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rect is a fine and pun. United States for the Southern District ishment for the offense. United States v. of New York to review a judgment sustainMore, 3 Cranch, 159, 174, 2 L. ed. 397, 402. ing a demurrer to, and dismissing, the comIt adjudges no forfeiture of commissions. plaint in an action to recover the value of It may be that it furnishes evidence in re- goods imported from the Isle of Pines which spect to the forfeiture of commissions, but, had been seized for the nonpayment of duif so, it is simply evidence. Nor does the ties. Affirmed. criminal offense depend at all upon the The facts are stated in the opinion. amount of the appropriation. If the official Mr. James C. Lenney for plaintiff in fraudulently converts appropriates error. $1,000 the crime is the same as though he Attorney General Bonaparte, Solicitor fraudulently converts or appropriates | General Hoyt, and Otis J. Carlton for de$50,000. All that can be accomplished fendant in error. by the criminal prosecution is the statutory punishment for the offense, which Mr. Chief Justice Fuller delivered the cannot exceed a fine of $1,000, or im- opinion of the court: prisonment for ten years, or both. The con- Plaintiff brought his action in the circuit viction is conclusive as to the fact of a court of the United States for the southern fraudulent conversion and appropriation, district of New York against the then colbut not as to the amount thereof, any more lector of the port of New York to recover than a conviction of larceny is a conclusive the value of certain cigars seized by him, adjudication that the larceny was committed which had been brought to that port from at a day named or of the precise amount the Isle of Pines, where they had been proor value of the property charged to have duced and manufactured. This seizure was been stolen. Those are incidental and minor made under the Dingley act, so called (act facts, which may or may not be proved ex- July 24, 1897, 30 Stat. at L. 151, chap. 11, actly as stated. All that is necessary to U. S. Comp. Stat. 1901, p. 1626), and the sustain the judgment before us is that there regulations of the Secretary of the Treasury was a fraudulent conversion or appropria- thereunder. The Dingley act provided for tion of some amount of money in the pos- the imposition of duties "on articles importsession of the official. For these reasons the ed from foreign countries," and in plaintiff's writ of error cannot be sustained.
complaint it was asserted that the Isle of The application for a certiorari is denied Pines was "in possession of and part of the and the writ of error is dismissed.
United States," and hence domestic terri
tory. The government demurred, the demurMr. Justice White concurred in the judg- rer was sustained, the complaint dismissed, ment.
and the case brought here on a writ of error.
Whether the Isle of Pines was a part of
the United States is a conclusion of law not EDWARD J. PEARCY, Piff. in Err.,
admitted by the demurrer. It was certain
ly not such before the treaty of peace with NEVADA N. STRANAHAN.
Spain [30 Stat. at L. 1754], and, if it beDuties—what is foreign country-Isle of came so, it was by virtue of that treaty. Pines.
The court takes judicial cognizance whether The Isle of Pines must be regarded or not a given territory is within the boundas at least de facto under the jurisdictionaries of the United States, and is bound to of the Republic of Cuba, and hence, as a take the fact as it really exists, however it “foreign country” within the meaning of the
Jones v. United Dingley tariff act of July 24, 1897 (30 Stat. / may be averred to be. at i. 151, chap. 11, U. Š. Comp. Stat. 1901, States, 137 U. S. 202, 34 L. ed. 691, 11 Sup. p. 1626)), since the United States has never | Ct. Rep. 80; Lincoln v. United States, 197 taken possession of such island as included U. S. 417, 49 L. ed. 816, 25 Sup. Ct. Rep. in the territory ceded by Spain to the United | 455; Taylor v. Barclay, 2 Sim. 213. States in the treaty of peace, but, instead, August 12, 1898, a protocol of agreement through its legislative and executive depart for a basis for the establishment of peace ments, has recognized the Cuban govern- was entered into between the United States ment as rightfully exercising, sovereignty and Spain, which provided : over the Isle of Pines as a de facto govern
“Article 1. Spain will relinquish all claim ment until the de jure status shall be deter- of sovereignty over and title to Cuba. mined.
“Article 2. Spain will cede to the United [No. 1.]
States the island of Porto Rico and other Submitted March 4, 1907. Decided April 8, islands now under Spanish sovereignty in 1907.
the West Indies, and also an island in the 27 S. C.-35.
