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 4-The United
States supreme court today announc-
ed it's decision 10 the case OF G. +
W Neely of Indiana, charged with
embezzlement of the public funds OF
Cuba while setting as financial agent
of the department Of posts of that
island, holding that Nicely is subject
to extradition and must be surrender
ed to the Cuban authorities.
The court held that Cuba is foreign
territory, our only purpose in the
war with Spain being to free the
Cubans from Spanish dominion The
decision was based upon the act of
June 6, 1900, which act was held to
be constitutional.
Justice Harlan handed down the
courts opinion. which was unani-
nous An order was issued requir.
ing that the mandate in the case be
issued at once
The opinion embrsced complete
review of the case. Justice Harlan
said that there was no dispute that
on the 9th of June, 1900. when the
act under which this proceeding is
brought became law Cuba was
"under the control of the United
States," aud occupied by this gov
erument /"
The court said the question OF
Cuba's status was not difficult Of
solution and cited successive steps
in and affecting the case 1t said !:
s.Tbe facts above detailed make it
clear that Cuba is foreign territory
within the meaning of the act OF
June 6, 1900. 1t cannot be regarded
by any constitutional, legal or inter
national sense, part of the territory
of the United States While by the
act of April Is, 1898. declaring war
between this country aud Spain, the
president was directed and empower.
ed to use our entire land and naval
forces as we'll as the militia Of the
several states to such extent as was
necessary to 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 re
liuquisbment by Spain of its authori
ty and government in that island and
the withdrawal of It's forces from
Cuba aud Cuban waters The legls
lative and executive branches of the
government by the joiut resolution OF
April 20. 1898, expressly disclaimeo
any purpose to exercise sovereignty,
jurisdiction or control over Cuba.
"except for the paciication thereof, ;,
and asserted the determination of the
United States, that object being ac-
complished. to leave the government
and control of Cuba to it's own
people All that has been done in
relation to Cuba has bad that end in
view and so far as the court ls
informed by the public history of the
relations of this country with that
island. nothing has been done iocon
sistent with the declared object OF
the war with Spain
"Cuba is none the less foreign
territory within the meaning of the
&C. of congress, because it is under
military governor appointed by and
representing the president in tn.
work of assisting the inhabitants Of
that leland to establish government
of their own under which, as free
and independent people. they may
centrol their own affairs without in
reference by other nations The
occupancy of the island by troops Of
the United States was the necessary
resalt of tho war That result could
not have been avoided by the United
States consistently with the prin
ciples Of international law or with it's
obligations to the people Of Cubs.
1t is true that 80 between Spain and
the United 8tates-indeed, as be
tween the United States and all for
eign nasions-Cuba. upon the cssss-
ton of hostilities With Spain. and
after the treaty Of Paris. was to be
treated as if it were acquired terri.
tory But as between the United
States and Cuba that island ls terri
tory held in trust for the inhabitants
of Cuba to whom it rightful!y belongs
and to whose exclusive control it
will be surrendered when stable
government shall have been estab.
lished by their voluntary action
"Wheu the Uoised States required
aud enforced the relinquisbmeus by
Spain of her sovereignty IN Cuba aod
determined TO occupy and control the
island uosil there was complete
tranquility iu all it's borders and uot'l
tie people Of Cuba had created foF
themselves stable government. 1t
er.ooodaG to .ha authnritv nf the dis.