The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-05-22
APPEAL MADE FOR NBBLY
His Counsel Appears Before the
House Judiciary Committee.
he Asks That the Alleged Defauiter
Ee Not Made the Subject for Lesis-
intive intervention fn Extradition.
Absence OF Treaty SfipuIatiOns.
Lengthy Argument for His Client

F. W Neely. appeared before the Commit
tee on the Judiciary Of the House today in
the matter Of the proposed legislation en-
abling the extradition Of American citI-
Ze1s TO Cuba He presented reasons, he
said. why il would be urwise and unde-
sirable to subject American citizens TO the
Jurisdiction of the Cuban criminal courts
and why the ease OF Mr.. NeeIy should not
be made basis for legislative interven-
tion.
The first contention of Mr. Lindsay was
that in the absence Of a treaty stipulation.
or Congressional legislation. there is no
authority in the United States Government
to extradite fugitive from foreign jus
tice."
In support Of this, the attorney cites
Moore. an authority on international law,
as follows;
In considering the surrender OF fugi-
tives from justice in the absence of a
treaty, the question arises whether the
Government upon which demand for ex-
tradition Is made possesses The
legal authority TO grant IT, This
IS question OF constitutional
Law, and in the United States
the general opinion has been and practice
has been in accordance with IL, that in the
absence Of a conventional. or a legislative
provision. there is no authority vested in
any department Of the Government TO seize
a fugitive criminal and surrender him 10
a foreign power"
Mr.. Lindsay said:
1t is impOFtals 20 Eote that while the
Spanish Government has in exceptional
cases surrendered foreign fUgitives in the
-
livers its own citizens for Trial In other
jurisdictions. no matter what the chaTac-
ter Of the offence may be. or what cir
cumstarces nay have attended its cOmsnis-
sion. The United States Government. as
We have seen, has consistently refused 10
cxtradite all persons. whether citizens or
not. in the absence Of treaty stipulations-
In 1864 case arose which probably pro-
voked more discussion than any other IN
the history Of extradition II the United
States. Stree " -the only instance in
which The Executive has assumed power
20 order the delivery over OF q foreign
fugitive in the absence OF a treaty The
Individual 10 whom this uEeuviable dis
;ILction was given was Don jose AugCStiD
Arguelles. a Spanish citizen ind an officer
Of the Spanish Army. then Lieutenant Gov
/ ernCr Of the District OF Cclon. In Cuba, VINO
had effected the capture CT a cargo Of nea--
4 u l-lbN African TEErOeS ALLEL-SL 10 Ee
I sold in slavery"
The second contention OF Neely's at
toruey vas that the Cuba1s are free and
/ Independent people. and TIE / land OF Cuba
/ Is as much foreiga territory As France o.
/ EDglord, or any other irdependent SOW
| creisaty-"
! IN supper q this Point Mr. Lindsay s. i'd
The position taken by CUv Government a.
/ the beginning OF the late war Is expressed
] r-. IL H-rr r.rf - A. wf
%. lSeS. for the reCoSn-u-u Ct the ind
1 pendence OF the people OF Cuba
| The first clause Of that resolution Eas-
! '' -FIst-Thst the people of the ISLAND o.
I cub are, and Of righ- ought 10 be. fgee
and indep psndent-
BY Article 1 OF The Tresty Of Paris.
| Spain I Isli1qUished all claim Of sOverIs sgntg
| over Cuba. but while by subsequent arti-
I cles certain other Spanish territory was
/ ceded 70 the United States. the Trea. y
makes No mention OF American autho- ity
/ IN Cuba except TO provide fOF its t-ms O.
/ rary occupation.
The American Commissioners expressly
/ refused TO entertain any prOpC CsitiJn in
| volving the idea that the JnieI States
/ was 10 acquire Cuba TEey were WI ing
cRly 70 agree upon the stipulation of Az
I ticle ], and that expressed in AlI;ela XVI
| But neither the President nor his Off
/ GERS can extend the limits. or enlarge tte
/ boundaries Of the Union ThiS can only be
done by Congress. AS the Institutions AID
/ laws OF the United States 60 not extend be
| yOld the limits before assigned 20 them BY
| the legislative power, the inhabitants Of
| Cuta during its military occupation By the
| Un.tec states, can claim none CT the rights
4 and privileges established by such Jaws.
And even where these ins ituJicrs aad laws
| are adopted b. the Governm6n. OF military
occupation. the rights which they confer
Upou the irbabitsnJs Of the conquered er-
rito-y do ret extend TO the States CT Ter
ritoTies OF the United States The con-
gueTed territory is under the sovereignty
| az authority Of the Union. but it is not a
part Of the United States; nor does il css s.
| 10 be q foreign country. or its inhabitants
! cease to be aliens. in the sense in which
| these words are used in the laws OF the
| Unite6 States. such territory forms no
part Of the Unicn. and its inhab- tarts have
] ncne Of the rights. immunities ard d. ivi-
/ leges Of citizens OF the United States, IN
| der the Federal onstitution."
Il was further cOutenCed that "no nation
] should authorize by treaty or legislation
| any form OF extradition TO a place where
| the laws and judicial methods are abho--
rent to its ideas OF right and justice"
Counsel for Neely said that the extradi-
tion system is based upon the theory that
/ civilized nations ought. out OF comfy and
] SoO4 Will. AC1Ati Edtn ONltT SUCn asa IA
| the administration Of criminal justice as
| viii properly tend TO the general repression
/ ard punishment of crime ExtraditiOn ar
| rangements assume the existence in the
| respective jurisdicticrs of just laws and
proper judicial methods In their absenca
| no treaty stipulations on the subject Il ex-
tradition would be justifiable.
The remaining con4entions urged by Mr
| Lindsay were that the policy OF the United
| States has always been TO refuse to extra
dite American citizens TO Spain, Or to places
/ administering the Spanish system OF law
| thai the United States in common with
other nations. has of recent years exempt
| ed citizens from the operation Of extradi-
| tion treaties with nations administering
| different systems Of laws; that the condl-
| ticn ~ affairs in Cuba does not Justify
| certainly not at this time-a departure
! from the policy declared in the Spanish
/ treaty Of 1877; that il is not for the Gov
/ ernment to urge that unless provision is
made for the extradtion of fugitive Ameri-
/ can offenders against Cuban laws a single
or even many-criminals may go IN
whipped Of justice; and that Mr.. Neely's
case affords no occasion for the proposed
! legislation, for he can be tried in the
! Uniteo States courts upon the charge now
1 pending against him
The committee this afternoon decided TO
| r,port the bill favorably.