The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-15
ISLAND OF CUBA 4
FOREIGN COUNTRY
Continued From First Pnge.

succeeded to the authority Of the dis
placed government, so far at least that
1t became its duty under international
island to protect in all legitimate pur-
suits the liberty, lives and property Of
all those who submitted to the author
tiles or the representatives of this coun-
try. The power of congress to make
laws necessary and proper for The carry
ing into execution, as well as the power
enumerated in section of article l Of
the constitution, of all authority vested
in the government Of the United States
or any department or officers thereof, in
cludes the power to enact such legisla-
tlon as Is necessary to give effect to any
Stipula tions which II Is competent for
the president with and by the advice
and consent of the senate to insert in a
treaty with foreign power. What leg
1slat1on by congress could be more ap-
propriate for the protection OF life and
property in Cuba While occupied and con-
trolled by the United States than legis-
lation securing the return to that island
to be tried by its constituted authority
OF those, who, having committed crimes
there, flee to this country to escape ar
rest, trial and punishment
AMERICAN CONTROL.
1t was argued on behalf of Nicely that
as peace now exists in Cuba and has
existed there since the Spanish forces
evacuated the island, the occupancy and
control Of that island under the military
authorities of the United States is with
out warrant in the constitution and ia
unauthorized interference with the in
ternal affairs of friendly power, and,
consequently, the appellant should not
be extadited fer trial courts established
under the orders of the military governor
of the island. These orders We're said
to be an interference with the rights of
Cuba, and that the war with Spain was
carried on jointly by the forces of the
United States and Cuba.
Replying to this point Justice Harlan
said:
Apart from the view that it is not
competent for the judiciary TO make ex-
preston on the question of length of
time during which Cuba could he rightly
occupied and controlled by the United
States in order to effect it's pacidcation,
1t being the function of the political
branch of the government to determine
when such occupation and control shall
cease, and, consequently, when the
troops Of the United States shall be
withdrawn from Cuba--the contention
when the United States recognizes an
established government, known as the
government OF Cuba, but is now using
its despotic power to overthrow or dis
place, it is without merit. The resoiu-
ticn of congress that the island of Cuba
IS and of right ought to be free and in
dependent was not the recognition of
government established by the people
Of that island in opposition to The gov
ernment of Spain. Nothing more was
intended than to express the opinion that
the people of Cuba ought to be free, as
outlined in the message OF Dec ;, 1851;
that measure set forth the control which
is the inahenable right of men, protected
in their right to reap the benefit of the
exhaustless treasure OF their country
Both the legislative and execU-
tive branches of the government con
Cured in not recognizing the existence
of any such government as the repub-
lie Of Cuba. 1t is true that the co-opera-
ton of troops commanded by Cuban
Off1cerS was accepted by the rniIitarV an
thcrities CT the United States in its ef-
forts to overthrow Spanish authority in
cuba. Yet from the beginning to the end
OF the war the supreme authority in ali
military operations In Cuba and in Cuban
waters against Spain was with the United
States, and those operations were not in
any sense under the control or direction
Of tee troops commanded by Cuban Oil.
Gers go