The Supreme Court's Decision

The decision of the Supreme Court was rendered on Jan. 14, 1901. Justice Harlan read the finding of the court, substantially as follows:

The court said that the first duty of the United States under its pledge to secure for the Cubans the freedom to which they are entitled is to protect them by every just and legal method. When the United States postal code superseded that of Cuba and Neely became an officer under that code it was the duty of the United States to protect the citizens of Cuba against the citizens of its own government. It was further asserted that Neely cannot object to submitting to the same modes of trial as would apply if he were under similar charges in the United States.

The court in the course of its decision made clear the point that Cuba is a foreign country now occupied by and under control of the United States, but is in no way a part of it.

After the Circuit Court for the Southern District of New York, to which an application for a writ of habeas corpus had been made, had rendered a decision adverse to Neely's claims, Justice Harlan said he had then appealed to this court on the ground that the act of June 6, 1900, was unconstitutional. Entering then upon his reasoning on the case, Justice Harlan said that there was no dispute that on the 6th of June, 1900, when the act under which this proceeding is brought became a law, Cuba was "under the control of the United States" and "occupied by this government." "This court," he said, "will take judicial notice that such were at the date named and are now the relations between this country and Cuba. So that the applicability of the above act to the present case--and this is the first question to be examined--depends upon the inquiry whether, within its meaning, Cuba is to be deemed a foreign country or territory."

Justice Harlan then reviewed the legislation preceding the war with Spain, quoting the joint resolution of April 20, 1898, and the declaration of war which followed on the 25th of the same month. The protocol between the United States and Spain and the Paris treaty were reviewed for the purpose of showing not only the relation of the United States to Cuba but Spain's relinquishment of sovereignty over the island. Notice was taken of the establishment of a military government over Cuba and Governor Brooke's proclamation of January 1, 1899, was quoted.

The Justice then referred to the Governor's establishment of various departments in order to promote the civil government of the island. He also called attention to the promulgation of the postal code, superseding all other Cuban laws relating to postal affairs, and related that on the 13th of June, 1900, Governor Wood had made his requisition upon the President for Neely.

Announcing the court's conclusions on the status of Cuba, Justice Harlan said:

The facts above detailed make it clear that Cuba is foreign territory within the meaning of the act of June 6, 1900. It cannot be regarded in any constitutional, legal, or international sense a part of the territory of the United States. While by the act of April 25, 1898, declaring war between this country and Spain, the President was directed and empowered to use our entire land and naval forces as well 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 relinquishment by Spain of its authority and government in that island and the withdrawal of its forces from Cuba and Cuban waters.

The legislative and executive branches of the government, by the joint resolution of April 20, 1898, expressly disclaimed any purpose to exercise sovereignty, jurisdiction, or control over Cuba, "except for the pacification thereof," and asserted the determination of the United States, that object being accomplished, to leave the government and control of Cuba to its own people. All that has been done in relation to Cuba has had that end in view, and, so far as the court is informed by the public history of the relations of this country with that island, nothing has been done inconsistent with the declared object of the war with Spain.

Cuba is none the less foreign territory within the meaning of the act of Congress because it is under a Military Governor appointed by and representing the President in the work of assisting the inhabitants of that island to establish a government of their own, under which, as a free and independent people, they may control their own affairs without interference by other nations.

But, as between the United States and Cuba, that island is territory held in trust for the inhabitants of Cuba, to whom it rightfully belongs, and to whose exclusive control it will be surrendered when a stable government shall have been established by their voluntary action.

The court also outlined the power of Congress to legislate in the premises, saying:

It cannot be doubted that when the United States required and enforced the relinquishment by Spain of her sovereignty in Cuba it succeeded to the authority of the displaced government so far at least that it became its duty under international law and pending the pacification of the island, to protect in all appropriate legal modes the lives, the liberty, and the property of all those who submitted to the authority of the representatives of this country.