The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-12-28

and forms Of procedure in use both in tht
United States and Hawaii, are first
notice OF the charges made or points a
issue; second, opportunity to hear anC
cross-examine evidence produced by the
opposing party; third, opportunity t.
produce evidence in support of claim:
made and to meet that Of the opposing
party fourth, full and fair hearing &C
corded to both parties in open court.
In no particular have these principles
fundamental to the just and equitable
decision OF the simplest judicial issue
been observed in this, admittedly, COM
plicated question.
The Government of Hawaii, acting
under its international right has made a
formal proposition to, by treaty, change
the political relations existing between
| the two countries.
| The authority of the Hawaiian Govern
merit to make such proposition was not
| questioned, and treaty for the accom-
| piIshment OF such purpose was duly
! signed by the representatives of the Exc
| cutives of the two countries.
Pending the final ratification of such
| treaty, by the desire OF the Government
| OF the United Stats, Negotiations were
suspended, over nine months ago, and
| an investigation was instituted by the
VI iHc - Dlttu tOldICS
a special commissioner.
During all OF such time the Hawaiian
Government has peace ably administered
it's own affairs and faithfully carried out all
OF its treaty obligations with all foreign
powers.
Up to the present time the Hawaiian
Government has received no information
that such investigation was for any pur-
pose other than TO determine the 20 ley
of the Government o: the United States
concerning such proposition of the Gov
eminent of Hawaii.
1t has not been party to such inves-
tigation, which has been ex parte and
conducted in secret.
1t has been accorded no opportunity to
meet the evidence produced nor to pre-
sent evidence or argument in its own be-
half:
The names of the witnesses and the
chara ter OF the evidence upon which it
is proposed to be subverted, were uu-
known to it, until published simulta-
ueously with the announcement of the
conclusion of the investigating commits
souer.
1t has received no notice that it was
on trial for its life, and has not even been
informed that it was charged with hav-
ing taken action for which 1t was respon-
sible TO the United States or whereby it
Dau Drought lJseu WlIQln the JURISDICTION |
OF such Government.
The proclamation issued by the Pro- |
visional Government of Hawaii defining |
its objects and causes does, indeed state, |
as quoted in your communication above |
to, that it is created "to exist |
until terms of union with the United
States of America have been negotiated
and agreed upon" But L submit that
neither legally, logically nor grammatical
ly, does such phrase indicate that be-
cause annexation has not yet been con-
the Provisional Government is
therefore and thereby terminated.
On the contrary 1 submit that its
is clearly and distinctly the
exact opposite of that suggested.
The Provisional Government was FORM
I'd with fixed definite purpose in view, |
viz: annexation to the United States
Il the date of the contamination of such
object had been known, it could have
been inserted in the place of the phrase
actually used. As such date was not,
md could not be known an appropriate
phrase was used signifying that the Gov
should continue to exist until
he object WAS accomplished. a Govern
nent was established, not ABSOLUTELY,
)ut conditioDally. If the wording of the !
had been "to exist until
he Government of the United States re-
uses to agree to annexation" a refusal
would then have constituted a condition,
he happening of which, in and OF itself,
would have terminated the Provisional
government.
There was, however, but one condition
amed in the proclamation, the happen .
ny of which should terminate the exist
nee of the Government thereby created,
IL: Union with the United States of
Imerica." There IS 40 other terminal
ny condition. Unless, and until, that
happens, the Government con-
lnues in existence. If the happening of
he condition Is postponed for one, two
r ten years, or for an indefinite period,
ne Government continues to exist for q
ks period. The fact that annexation
as not yet taken place does not mega
We the possibility of its happening in
lie future. So long as the terminating
cudition has not happened, but may
appen, so long does the Government
0ntinue to exist, unless changed or ter
linated by its own act or the act of the
ecple of Hawaii.
/ further submit that ii the reasoning
st above set forth is incorrect, and the
!ilure to have yet secured annexation !
OeS logically terminate the existence of
&c Provisional Government, such fact
pes not confer jurisdiction upon the
nted States TO construe such instru-
Ie 1t; but that the construction and in I
ri rotation OF the wording OF such pro-
al ,ation is purely matter of domestic
IN srn 10 be settled by the parties in
tie est in Hawaii in such manner as the
ov, rnment and laws of that country
ay provide.
Third. While neither admitting nor {
1estioning the correctness of the allega-
ons OF fact reported by Mr.. Blount,
Irposely omit discussion or criticism
ereof, for the reasons, first, that the
awaiian Government has not been 4
lrty to such investigation and therefore
nnot be bound by the same and second,
it be true that the representatives of
e United States exceeded their powers,
alleged, such fact does not vest any Il
risdiction in the Government of the