Ladrones, to be selected by the United , to leave the government and control of Cuba States." 30 Stat. at L. 1742.
to its own people. All that has been done This was followed by the treaty of peace, in relation to Cuba has had that end in ratified April 11, 1899, containing the fol- view, and, so far as the court is informed lowing articles:
by the public history of the relations of this “Article 1. Spain relinquishes all claim of country with that island, nothing has been sovereignty over and title to Cuba.
done inconsistent with the declared object “And as the island is, upon its evacuation of the war with Spain. by Spain, to be occupied by the United “Cuba is none the less foreign territory, Stat the United States will, so long as within the meaning of the act of Congress, such occupation shall last, assume and dis- because it is under a military governor apcharge the obligations that may, under in- pointed by and representing the President ternational law, result from the fact of its in the work of assisting the inhabitants of occupation, for the protection of life and that island to establish a government of property.
their own, under which, as a free and in“Article 2. Spain cedes to the United dependent people, they may control their States the island of Porto Rico and other own affairs without interference by other islands now under Spanish sovereignty in nations. The occupancy of the island by the West Indies, and the island of Guam in troops of the United States was the necesthe Marianas or Ladrones.” 30 Stat. at L. sary result of the war. That result could 1754, 1755.
not have been avoided by the United States In Neely v. Henkel, 180 U. S. 109, 45 L. consistently with the principles of intered. 448, 21 Sup. Ct. Rep. 302 (Jan. 14, national law or with its obligations to the 1901), the question was whether Cuba was a people of Cuba. foreign country or foreign territory within “It is true that, as between Spain and the act of Congress of June 6, 1900 (31 Stat. the United States,-indeed, as between the at L. 656, chap. 793, U. S. Comp. Stat. 1901, United States and all foreign nations, p. 3591), providing for the extradition from Cuba, upon the cessation of hostilities with the United States of persons committing Spain, and after the treaty of Paris, was crimes within any foreign country or foreign to be treated as if it were conquered territerritory or any part thereof, occupied or tory. But, as between the United States under the control of the United States. and Cuba, that island is territory held in And it was held that Cuba was within this trust for the inhabitants of Cuba, to whom description. Mr. Justice Harlan, deliver it rightfully belongs and to whose exclusive ing the opinion of the court, said:
control it will be surrendered when a stable “The facts above detailed make it clear government shall have been established by that, within the meaning of the act of June their voluntary action.” 6, 1900, Cuba is foreign territory. It cannot
ot If, then, the Isle of Pines was not embe regarded, in any constitutional, legal, or braced in article 2 of the treaty, but was international sense, a part of the territory included within the term “Cuba” in article of the United States.
1, and therefore sovereignty and title were “While by the act of April 25, 1898 [30 merely relinquished, it was “foreign counStat. at L. 364, chap. 189], declaring war try” within the Dingley act. between this country and Spain, the Presi- This inquiry involves the interpretation dent was directed and empowered to use our which the political departments have put entire land and naval forces, as well as the upon the treaty. For, in the language of militia of the several states to such extent as Mr. Justice Gray, in Jones v. United States, was necessary, to carry such act into effect, “who is the sovereign, de jure or de facto, that authorization was not for the purpose of a territory, is not a judicial but a poof making Cuba an integral part of the litical question, the determination of which United States, but only for the purpose of by the legislative and executive departments compelling the relinquishment by Spain of of any government conclusively binds the its authority and government in that island, judges as well as all other officers, citizens, and the withdrawal of its forces from Cuba and subjects of that government." and Cuban waters. The legislative and exec
By the joint resolution of April 20, 1898 utive branches of the government, by the (30 Stat. at L. 738, U. S. Comp. Stat. joint resolution of April 20, 1898 [30 Stat. 1901, p. 2790), entitled "Joint Resolution at L. 738, U. S. Comp. Stat. 1901, p. 2790], for the Recognition of the Independence of expressly disclaimed any purpose to exercise the People of Cuba, Demanding That the sovereignty, jurisdiction, or control over Government of Spain Relinquish Its Author: Cuba 'except for the pacification thereof,' ity and Government in the Island of Cuba, and asserted the determination of the Unit- and to Withdraw Its Land and Naval ed States, that object being accomplished, | Forces from Cuba and Cuban Waters, and Directing the President of the United States Department in 1900, stated: “The govern. to Use the Land and Naval Forces of the ment of Cuba has jurisdiction not only over United States to Carry These Resolutions the island of that name, but also over the into Effect,” the United States disclaimed Isle of Pines, lying direccy to the south of any disposition or intention to exercise sov- it, and more than a thousand islets and reefs ereignty or control over Cuba, except in the scattered along its northern and southern pacification thereof, and asserted its deter-coasts.. The Isle of Pines, with an mination, when that was accomplished, to area of 840 square miles, is a municipal disleave the control of the island to its people. trict of the province of Habana. What was the signification of the word | The total population of Cuba, including the “Cuba" at that time?
