The Constitutional Status of Cuba (Part 3)

It was peculiarly unfortunate, considering our position as instructors of the Cubans in the art of good government, that a series of frauds was discovered in the post-office department at Havana, early in 1900. The postmaster, the chief financial agent, named C. W. Neely, and four other officials, were arrested for systematic thefts of stamps to the value of about $500,000. Neely managed to place himself in what he hoped would be the safe shelter of the State of New York. He was there charged before a court with the larceny and his extradition was demanded, that he might be tried where the offence was committed. Through his attorneys Neely set up a plea in opposition to this demand for extradition, which occupied the lower court for some time, and on its being decided against him, he took an appeal to the Supreme Court. The moral importance of the case was equalled by its legal and constitutional importance. The chief point at issue was, whether the special act of June 6, 1900, passed by Congress to cover this instance and extending the extradition law of this country to a foreign country, "occupied or under the control of the United States," was constitutional, and whether Cuba is a "foreign country."