Alma record. (Alma, Mich.) 1878-1928, 1901-01-18
IL Foreign Territory.

ADnOuHC eng the court conclusion ON
the status OF Cuba Justice Harlan said
The facts detailed make II clear that
cuba Is foreign territory within the
meaning OF the act OF June 6. 1900 II
cannot be regarded in any constitutional,
legal or international sense part OF the
territory OF the United States. While. by
the act OF April Is. 1898. which declared
war between this country and Spain, the
president was directed and empowered
10 use our entire land and naval forces
as well as the mintia of the several states
10 such extent as was necessary 20 carry
the act into effect, that authorization
was not for the purpose OF making Cuba
an integral part OF the United States.
but for the purpose only OF compelling
the REIMBURSEMENT by Spain OF its au
thor!ty and government in that island
and the withdrawal of its forces from
Cuba and Cuban waters. The legislative
and executive branches OF the govern
ment by the joint resolution of April 20.
lS9s, expressly disclaimed any purpose TO
exercise sovereignty. jurisdiction or con-
tnll over Cuba, except for the pacificatiOn
thereof, and asserted the determination
OF the United States, that object being
accomplished, TO leave the government
and control OF Cuba 10 its own people.
All that has been done IN relation 10
cuba has had that end In view. and 50
Tar AS the court IS informed by the pub
Try with that island nothing has been
done inconsistent with the declared OBJ
ject OF the war with Spain.
Military Control.
CUBA Is none the less foreign terri
tory. within the meaning OF the act OF
congress. because u is under a military
governor appointed by and representing
the president IN the work Of assisting the
inhabitants OF that island TO establish
government OF their own, under which,
as free and independent people they
may control their own affairs without In
reference by other nations. The occu-
paucy of the island by troops OF the
t'uited States was the necessary result
of the war. That result could not have
been avoided 10y the United States con-
sistcnuy with the principles OF inter-
national law, or with the obligations 10
Tho people of Cuba. II is true that as
between Spain and the United States
indeed. as between the United States and
all foreign uations-Cuba, upon the cossa-
tiou OF hostlitics with Spain, and after
the treaty OF Paris. was 10 be treated
dis II IL were conquered territory. but,
as between the United States and cuba,
that island is territory held in trust for
the inhabitants OF cuba. 10 whom 1t
rIrhtfully belongs and 90 whose cNclu-
siyc control IL viii be surrendered when
a stable government shall have been cs-
tahli-hcd 10y their voluntary action.
Power of Congress.
81; cannot hc doubted that when the
United States required and enforced the
REIMBURSEMENT 10y Spain OF her sover-
tleutN i'm cuba, and determined 10 occu-
yy ANA control the island until there was
complete tranquility in all its borders,
and until thc people OF Cuba had created
for themselves "a stable government, IT
succceIed 10 the authority OF the dis
placed government. SO far at least that
10 became its duty. under international
law and pending the pacihcation OF the
island. 20 protect in all appropriate legal
modes the lives, the liberty and the prop
erty OF all those who submitted 10 the
authority of the representatives, OF this
country