180 U.S. 109 (1901), 387, Neely v. Henkel (No. 1)

Docket NºNo. 387
Citation180 U.S. 109, 21 S.Ct. 302, 45 L.Ed. 448
Party NameNeely v. Henkel (No. 1)
Case DateJanuary 14, 1901
CourtUnited States Supreme Court

Page 109

180 U.S. 109 (1901)

21 S.Ct. 302, 45 L.Ed. 448

Neely

v.

Henkel (No. 1)

No. 387

United States Supreme Court

January 14, 1901

Argued December 10-11, 1900

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

There is no merit in the contention that Article 401 of the Penal Code of Cuba, which provides that the public employee 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 Spain having withdrawn from the island, its successor has become "the public," to which the code, remaining unrepealed, now refers.

Within the meaning of the Act of June 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 by and representing the President in the work of assisting the inhabitants of the island in establishing a. government of their own.

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.

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,

Page 110

privileges and immunities that are guaranteed by the Constitution to persons charged with the commission in this country of crime against the United States.

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 relation to crimes committed without the jurisdiction of the United States against the laws of a foreign country.

When an American citizen commits a crime in a foreign country, he cannot complain if required to submit to such modes of trial and to such punishment as the laws of that country may prescribe for its own people unless a different mode be provided for by treaty stipulations between that country and the United States.

The contention that the United States recognized the existence of an established government known as the Republic of Cuba, but is now using its military or executive power to overthrow it, is without merit.

The Act of June 6, 1900, is not in violation of the Constitution of the United States, and this case comes within its provisions; and, the court below having found that there was probable cause to believe the appellant guilty of the offenses charged, the order for his extradition was proper, and no ground existed for his discharge on habeas corpus.

The case is stated in the opinion of the Court.

HARLAN, J., lead opinion

MR. JUSTICE HARLAN delivered the opinion of the Court.

By section 5270 of the Revised Statutes of the United States, it is provided:

Whenever there is a treaty or convention for extradition between the government of the United States and any foreign government, any justice of the Supreme Court, circuit judge, district judge, commissioner, authorized so to do by any of the courts of the United States, or judge of a court of record of general jurisdiction of any state, may, upon complaint made under oath, charging any person found within the limits of any state, district, or territory with having committed within the jurisdiction of any such foreign government any of the crimes

Page 111

provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government for the surrender of such person according to the stipulations of the treaty or convention, and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.

This section was amended by Congress June 6, 1900, by adding thereto the following proviso:

Provided, That whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United [21 S.Ct. 303] States, any person who shall violate, or who has violated, the criminal laws in force therein, by the commission of any of the following offenses, namely: murder, and assault with intent to commit murder; counterfeiting or altering money; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same; forgery or altering, and uttering what is forged or altered; embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries; larceny or embezzlement of an amount not less than one hundred dollars in value, burglary, defined to be the breaking and entering by night-time into the house of another person with intent to commit a felony therein, and the act of breaking and entering the house or building of another, whether, in the day or night time, with the intent to commit a felony therein; the act of entering or of breaking and entering the offices of the government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance, or other companies, with the

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intent to commit a felony therein; perjury or the subornation of perjury; rape; arson; piracy by the law of nations; murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States or of some other government; malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life, and who shall depart or flee, or who has departed or fled, from justice therein to the United States, or to any territory thereof, or to the District of Columbia, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered, as hereinafter provided, to such authorities for trial under the laws in force in the place where such offense was committed. All the provisions of sections fifty-two hundred and seventy to fifty-two hundred and seventy-seven of this title, so far as applicable, shall govern proceedings authorized by this proviso: Provided further, That such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged: And provided further, That no return or surrender shall be made of any person charged with the commission of an offense of a political nature. If so held, such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such person a fair and impartial trial.

31 Stat. 656, c. 793.

On the 28th day of June, 1900, a warrant was issued by Judge Lacombe of the Circuit Court of the United States for the Southern District of New York commanding the arrest of Charles F. W. Neely, who,

being then and there a public employee, to-wit, finance agent of the department of posts in the City of Havana, Island of Cuba, on the 6th day of May in the year of our Lord one thousand nine hundred, or about that

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time, having then and there charge of the collection and deposit of moneys of the department of posts of the said City of Havana, did unlawfully and feloniously take and embezzle from the public funds of the said Island of Cuba the sum of $10,000 and more, being then and there moneys and funds which had come into his charge and under his control in his capacity as such public employee and finance agent, as aforesaid, and by reason of his said office and employment, thereby violating chapter 10, article 401, of the Penal Code of the said Island of Cuba -- that is to say, a crime within the meaning of the said act of Congress approved June 6, 1900, as aforesaid, relating to the "embezzlement or criminal malversation of the public funds committed by public officers, employees, or depositaries." The warrant directed the accused to be brought before the judge in order that the evidence of probable cause as to his guilt could be heard and considered, and, if deemed sufficient, that the same might be certified, with a copy of all the proceedings, to the Secretary of State, that an order might issue for his return and surrender pursuant to the authority of the above act of Congress.

