The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-12
THE NEELY CASE.

son charged with crime is always more or
less prejudicial to the person in whose in
terest the opposition is made. A man who
is conscious of his innocence should never
be afraid to face his accusers and stand
trial unless conditions are such that he
cannot have a fair trial. II is the business
of a lawyer to take advantage Of every
technicality in favor of his client and to
fight every inch of ground. but as far as the
popular judgment is concerned opposition
to extradition always creates an ~unfavor-
able Impression.
In the present case the contention raises
some interesting questions of international
and constitutional law. The cornerstone of
the contention is that all the acts of the
President in Cuba since the expulsion of the
Spaniards, including the maintenance or
military government and the establishment
os a quasi-civil government, including a
postal service, ETC., have been without au-
thority in international law or in the Con-
stitution of the United States. In sup
port of the first branch of the contention
1t Is claimed that when Congress passed
and the President signed a joint resolution
declaring that the people of the island
are. and of right ought to be. free and in
dependent" they recognized the independ-
ence of the republic OF Cuba; that the
United States did not make war against the
Cuban republic thus recognized, but was Its
ally, and that. therefore. the success of
- -
was conquered, but that the Spanish troops
were driven out of the territory of a friend
ly ally. This being the case, it is further
commended that when peace was declared
between the United States and Spain the
war ended and with it the war powers of
the President, including the right to con-
tinue the military occupation of the island
or do any of the acts that have been done
in that connection. This argument is from
the international point of view. From the
constitutional point of view it is argued
that the maintenance of military govern
ment in Cuba after hostilities with Spain
ceased was unconstitutional, as It Is essen
TALLY a prosecution Of War against the Gu
ooAA 9OftA anu oc " AAoG
the authority to declare war against the
Cuban republic, the control of Cuba, by the
President, as commander-in-chief, was a
virtual prosecution of war without the au-
thority of Congress.
These are large questions to be raised In
defense of a postal thief of the Nicely type,
but as they were pretty sure to be raised
in some connection perhaps it might as
well be in this. 1t is safe to say the Su-
preme Court will find a way to dispose of
States government is a political nonentity
without any of the sovereign powers that
inhere in all governments. The court may
possibly hold that the questions raised by
these contentious are not judicial questions,
but that they belong to the political side of
the government and are therefore not
proper questions for the court TO decide.
One thing is certain: The joint resolution
Of Congress declaring that "the people of
the island of Cuba are and of right ought
to be free and independent was not. at
the time of its passage, regarded either by
the United States or by other powers as a
recognition of the independence or the Gu
ban government. In fact. there was no
Cuban government to recognize. The decIa-
ration was regarded as one OF sentiment
rather than of fact. 1t had less bearing on
the present case than Clause 4 OF the reso-
luton. which reads as follows:
That the United States hereby dIsclaims
any disposition or intention to exercise
sovereignty, jurisdiction or control over
said island, except for the paciication
thereof, and asserts its determination.
when that is accomplished, TO leave the
government and control of the island to the
people.
Under this resolution it became the duty
Of the President, after expelling the Span
ish. to bring about the pacincation of the
DDS as he might deem best. No limitation
was placed on the amount or kind of power
he might use. nor was any time limit set
for the accomplishment of the paciication.
Presumably Congress intended that it
should be complete, and that, pending its
completion. the President should do what
ever he thought necessary for the welfare
OF the Cuban people and in laying the
foundation for permanent pacifcation. This
| grant OF power is large and broad enough
TO cover all that the President has done in
| Cuba and to justify the military occupation
of the island for any reasonable length of
time.
If the Supreme Court takes Jurisdiction of
| the case at all IL will probably take a broad
| view and hold that there is no principle of
| international or constitutional law tina can
| prevent the United States from exercising
the rights of a sovereign power, including
the right to interfere in a ~neighboring coun-
try TO remove i~ntolerable conditions and TO
establish orderly government. 1t certainly
will not hold that the Constitution was In
tended TO handicap the United States gov
eminent and deprive it of necessary powers
| that inhere in all governments. Justice will
| fail unless Nicely is sent back to stand trial
for his crimes where they were committed.
There is a moment says Ludovic Halevy,
In "The Able Constantine" where an
American feels himself rich enough: a
Frenchman never. The American then
! stops. draws breath, and while stiIl hus-
banding the capital. no longer spares the