| Show TION L LRI RI IN IM CUBit Discussed Before Court CourtS CourtIn S In j Caso lt AlY OBLIGATIONS lI Argues TIit Call hu ho huNI hoo NI o of I I II IC ton D Dec Neely ex x oae s n In the SUo Su Supreme preme Court All tha en The fhe argument In AmI Important ot of law with rt to the rIght ot of the lie United States to a 11 fugitive In the absence ot of un nn lion treAty and ami especially with refer reter I ence to 10 the rIght ot of the Ince the th ot of the treaty ot of to II a militAry form torm or of III the Island of oC Cuba Th ot of the argument mal made It Ih That first of at the whIch bringe u for tor loll II by bythe the Court the constitutional this country and lie which It has raIned RS as ft a result of oC the lie h var The Neely ease cue re to the character or of these thle relations ao 10 tar far its liS the Island or of Cubs Cuha was Wae concerned and thus pre an Independent question from that which Will be on where when the of oC thelle rela lions with Porto Porte and the Philip will be under con John D I Lindsay or of New York bar ll the for tor Neely lie Ill claimed that there Istl In Cuba uhn prior to urn interventIon a Cuban CulJan reo re republic public This republic he argued the tho United recognized In April ms 18 When It a joint resolution by the Ir whIch do de that thE people or of the tho Island ot of Cuba are or of right and ought to be free Creo and ami Independent liE ria claimed that the United States lid not In make ke war t the lie Cuban thus recognized but WON wn Ita ally ant that there therefore fore forI the ot of the American army did not mean menn that Cu Curn n wee conquered hut but that the Spanish were en a out or of the he territory or of a friendly ally lie He contended therefore that when the treaty treat or of laris wea r the war and as no war had teen been against the uha n republic nil all further tinder the war making power to subject Cuba ceased and the should immediately upon the of oC the trea treaty or within a time have hae withdrawn the lie arm army He claimed thAt the and maintenance by the Pre President flent of DC n a military In Cuba uba was and andIs I Is without authority under International law and In flagrant Ion or of the Constitution of oC the United p tel ne lie further urged that military government was Os IS a war lI the re republic public lint and all as alone hail the tho to declare war against the CubAn republic the tho control of Cuba hr by the President ns its rem hief was NAB a prosecution bt bc war without the he authority ot of lie HI denied that such could be 1 under the war no the lie war Power r has no existence except In time f war when the war Is authorized by and lint the tho President could not u us the national forces for Cor the tho purpose of at governing Cuba lie He relied especially upon the case ot of ex cx parte lie He argued finally that In al any event as al the trial In tilE lie Cu Cuban bon Is without R a grand jury jur or a Jury jur could rould not be ba trIed before them without violation lion or of the he sixth seventh and eighth to the Constitution GEN ImPLIES Peck replied on behalf ot of the govern Bek replies on behalf of the govern meat ne lie chAracterized Mr 11 Contention u AI meaning logically that If an American should apply aply the torch of at the incendiary to the home bomel or of the Cuban people and os as Its citizens and then nee flee to this the United States nl at though b by the treat treaty ot of Paris to life lICe find and property In Cuba Culm during the of its III occupation I wu WaS to deliver such Ruch fugitive to thA th or of Cuba Culm n tie that this contention was tas without r or authority to support It and Ind that the he true position was that nation had the same right OR na fr Cr nations to surrender fugitive crimInals where It felt called Upon front from considerations or of enmity or pulley to do so Moreover he that U tt was an Inherent of an obligation which taci lach Inde nl ont state must In the lie co of oC na M lions fulfill to another All As lo 10 the right to govern goern Culm Mr D lk tool took with Mr contention lie He claimed that the to 0 the declaration ot of tr SU with Spain had uniformly refused tr tn the Cuban republic This Thill h hs said was b by the tact fact that struck out or of th joint lion tiun a provision which reo re o the tho of oC a uPon re rePublic Public III the os as finally Mr r IJ ck pointed out that hat Con on fI hall ha t that the Cuban uhan wore vore tree free anti Independent hut but he 11 that theft was A wide Ills dill between the term PeOPle and amI tate state or nation as n r worth word but at this no A 1111 state te I Is ho how IW a political and organic en entity tit and while tore Congress fI dill did reo re III that the Cuban uban People had hist It by eu 81 on the of tsar earned to be Ie as free and d hide It did not follow tollow that nn any Cu Ian nil cui t a Political entity WILlI Is lie argued on the that as the result or of our vir tories on sea lieA and land IMI Spain boil ox a treat with this Find and till thai CubiC lub had been surrendered to this and that this country In for lie Cuban pee poo pooI I It f until It lisul hlll the duties ot at trist and iii Island the I States Stites os fI he only ell de facto and l 1 Jure In hi 1100 8 11 J Ih the u that there could b be no military after atter the or of pales Mr tr Beck 11 argued On It if Ruh quent occupation could not 1 by the he war milking making It Wa Vat amply justified ll b by the obligation lion tr tn overn Cuba until It was WIlS pacified ahl and a stable government constituted time line th lie was nees lUll 1 the law ot of right even though there existed ho anti pence hail te n officiallY Mol declared II red Mr Ir neck heck re with especial force foree upon hi case of Cross ro l Harrison In which the or of th fbi PIt In California after the Mexican War a 11 military govern mant from Crom the tho time ot of the tha trent treaty ot of 0 until California was wal admitted to tolie lie union Mr Ir neck fleck said that while the political status or oC Cuba was waa anum olous It was without precedent and he cited the olt city ot of Cyprus In which Turkey permitted English occupation and rule a as long as retained certain Armenian territory While therefore the ultimate sovereignty was wal walIn In Turkey yet t 1 Itt at present ex exercised full Cull sovereignty In Cyprus and would un until iii the contingency arose whIch would terminate It its rIghts righta In Cy Cyprus pru lie also allo cited the lie British lion ot of u as nn an or of the same government of definitive tion lie III therefore argued t although Cuba was waa foreign 10 ii this government In the he sense HOlle that It Will S not Incorporated abed as 81 permanent In the It was ter or pro Iro tempore tempera of oC the United States to our Jurisdiction and amI to our rights as al the sovereign power and that therefore the United States acting through the had full tull right to all ox and Judicial In Cuba With reference to the constitutional guarantees III as to A jury trial In the bill billor or of rights Mr lr fleck 1 that hey had no application In Cuba Mr heck further said list Mr Ir Lind says contention Involved 1 a remark remarkable able contention lIe could not deny the constitutIonal right ot of the govern meat ment to make the lie treaty or of Paris but buthis buthis his argument In erre effect t denies the ron con right ot of the government to carry out the stipulations ot of the thi treat treaty This Thill doctrine tested b by Its ita consequences Is at once seen n to be un unsound sound It If this court were to adopt It and the were vore to withdraw the arm army front Cuba end remove the existing civil there would fould be no government at all In the Rh at sence or of nn any government anarchY might possibly result TItle mIght lead to the tho of nC life lICe ant and which the United l States under the treat treaty of Paris lies hall promised to pro iro toot If Spain or al any other nation the lives and property of whose citizens hall had been beell huH thUM were to call this country countr to account for tor our failure to carr carry out our trent treaty lations the United if IC Mr contention were adopted by the court would bt be In the position or of as al asserting that It had no power to carry carryout out Its own treaty treat obligations Could said Mr Ir heck a more hu position be or one more mort contrary to that decent to the opinions or of mankind which Mr Ir Jefferson made the keynote to the groat After ACter II ft rEply b by Mr Lindsay the court took the case eue under unter advisement |
