Neely v. Henkel

Citations

• 180 U.S. 109
• 21 S. Ct. 302
• 45 L. Ed. 448
• 1901 U.S. LEXIS 1288

Syllabus

<p>There is no merit in the contention that Article 401 of the Penal Code of Cuba, which provides that the public employé, who, by reason of his office, has in his charge public funds or property, and takes or consents that others should take any part therefrom, shall be punished, applies only to persons in the public employ of Spain. Spain, having withdrawn from the island, its successor has become “ the public,” to which the code, remaining uni;epealed, now refers.</p> <p>Within the meaning of the act of Júne 6, 1900, c. 793, 31 Stat. 656, providing for the surrender of persons committing defined crimes within a foreign country occupied by or under the control of the United States, and fleeing to the United States, or any Territory thereof, or the District of Columbia, Cuba is foreign territory which cannot be regarded in any constitutional, legal or international sense, as a part of the territory of the United States; and this is not affected by the fact that it is under a Military Governor, appointed fey and representing the President in the work of assisting the inhabitants of the island in establishing a government of their own.</p> <p>As between the United States and Cuba that island is territory held in trust for its inhabitants^ 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.</p> <p>The act of June 6,1900, is not unconstitutional in that it does not secure to the accused when surrendered to a foreign country for trial all the rights, .privileges and immunities that are guaranteed by the Constitution to persons charged with the' commission in this country of crime against the United States.</p> <p>The provisions in the Constitution relating to writs of habeas corpus, bills of attainder, ex post facto laws, trial by jury for crimes, and generally to the fundamental guarantees of life, liberty and property embodied in that ■ instrument have no r