, the United States, if Mr.. Lind
says contention were adopted by tn,
court. would be in the position of as
sertlng that it had no power to carr!
out its own treaty obligations
Gould a more humiliating position
be imagined. or one more contrary Z
that decent respect to the opinions O
mankind which Mr.. Jefferson mad
the note to the great Declaration?"
Thus it will be seen that the effoI
to bring Neely to the bar Of justice 70
his alleged crookedness in connectio
! NTH 4ho Utrhar, s,,efo1 cot+rfao IA,