The Savannah morning news., 1901-01-15
IEELY TO GO TO CUBA
RE SURRENDERED TO CUBAN
authorities.
upREME COURT so HOLDS.
ruBEZZLER MIST BE RE-
TURNED THERE.

M Eorejgn TerrltOrEs SNSs thS SOuFt,
"A tbe Act of June 6, 1890, Holds
co5--The Court Decides the Status
"a ,cnbo rs Well as That of NeeIy.
washington, Jan. 4.-The United States
n ,r,e Court to-day announced its de-
4 in tbe case of C. F. W. Nicely of
4 ,i.ra charged with embezzlement of
q public funds of Cuba, while acting as
4 .n,ial agent of the department of posts
a, that island holding that Neely is sub
4 - IN extradition and must be surren-
.r.d to the Cuban authorities.
n THE court held that Cuba is foreign ter
y ,orv our only purpose in the war with
,oin bejne 10 free the Cubans from Span
IL domination The decision was based
&non the act of June 6. 1890, which act
y os held to he constitutional.
usti,e Harlan handed down the courts
&nipon. which was unanimous. Imme-
s.stey an order was issued requiring that
h. mandate in the case be issued at once.
The opinion embraced a complete re-
h Jew Of the case.
Justice Harlan said that there was no
h ,pute. that on June 6, 1900, when the
/ Ct under which this proceeding is brought
became a law, Cuba was under the con-
! ro Of the United States" and occupied
H. this government
& The court said the question of Cuba's
hiatus was not difficult of solution, and
fited successive steps in and affecting the
base It said:
n 1.-THE facts above detailed make it clear
8hat Cuba is foreign territory within the
|heauug Of the act of June g. 1900. 1t
tannot be regarded in any constitutional.
3egal or International sense, a part cf
4he territory of the United States. While
b. the act of April 25, 1898, declaring
bar between this country and Spain the
President was directed and empowered to
\ ase our entire land and naval forces, as
Nell as the militia of the several states,
to such extent as was necessary, to car
fy the act into effect, that authorization
Rss not for the purpose of making Cuba
b. integral part of the United States, but
for the purpose only of compelling the re-
lnquishment by Spain of its authority
hnd government in that island and the
Eithdrawal of its forces from Cuba and
Cuban waters. The legislative and execu-
live branches of the government by the
( 3ont resolution of April 20, 1898, expressly
tisclaimed any purpose to exercise SOW
freignty jurisdiction or control over
Cuba, except for the pacitication there
b." and asserted the determination of
the United States, that object being ac-
tomplished TO leave the government and
Of tn tie
that has been done in relation to Cuba
fas had that end in view and so far as
the court is informed by the public his
tOry of the relations of this country with
that island, nothing has been done in
consistent with the declared object of the
MAR with Spain.
Cuba is none the less foreign territory
within the meaning of the act of Con-
eress, because it is under a military gov
trnor appointed by and representing the
President in the work of assisting the in
labltants 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-
lancy of the island by troops of the
United States was the necessary result of
ihe war. That result could not have been
avoided by the United States consistent
y with its principles of international law
pr with its obligations to the people or
Cubs. 1t is true that as between Spain
Fnd the United States, indeed, as be-
tween the United States and all foreign
pauons-Cuba, upon the cessation OF hos
rlities with Spain, and after the treaty of
Paris, was to be treated as if it were
conquered territory. But as between the
nited States and Cuba that island is
territory held in trust for the inha bitants
N cuba to whom it rightfully belongs and
70 whose exclusive control it will be sur
rendered when a stable government shall
Aave been established by their voluntary
action
When the United States required and
enforced the REIMBURSEMENT by Spain of
leT sovereignty in Cuba and determined
70 occupy aud control the island until
mere was complete tranquility in all les
.orueIs, and until the people had created
ir themselves a stable government, it
succeeded to the authority of the dis
lD''ed government, so far at least that it
yame its duty under international law,
~ pending the pacihcation of the islands,
N protect in all appropriate legal modes
.%s nVes the liberty and the property of
" nose who submitted to the authority
tne representatives of this country.
10. duty was recognized in the treaty of
a'is and the act of June 6, 1900 so far
]. applied 10 cases arising in Cuba,
Il 'H aid Of that treaty and in discharge
It's obligations. The power of Con-
'Ss TO make all laws necessary and prop
!. lor carrying into execution as well as
.. powers enumerated in Section of Ar
l OF the constitution, as oil others
,,e' N the government of the United
80 or in any department or the Off
kn,L Tleieof, includes the power to enact
a.. NsFlation as is appropriate to give
roo'y TO any stipulations which IT is
,bo y, v,eut for the President by, and with
he nee and consent of the Senate TO
No 49, W treaty with a foreign power
sc, NHle is mentioned in the extradltlon
Bo. June 6, 1900, that does
,afo,,. nave some relation to the
oro,,, or life and property And the
-en1,s'ohs OF that act requiring the sur
lenos,. OF any public officer, employe or
NIX t'fY fleeing to the United States.
on,. having committed. in foreign
NJ 10y or territory occupied by or under
Y ,oNtrol Of the United States, the crime
In, te ueiuezzlement or criminal malversa-
Mo- me public funds have special ap-
n t'on TO Cuba in its present relation
p, mis- country"
a ~ court declined. Justice Harlan stat
he uiter upon the question as to what
ro,,,S OHgauons of the United States
aotj-u nave e been in the matter of pro-
cont, "!e and property in Cuba, IL not
1s 80 70 Go so by the obligations of
he I,s,y or Paris. The contention that
nee -, yea States recognized the exist
T- OF an estnhIfehad ,rc,,n.,, r..... t.,..-.....
ID J rori. republic Of Cuba, but is now using
lac '''tary or executive power to dis
.be a., overthrow It Is without merit.
..e ~ clirat cylaration by Congress that the peo-
Zee eoa were and OF right ought to be
q N"u lndependent was inIended only