Isle of Pines and the neighboring keys, was, The record of the official acts of the Span- on October 16, 1899, 1,572,797.” ish government from 1774 to 1898 demon- The population tables give the population strates that the Isle of Pines was included of the Isle of Pines as a municipal district in the political division known as “Cuba.” of Havana province, and so of the statistics The first official census of Cuba, in 1774; the as to rural population; sex, nativity, and “Statistical Plan of the Ever Faithful Isle color; age and sex; birthplace; conjugal of Cuba for the Year 1827;" the establish-condition; school attendance; foreign ment by the governor general, in 1828, of a whites; number and size of families; dwellcolony on the island; the census of 1841; the ings of families,--these and like items are budgets of receipts and expenses ; the cen- given as to the Isle of Pines as under the sus for 1861, 1877, 1887, and so on, all show province of Habana. that the Isle of Pines was, governmentally In August, 1899, the military governor of speaking, included in the specific designa- Cuba appointed a mayor and first assistant tion "Cuba" at the time the treaty was made mayor of the Isle of Pines. . and ratified, and the documents establish On June 16, 1900, an election was held that it formed a municipal district of the throughout the island, at which the people province of Habana.
of Cuba in all their municipalities elected In short, all the world knew that it was their municipal officers, participated in by an integral part of Cuba, and in view of the the inhabitants of the Isle of Pines, as is language of the joint resolution of April 20, stated in the report of the Committee on 1898, it seems clear that the Isle of Pines Foreign Relations, Senate Document No. was not supposed to be one of the "other 205, Fifty-ninth Congress, though this was islands” ceded by article 2. Those were is- denied in a minority report. lands not constituting an integral part of A constitutional convention was called Cuba, such as Vieques, Culebra, and Mona and the inhabitants of the Isle of Pines islands, adjacent to Porto Rico.
participated in the election of delegates Has the treaty been otherwise interpreted thereto, September 15, 1900. by the political departments of this govern- The convention concluded its work by Ocment? The documents to which we have tober 1, 1901, and December 31, 1901, an elechad access, with the assistance of the pres- tion was held to choose governors of prov- . entation of the facts condensed therefrom inces, pr
inces, provincial councilors, members of the in the brief for the United States, enable us house of representatives, and presidential to sufficiently indicate the situation in that and senatorial electors, under an order of regard, and we think it proper to do this, General Wood of October 14, 1901, No. 218, notwithstanding the determination of the approved by the War Department, which dicase turns at last on a short point requiring vided the province of Habana into four cir. no elaboration.
