The Hawaiian gazette., 1893-12-26

stand for moment IN law, however
insignificant the matter, which was
conducted ex parte, without an oppor-
tunity to be heard; without an inspec-
tion Of the evidence which has been
produced, or opportunity to examine
the witnesses? How was the late ar
bitration conducted in Paris? Did
number of gentlemen get together on
the Behring sea question and in pri-
vate decide upon that matter? Did
they send private agent off to Behr-
ing sea to look about and scratch the
back of the seals, interview the neigh
bors and make a report?
Gentlemen, it can hardly be con-
tended that the Provisional Govern
ment and we, representing the
supporters of that Government, have
submitted our right to exist to Colo
mel James 81. Blount, of Georgia. The
President of the United States had the
undoubted right, so far as we were
concerned, to examine into the status
here, the situation of the country, as
bearing upon the question whether or
not he should continue the negotia-
tions of union pending when he took
his seat as President. That was osten-
sibly the object for which Colonel
Blount was sent to these shores. We
insist that up to this point there has
been no judicial investigation in which
both parties have been given the op-
portunity to be heard.
And again, as showing eonclusively
the utter absurdity of the position that
this has been an arbitration; could an
arbitration of such a nature be posi-
BILE when the Government of the Uni
ted States had treaty pending before
it, between it and the power which it
is charged was submitting its right to
exist to the decision of one man? We
were a power de facto then; we were
recognized by certain great powers OF
the world, which made us power de
jure, and we were a power having
treaty relations with the United States
of America. a treaty had been nego-
tiated which bound the executives OF
the two nations at the moment Presi-
dent Cleveland took his seat. That
treaty awaited ratification to make it
final, but it nevertheless was treaty
binding the executive. Now, gentle
men, l challenge the right of the chief
executive of that great nation, of his
his predecessors. Congress may do it,
Congress has the full power, but Gro
yer Cleveland had no more right, leg
ally or morally, to undo the act of
Benjamin Harrison, than he had to
undo any act of Abraham Lincoln.
But waving all those considera-
tions, there remains this fundamental
one, that no court of arbitration would
have the right to ignore the great
question at issue that is, whether or
not Liliuokalani had violated the
Constitution had thrown it to the
dogs, and had put herself beyond the
pale and protection of the law. To
ignore all that, and decide this great
issue upon the petty technicality as to
whether or not Mr.. Stevens recognized
the power of this community five
minutes too soon or not, was not in
the power of Judge. / repeat, there
has been no submission to arbitration.
Let us, therefore, challenge all false
assumptions, gentlemen, and let that
challenge go on record. Let us hold
the President to the true issue, and
then if the legally-constituted power
of the United States-the power which
has the right under the Constitution
to declare war-overpowers, we will
go down with our colors flying and
with no misrepresentation possible.
Let it be known to the world that if
that event takes place it will be be-
cause the United States has exercised
its power, but not its right. Let US
hope that that the showing we can
make will have an effect upon Con-
gress in shaping its course, and that it
will also have its effect upon the dis
tinguished Secretary of State and the
Chief Executive of the American
nation.