The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-12-28
THURSTON'S PROTEST.
ANNIHILATES
CLEVELAND.
GROVER
Full Presentation OF the Govern
ments Rights Under Interna-
tIonal Law-Now Made
Public For the First
Time.

1t was announced a day or two
ago In the ADVERTISER that the
protest filed by Minister Thurston
with the State Department al
Washington would be given out
for publication shortly. The full
text of the protest is now pre-
sented below. 1t is not intended as
a statement of the Governments
entire case, and purposely avoids
entering into any disputed issues
of fact, but is confined to the legal
side of the caGe which it covers ex-
haustively.
WASHINGTON, ID. c., Dec. 8, 1893.
SHIN confirmation of the CLAIMS
presented to you by my self during sew
eral recent interviews, concerning sug-
gested action by the United States Gov
eminent toward the Provisional Govern
ment OF Hawaii, as outlined in your
communication to the President recently
published, and today affirmed in the Pre-
sitent's message sent yesterday To the
Congress, L have the honor to hereby
submit to you the claims of the Govern
ment which L represent in and concern
ing the premises.
- If correctly apprehend the proposi-
LlOnS auFanceU Tie dONe1DnenL Oh the
United States, they are:
First. That the Hawaiian monarchy
was subverted by reason of the action Of
the United States representatives and
forces.
Second. That but for such action the
monarchy would not have been subvert
ed nor the Provisional Government
created.
Third. That such conclusions are
10 Kha hui
James II. Blount.
Fourth. That in view of such action
by those representing the Government of
the United States, it is proposed that the
latter Government shall restore the sta
tus existing prior to such subversion OF
the monarchy.
In opposition to such proposed action,
I hereby, or behalf of the Government
which 1 represent, submit the following
claims and reasons:
First. The Provisional Government OF
Hawaii is a duly organized and fully
recognized independent Government,
holding diplomatic relations with nearly
all the nations OF the word.
1t has accredited its diplomatic repre- |
sentatives to the United States Govern
ment. which has received them in the |
manner customary in dealing with the |
representatives OF friendly independent J
nations.
The United States Government has, in |
turn, accredited its representatives to the |
Provisional Government OF Hawaii, and |
they have in like manner been formally
received by it.
There is nothing lacking to constitute
the present Government of Hawaii full,
free and independent revereignty, sub
iect to all the obligatiot and entitled TO
all the rights, privileges and courtesies
acc. rded by the United States Govern
menL TO the most favored nations with
whom it is in treaty relations.
Second 1t is submitted that the Gov
eminent of the United States has acquir-
ed no jurisdiction over the independent
sovereign state of Hawaii. There being !
two distinct sovereignties jurisdiction by
the United States can only be obtained In
three wa, 8, viz I'D by conquest; 70 by
treaty; % by voluntary submission TO
the decision of the United States Govern
ment, in the nature of arbitration.
There is no claim made that the sover-
eIgusS os Hawaii - subordinate to that OF
the United STATES by reason OF conquest,
nor b~1 it been surrendered by treaty.
I lis SUI ion however, in the
COM. isNo by yourself TO the Presi-
dent, above \ rred to, that authority by
voluntary ,ission, III the nature of
q poYerr &c trate, has been conferred
So sernE ut OF the NUrited
ClAtc-~~
I that portion wherein you
~
- overnment of Hawaii surreDd
cred its authority under a threat OF war,
until such time on.T as the Government
OF the United States, upon the facts being |
presented to it, should re-instate the con-
sovereign; and thas-the Pro- -
yisional Government was created to !
exist until terms of union with the Unit I
ed States of America have been negJu-
ated and agreed upon
1 submit that no such authority has
been conferred, and in support OF such
present the following reasons:
QD. Ii the parties in Hawaii contend
ing tor the control OF the Government
had intended TO submit their differences
to the arbitration OF the Government OF
the United States, formal statement OF
such differences and the points to be |
settled would have been drawn up and {
signed in the usual form of agreement for i
arbitration. [
No such action has been taken. g
(2). An arbitration Is essential, j
judicial proceeding, the elemental
|eatures of which, under the principles '