cuits, the third being composed of several The Spanish evacuated Havana January ayuntamientos, of which the Isle of Pines 1, 1899, and the government of Cuba was transferred to a military governor as the February 24, 1902, the electors met, chose representative of the President of the Unit- senators, and elected Señor Palma, Presied States. The President ordered, August dent, and Señor Romero, Vice President. 17, 1899, a census to be taken as a first step The government was transferred to Cuba, toward assisting "the people of Cuba” to es- May 20, 1902, and in making the transfer, tablish "an effective system of self-govern- and declaring the occupation of Cuba by the ment.” In accomplishing this the island United States and the military government was divided into 1,607 en umeration districts. of the island to be ended, the military governThree enumerators took the census of the or wrote to “The President and Congress Isle of Pines, which was described as a mu- of Cuba,” among other things: "It is undernicipal district of the judicial district of Be- stood by the United States that the present jucal, in the province of Havana. The re- government of the Isle of Pines will conport on the census, as published by the War Itinue as a de facto government, pending the settlement of the title to said island by government was in accordance with teletreaty, pursuant to the Cuban Constitution graphic orders from the honorable the Secand the act of Congress of the United States retary of War. The government of the approved March 2, 1902 .” [31 Stat. at island to-day is in the hands of its municiL. 897, chap. 803.] On the same day Presi- pal officers, duly elected by the people under dent Palma replied:
the general control of the civil governor of "It is understood that the Isle of Pines is the province of Habana and the Republic of to continue de facto under the jurisdiction Cuba. As I understand it, the government of the government of the Republic of Cuba, of the Isle of Pines is vested in the Republic subject to such treaty as may be entered of Cuba, pending such final action as may into between the government of the United be taken by the United States and Cuba States and that of the Cuban Republic, as looking to the ultimate disposition of the provided for in the Cuban Constitution and island. No special action was taken to proin the act passed by the Congress of the tect the interests of the citizens of the UnitUnited States, and approved on the 2d of ed States who have purchased property and March, 1901.” 31 Stat. at L. 897, chap. 803. have settled in the Isle of Pines, for the rea
At that date the Isle of Pines was ac- son that no such action was necessary. All tually being governed by the Cubans through Americans in the island are living under ex. municipal officers elected by its inhabitants, actly the same conditions as other foreignand a governor of the province of Habana, ers, and if they comply with the laws in councilors, etc., in whose choice they had force it is safe to say that they will not participated. And see Neely v. Henkel, 180 have any difficulty or need special protecU. S. 109, 117, 118, 45 L. ed. 448, 454, 455, tion. At the time these people purchased 21 Sup. Ct. Rep. 302.
property they understood distinctly that the February 16, 1903, the Senate of the question of ownership of the Isle of Pines United States, by resolution, requested the was one pending settlement, and in locating President “to inform the Senate as to the there they took the risks incident to the sitpresent status of the Isle of Pines, and whatuation.'” government is exercising authority and con- We are justified in assuming that the trol in said island."
Isle of Pines was always treated by the In reply the President submitted a report President's representatives in Cuba as an infrom the Secretary of War, which stated: tegral part of Cuba. This was indeed to be
“The nature of the de facto government expected in view of the fact that it was under which the Isle of Pines was thus left such at the time of the execution of the pending the determination of the title there-treaty and its ratification, and that the of by treaty is shown in the following in treaty did not provide otherwise in terms, dorsement upon a copy of the said resolution to say nothing of general principles of inby the late military governor of Cuba: ternational law applicable to such coasts
[Here follows the indorsement, dated Feb- and shores as those of Florida, the Bahamas, ruary 20, 1903, of which the following is a and Cuba. Hall, 4th ed. 129, 130; Louispart:]
iana v. Mississippi, 202 U. S. 153, 50 L. ed. “'At the date of transfer of the Island of 913, 932, 26 Sup. Ct. Rep. 408, 571; The Cuba to its duly elected officials the Isle of Anna, 5 C. Rob. 273. Pines constituted a municipality included In August, 1902, the Treasury Department within the municipalities of the province of decided that duties should be assessed on Habana and located in the judicial district goods coming from the Isle of Pines at the of Bejucal. The government of the island is same rates as on similar merchandise imvested in its municipal officers, subject to ported from other places. the general control of the civil governor of On July 2, 1903, a treaty with Cuba the province of Habana, who is vested, under was signed, relinquishing any claim by the the Constitution of Cuba, with certain au- United States to the Isle of Pines under the thority in the control of municipal affairs. treaty of peace, but this failed of ratificaUnder the military government of Cuba the tion, and on March 2, 1904, another treaty Isle of Pines was governed by municipal of- was signed, which relinquished all claim of ficials, subject to the general authority of title under that treaty. the civil governor, who received his author- November 27, 1905, the Secretary of State ity from the governor general. The Isle of wrote an American resident of the Isle of Pines, as it had existed under the military Pines : government, was transferred as a de facto "The treaty now pending before the Sengovernment to the Cuban Republic, pending ate, if approved by that body, will relinquish the final settlement of the status of the all claim of the United States to the Isle of island by treaty between the United States Pines. In my judgment the United States and Cuba. The action taken by the military has no substantial claim to the Isle of Pines, The treaty merely accords to Cuba what is question of ownership and its settlement hers in accordance with international law through a treaty with Cuba. The Republic and justice.
