Plaintiff brought his action in the circuit court of the United States for the southern district of New York against the then collector of the port of New York to recover the value of certain cigars seized by him, which had been brought to that port from the Isle of Pines, where they had been produced and manufactured. This seizure was made under the Dingley act, so called (act July 24, 1897, 30 Stat. at L. 151, chap. 11, U.S.C.omp. Stat. 1901, p. 1626), and the regulations of the Secretary of the Treasury thereunder. The Dingley act provided for the imposition of duties 'on articles imported from foreign countries,' and in plaintiff's complaint it was asserted that the Isle of Pines was 'in possession of and part of the United States,' and hence domestic territory. The government demurred, the demurrer was sustained, the complaint dismissed, 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 admitted by the demurrer. It was certainly not such before the treaty of peace with Spain [30 Stat. at L. 1754], and, if it became so, it was by virtue of that treaty. The court takes judicial cognizance whether or not a given territory is within the boundaries of the United States, and is bound to take the fact as it really exists, however it may be averred to be. Jones v. United States, 137 U.S. 202, 34 L. ed. 691, 11 Sup. Ct. Rep. 80; Lincoln v. United States, 197 U.S. 417, 49 L. ed. 816, 25 Sup. Ct. Rep. 455; Taylor v. Barclay, 2 Sim. 213.
August 12, 1898, a protocol of agreement for a basis for the establishment of peace was entered into between the United States and Spain, which provided:
'Article 1. Spain will relinquish all claim of sovereignty over and title to Cuba. 'Article 2. Spain will cede to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and also an island in the Ladrones, to be selected by the United States.' 30 Stat. at L. 1742.
This was followed by the treaty of peace, ratified April 11, 1899, containing the following articles:
'Article 1. Spain relinquishes all claim of sovereignty over and title to Cuba.
'And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may, under international law, result from the fact of its occupation, for the protection of life and property.
'Article 2. Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones.' 30 Stat. at L. 1754, 1755.
In Neely v. Henkel, 180 U.S. 109, 45 L. ed. 448, 21 Sup. Ct. Rep. 302 (Jan. 14, 1901), the question was whether Cuba was a foreign country or foreign territory within the act of Congress of June 6, 1900 (31 Stat. at L. 656, chap. 793, U.S.C.omp. Stat. 1901, p. 3591), providing for the extradition from the United States of persons committing crimes within any foreign country or foreign territory or any part thereof, occupied or under the control of the United States. And it was held that Cuba was within this description. Mr. Justice Harlan, delivering the opinion of the court, said:
'The facts above detailed make it clear that, within the meaning of the act of June 6, 1900, Cuba is foreign territory. It cannot be regarded, in any constitutional, legal, or international sense, a part of the territory of the United States.