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

1t is an axiom of law that no man may
take advantage OF his own wrong. The
fact that the United States Minister
with, or without, the authority OF his
| Government, may have trespassed upon
/ the international rights of Hawaii, does
! not thereby confer jurisdiction upon the
Government Of the United States to now
again, and deliberately, trespass upon
! such rights.
| II the United States Minister or naval
officers have exceeded their authority or
| violated their instructions they are re
! 5pOnslble TO their Government therefor.
| The Hawaiian Government had no
| control over item. 1t is not responsible
for what they did, and is not and cannot
be held answerable to the Government
| OF the United States for their acts, nor TO
| have forfeited any of its attributes of in
| dependent sovereignty by reason Of their
actions, whether the same were right or
| wrong, authorized or unauthorized.
| In Ike manner, ii the allegation is
| true, that the ex-queen abdicated under
| the belief that the Provisional Govern
ment would submit the question to the
! Government of the United States, such
| fact does not vest in the Government of
the United States any jurisdiction over
the subject matter. If the ex queen was
warranted in such belief and an agree
Provisional Government, which do not
admit, the Government OF the United
States was no party to such agreement,
and neither the making, nor the failure
to carry II out, If made, confer5 any juris-
dlctiOn upon the Government of the
United States to construe or enforce such
agreement, nor in any manner to inter
vere between the contending parties in
Hawaii, nor control or direct which of
TT.h att Oh
erclse the functions OF government in
Hawaii.
Fourth. If, after consideration of the
reasons hereinbefore advanced it is
maintained by you that they do not
establish the claims advanced, and that
the Government of the United States
has jurisdiction, Notwithstanding the in
dependent sovereignty of Hawaii, to de-
eide upon the form, and who shall carry
on the Government of Hawaii, then
submit that, neither international law
nor the usage CT nations authorizes the
Government of the United States to en-
force, against the will OF the parties, the
conclusions to which it may come.
1t is not suggested in the report of Mr..
Blount that any such power was agreed
upon, either between the ex. queen and
the Provisional Government or other
wise.
Even if formal submission to the
United States Government had been
made, and full hearing had thereon, and
decision annou ced, such fact would
not vest in the I'm led States any power
to carry ont such decision or compel
either party to abide thereby.
Unless the method of enforcement of
such decision is agresd upon by the |
parties, tbs carrying out of the decision |
rendered is purely a matter of good |
faith, as between the parties in interest, !
with no power in the arbitrating govern |
ment to compel the recognition by either |
party OF the decision rendered.
l beg in this connection to also re-
affirm my conviction, based upon an
intimate acquaintance with all the per-
sons and conditions involved, that the
of the ex-Queen, regardless of
the method by which the same may be
accomplished, will, unless she is main
tanned by the troops of some foreign
power, be speedily followed by the
forcible overthrow of the monarchy, in
volving the probable loss OF life and
destruction of property. Such action
will be taken, as in the past, by the in
law-abiding, property owning
portion OF the community, for the same
reason that the same persons took SINH
ar action last January, viz. THAT a
ong and bitter experience under the
monarchy has convinced them that, so
ong as the monarchy exists, no material
in the methods of conduct
ng the Government can be expected,
md that a further continuance of the /
nlsrule OF the past years is intolerable
1t is unnecessary for me to state that
UGH condition of affairs will be disas-
rous IN the extreme to every material
interest at the Islands, and to all trade
m he
reater portion of which is owned and
arried on by American citizens and
apital.
Allow me to reiterate that neither this
tatement nor any act done by the Pro-
isional Government, or by myself, is
18th any spirit of hostility to the people 4
r government of the United States. On
ne contrary, so far from being in any
ianner hostile, the Provisional Govern
lent and its supporters have demon
rated by their acts that they are not
My friendly in the ordinary acceptance O
the word, but that they have such
nth in the Government of the United =
tates that they have taken up arms and
sked their lives and property to place
lemselves, almost unreservedly and
nconditiorally, under the jurisdiction
nd control OF that Government. asking
lly in return that they may share in r
lie freedom of its flag and the stability
nd equality of its government.
All that l seek by this statement is to
'nvey to you a plain, frank statement
what the Provisional Government of
avail ccnceives to be its rights under
ternational law, in and concerning the
emises; and to indicate to you, as it is
y duty to do, what, in my opinion, the
are and will be if action on 4
rtain suggested lines is taken. 4
/ have, etc.,
ISignedl l.. A. THURsToS.
on. WALTER @. GRESHAM, <.
Secretary of State,
Washington, D. c.,