New-York tribune., 1900-12-12
RIGHT TO GOVERN CUBA.
ASSISTANT ATTORNEY-GENERAL BECK'S
ARGUMENT IN THE NELLY CASE.

Washington. Dec n.-Argument in the Neely ex-
tradition case was continued in the United States
Supreme Court to-day, Assistant Attorney-General
James ". Beck speaking on behalf of the Govern
ment. He characterized Mr.. Lindsay's contention
OF yesterday meaning logically that II an Amsri-
can citizen should apply the torch OF the incendi-
ary 10 the homes OF The Cuban people and assas-
sinate its citizens and then fee to this country the
United States although pledged by the Treaty of
Paris TO protect life and property in Cuba during
the period of its occupation, was powerless TO de-
liver such fugitive to the municipal authorities of
Cuba. He said that this contention was without
reason or authority to support It, and that the
position was that this Nation had the same right
as other Independent nations surrender fugitive
criminals when ii felt called upon from consider
atoms Of comfy or public policy. TO do So More
over. he declared that il was inherent attribute
of sovereignty. being International obligation
which each independent State must. in the comfy
of nations fulfil to another.
AS to the right TO govern Cuba, Mr.. Beck took
issue with Mr.. Lndsay's whole contention He
said that the Government. before the outbreak OF
war with Spain, had uniformly refused recog-
nize the Cuban Republic He denied that the joint
resolution operated To recognize that republic This
ne said. was shown by the fact that Congress
struck out of the joint resolution provision which
specifically recognized the existence OF Cuban
Republic. In the resolution as finally passed Mr.
Beck pointed out Congress had recognized that the
Cuban people were free and independent. but he
SAID there was wide distinction between the term
people and the expression state or nation
CUBAN REPUBLIC NOT RECOGNIZED.
State is, however a political and organic
entity, and while, therefore. Congress did recog-
nize that the Cuban people had by success in the
field Of war earned the right to be regarded free
and independent it did not follow that any Cuban
Government, a political entity, was recognized
He argued. on the contrary, that the result OF
American victories on land and sea Spain had ex-
ecuted treaty with this country and Cuba had
been surrendered 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 pacihed the island. 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 argued that even If such subse-
BY the war making power it amply justified
Country had assumed the Obligation to govarn Hi5
CuDa until it was paeihed and new and stable
was necessarily governed under the law OF bel
hgerent right. even though no present hostlites
M Beck relied with especial force upon the case
ing general Of the United States in California after
the Mexican war maintained military govern
caiifoFnia was admitted into the Union Mr. Beck
Ina "iS Ine RoLr;;TSa oL Cuoa was
cited the island Of Cyprus. in which Turkey per-
Russia retained certain Armenian territory While
therefore, the ultimate sovereignty was in Turkey
in Cyprgs and % would do 50 until the contingepcy
arose winch would terminate It's rights in that
tion Of Egypt instance OF the same govern
ment OF 'defnltlve occupation. .-.-a-
JUSTIFYING MILITARY GOVERNMENT
He therefore argued that although Cuba was for
egn to this Government in the sense that il was
not incorporated permanent domestic territory
into the United States it was, nevertheless terri
tory pro tempore of the United States, sabjset to
American jurisdiction and rights the sovereign
power, and therefore the United States, acting
through the commander-in-chief, had full rights 70
exercise all executive legislative and judicial pow
in Cuba
With reference to the constitutional guarantees
as 10 a jury trial Mr.. Beck contended that they
had applica ton Cuba
He further said that Mr.. Lindsay's contention in
vOlVed 4 remarkable contention He could deny
the constitutional right OF the Government TO
make the Treaty OF Paris. but his argument in
ment carry out the stipua tons Of the treaty
This doctrine tested by its Inevitable consequences
at once seen to be unsound- II the Court were
to adopt II and the President to withdraw the
ernment there would then be government at all.
In the absence OF any government anarchy might
possibly result. This might lead to the destruction
of life and property which the United States, under
therefore, Spain any other nation, the lives and
property OF whose citizens had been thus sacri-
feed were call this ntry TO account Tor 1al-
uTe 10 carry treaty stipulatOnS, the United
States if Mr.. Lndsay's contention were adopted by
the Court. would be in the position of asserting
that it had no power TO carry out It's own treaty
humiliating position be ina gined one more con-
trary 70 that decent respect TO the opinions OF
mankind which Mr.. jefferson made the keynote
the great De@laration?
After reply by Nr. Lindsay the Court took the
case under advtsement