The warrant of arrest was based on a verified written complaint of an assistant United States attorney for the...

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  • 496 F.2d 583 (Fed. Cir. 1974), 111-73, Porter v. United States
    • United States
    • Federal Cases Court of Federal Claims
    • May 15, 1974
    ...is that sovereignty rests in the people of Micronesia and is held in trust for them by the administering power. Cf. Neely v. Henkel, 180 U.S. 109, 120, 21 S.Ct. 302, 45 L.Ed. 448 (1901); Cobb v. United States, 191 F.2d 604, 608 (9th Cir.), cert. denied, 342 U.S. 913, 72 S.Ct. 360, 96 L.Ed. ......
  • 761 F.Supp.2d 468 (S.D.Tex. 2010), Misc. A. L-10-027, In re Extradition of Garcia
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • December 30, 2010
    ...procedures of other countries." See In re Extradition of Sidali, 899 F.Supp. 1342, 1351 (D.N.J.1995) (citing Neely v. Henkel, 180 U.S. 109, 21 S.Ct. 302, 45 L.Ed. 448 (1901)). The Court is of the opinion that it is inappropriate for it to step into the shoes of the Mexican judiciary an......
  • 191 F.2d 604 (9th Cir. 1951), 12746, Cobb v. United States
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • June 11, 1951
    ...4 Wheat. 246, 254, 4 L.Ed. 562. [12] See 1 Hackworth, Digest of International Law, 156-157 (1940); Cf. Neely v. Henkel (No. 1), 1901, 180 U.S. 109, 21 S.Ct. 302, 45 L.Ed. 448. [13] In addition to the letters cited in note 7, supra, appellant's counsel introduced a letter dated (apparently) ......
  • 804 F.Supp. 1530 (N.D.Ga. 1992), Civ. 1 92-cv-1762, Martin v. Warden, Atlanta Penitentiary
    • United States
    • Federal Cases United States District Courts 11th Circuit Northern District of Georgia
    • September 16, 1992
    ...do not extend to crimes committed outside the jurisdiction of the United States against the laws of a foreign country. Neely v. Henkel, 180 U.S. 109, 122, 21 S.Ct. 302, 307, 45 L.Ed. 448 [W]e are reminded of the fact that the [petitioner] is a citizen of the United States. But such citizens......
  • Request a trial to view additional results
125 cases
  • 496 F.2d 583 (Fed. Cir. 1974), 111-73, Porter v. United States
    • United States
    • Federal Cases Court of Federal Claims
    • May 15, 1974
    ...is that sovereignty rests in the people of Micronesia and is held in trust for them by the administering power. Cf. Neely v. Henkel, 180 U.S. 109, 120, 21 S.Ct. 302, 45 L.Ed. 448 (1901); Cobb v. United States, 191 F.2d 604, 608 (9th Cir.), cert. denied, 342 U.S. 913, 72 S.Ct. 360, 96 L.Ed. ......
  • 761 F.Supp.2d 468 (S.D.Tex. 2010), Misc. A. L-10-027, In re Extradition of Garcia
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • December 30, 2010
    ...procedures of other countries." See In re Extradition of Sidali, 899 F.Supp. 1342, 1351 (D.N.J.1995) (citing Neely v. Henkel, 180 U.S. 109, 21 S.Ct. 302, 45 L.Ed. 448 (1901)). The Court is of the opinion that it is inappropriate for it to step into the shoes of the Mexican judiciary an......
  • 191 F.2d 604 (9th Cir. 1951), 12746, Cobb v. United States
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • June 11, 1951
    ...4 Wheat. 246, 254, 4 L.Ed. 562. [12] See 1 Hackworth, Digest of International Law, 156-157 (1940); Cf. Neely v. Henkel (No. 1), 1901, 180 U.S. 109, 21 S.Ct. 302, 45 L.Ed. 448. [13] In addition to the letters cited in note 7, supra, appellant's counsel introduced a letter dated (apparently) ......
  • 804 F.Supp. 1530 (N.D.Ga. 1992), Civ. 1 92-cv-1762, Martin v. Warden, Atlanta Penitentiary
    • United States
    • Federal Cases United States District Courts 11th Circuit Northern District of Georgia
    • September 16, 1992
    ...do not extend to crimes committed outside the jurisdiction of the United States against the laws of a foreign country. Neely v. Henkel, 180 U.S. 109, 122, 21 S.Ct. 302, 307, 45 L.Ed. 448 [W]e are reminded of the fact that the [petitioner] is a citizen of the United States. But such citizens......
  • Request a trial to view additional results
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