The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-01-16
Cuba is Independent.
Supreme Court Renders I'm.
portant Decision IN Nicely
Case,

Washington, Jan Ia The United
States supreme court today announc.
ed it's decision 10 the case of G. F
W Nicely of Indiana. charged with
embezzlement of the public funds of
Cuba while acting a. financial agent
of the department OF posts of that
island, holding that Nicely is subject
to extrsdition and must be surrender.
ed to the Cuban authorities.
The court held that Cuba is foreign
territory, our only purpose 10 the
war with Spain being to free the
Cubans from Spanish dominion. Tho
decision was based upon the act of
June 8. 1900. which act was held to
be constitutional
Justice Harlan handed down the
courts opinion. which was unaui.
nous An order was issued reouir.
ing that the mandate in the case be
issued ct once
The opinion embraced q complete
review OF tho case. Justice Harlan
said that there was no dispute that
on the 9th Of June. 1900, when the
act under which this proceeding 10
brought became . law Cuba vas
"under the control of the United
Ststes," and occupied by this gov.
erument "
The court ssid the question of
Ouba's status was not difficult of
solution and cited successive steps
in and affecting the case 1t said (:
Tho facts above detailed make it
clear that Cuba is foreign territory
within tho meaning Of the act of
June g. 1900. 1t cannot be regarded
by any constitutional. legal or inter
national sense. . part of the territory
Of the United States While By the
sos of April Is, 1898, declaring war
between this country and Spain, the
president was directed and empower.
ed to use our entire land and naval
forces as we'll % the militia of the
several states to such extent ss was
necessary 10 carry the act into effect,
that authorization was not for the
purpose of making Cuba On integral
part of the United States. but for the
purpose only of compelling tho re
linquishment BY Spain of its suthori
~ aud government in that Island and
the Withdrawal of ,ts forces from
Cuba aud Cuban waters The legis
lativc and executive branches of the
government by tbs joiot resolution OF
April 20. 1893. expressly disclaimeo
any purpose to exercise sovereignty,
jurisdiction or control over Cuba,
"except for the psci6ostion thereof"
and asserted the determination of the
United States. that object being 40.
complished. to leave the government
snd control of Cuba to it's own
people All that has beea done iu
relation to Cuba has bad that end 10
view and 90 far o. the court is
Informed by the public history of the
relations Of this country with that
island. nothing has been done iucon
sistent with the declared object of
the war with Spain
"Ouba is none the less foreign
territory within the meaning of toe
act OF congress. because il is under
military governor appointed BY and
representing the president in tho
work of assisting the inhabitsnts of
that Island to establish . government
OF their own under which, % free
end Independent people, they may
centrol their own affairs without in
reference BY other nstions The
occupancy of the island BY troops Of
the United States wss the necessary
result Of the wsr That result could
not have been avoided by the United
Ststes consistently With the prin
ciplss Of international law or with its
obligations to the people Of Cube.
II 10 true that % between Spain and
the United 6tates-iudeed, % be
tween tho United States and oil for.
eign nssions-Oubs. upon the osssa.
tiou of hossilities with Spain. and
after tho treaty Of Paris. was to be
treated - II it were acquired terri.
tory But 90 between the United
States end Cuba that leland is terri.
tory held in trust for the inhabitants
OF Cuba to whom it rightfuIIy belongs
end to whose exclusive control il
will be surrendered when Q stable
government shall have been estab.
lished by their voluntary action
"Wbeu the Uni.ed States required
sod enforced the rslinq nquishmeus BY
Spain Of her sovereignty IN Cubs aud
determined 70 occupy sud control the
island Until thore was comp plete
tranquility 10 oil iss borders and until
the people Of Cuba had created for
themselves a stable government, it
succeeded to the authority Of the dis