of Cuba has been governing the isle since “At the time of the treaty of peace which May 20, 1902, the present situation need ended the war between the United States not be discussed, -and has made various imand Spain, the Isle of Pines was, and had provements in administration at the suggesbeen for several centuries, a part of Cuba. tion of our government, but Congress has I have no doubt whatever that it continues taken no action to the contrary of Cuba's to be a part of Cuba, and that it has not title as superior to ours. and never has been territory of the United It may be conceded that the action of both States. This is the view with which Presi- | the political departments has not been suffi. dent Roosevelt authorized the pending trea- ciently definite to furnish a conclusive inty, and Mr. Hay signed it, and I expect to terpretation of the treaty of peace as an urge its confirmation.”
original question, and as yet no agreement There are some letters of an Assistant has been reached under the Platt amendSecretary of War, or written by his direc- ment. The Isle of Pines continues, at least tion, and other matters, referred to, which de facto, under the jurisdiction of the gove, we do not regard as seriously affecting the ernment of the Republic of Cuba, and that conclusion that the Executive has consisto settles the question before us, because, as ently acted on the determination that the the United States have never taken possesUnited States had no substantial claim to sion of the Isle of Pines as having been cedthe Isle of Pines under the treaty.
ed by the treaty of peace, and as it has been The only significant legislative action is and is being governed by the Republic of found in the proviso of the act of March 2, Cuba, it has remained “foreign country" 1901, the Army appropriation act (31 Stat. within the meaning of the Dingley act, acat L. 895, chap. 803, U. S. Comp. Stat. 1901, cording to the ruling in De Lima v. Bidwell, p. 2799), commonly called the Platt amend. 182 U. S. 1, 45 L. ed. 1041, 21 Sup. Ct. Rep. ment (897), which reads:
743, and cases cited; United States v. Rice, "Provided, further, that in fulfilment of 4 Wheat. 246, 4 L. ed. 562. There has been the declaration contained in the joint reso- no change of nationality for revenue purlution approved April twentieth, eighteen poses, but, on the contrary, the Cuban govhundred and ninety-eight, entitled 'For the ernment has been recognized as rightfully Recognition of the Independence of the Peo- exercising sovereignty over the Isle of Pines ple of Cuba, Demanding that the Govern- as a de facto government until otherwise ment of Spain Relinquish Its Authority and provided. It must be treated as foreign, for Government in the Island of Cuba, and to this government has never taken, nor aimed Withdraw Its Land and Naval Forces from to take, that possession in fact and in law Cuba and Cuban Waters, and Directing the which is essential to render it domestic. President of the United States to Use the Judgment affirmed. Land and Naval Forces of the United States to Carry These Resolutions into Effect,' the Mr. Justice McKenna concurred in the President is hereby authorized to 'leave the judgment. government and control of the island of Cuba to its people' so soon as a government Mr. Justice White and Mr. Justice Holmes shall have been established in said island concurred specially. under a constitution which, either as a part thereof or in an ordinance appended there- Mr. Justice Moody took no part. to, shall define the future relations of the United States with Cuba, substantially as Mr. Justice White, concurring: follows:”
My reasons for agreeing to the concluThen follow eight clauses, of which the sion announced by the court are separately sixth is :
stated to prevent all implication of an ex“6. That the Isle of Pines shall be omitted pression of opinion on my part as to a subfrom the proposed constitutional boundaries ject which, in my judgment, the case does of Cuba, the title thereto being left to fu- not require, and which, as it is given me to ture adjustment by treaty.”
see it, may not be made without a plain vioIt appears that certain American citizens, lation of my duty. asserting interests in the Isle of Pines, had The question which the case raises, by contended that it belonged to the United way of a suit to recover duties paid on goods States under the treaty, and the sixth clause brought from the Isle of Pines, is whether of the Platt amendment, while not assert that island, by the treaty with Spain, being an absolute claim of title on our part, came a part of the United States, or was gave opportunity for an examination of the simply left or made a part of the island of