The Daily bulletin., 1893-12-28
Ths 9nilu 8nllstin.
THURSDAY, DEC. %, 1893.
THURsToN's PROTEST..


another revolution-as the news in
the American papers is-fled pro
test with the State Department
against the assumption of jurisdic-
tion by the United States over Ha-
waiian affairs. After heralding the
document for several days, the Ad-
vertiser reproduces it this morning
as covering "the whole case of the
Government from the legal point of
view, leaving not single point un-
touched, nor an objection unans-
wered." From such an introduction
one would expect to find very
powerful document. And it does
reveal powerful expenditure of
effort, but the effect it leaves after
perusal is weak as water. This may
be judged even without reading it
from the following predatory remark
in the Advertiser: '"It is not in
tended as a statement of the Gov
ernment's entire case, and purposely
avoids entering into any disputed
issues of fact, but is confined to the
legal side of the case which it covers
exhaustively."
Upon which let us remark at the
outset, how convenient would it not
be for any lawyer, in arguing case
before our Supreme Court, if he
could push all the facts into the
background, and contend for deci-
sion in favor of his client on the
strength of bald assertions that such
client was in the right and refused
to abide by any adverse decision.
However, Mr.. Thurston, in spite of
his waiver of all issues of disputed
facts, sails right into a sea of that
element. In submitting that "the
Government Of the United States
has acquired no jurisdiction over the
independent foreign state of Ha-
waii," he says, "there is no claim
made that the sovereignty of Ha-
waii is subordinate to that of the
United States by reason of conquest,
nor has it been surrendered by
treaty"
This is one place where Mr.. Thurs
ton hattens his nose against a hard
fact, though disputed one by his
side. 1t is and has been from the
first distinctly claimedsthat the con-
stitutional government of Hawaii
was subverted through an act OF
war committed by United States
forces under authority of the United
States representative. The Queen
made such claim in her protest
President Cleveland has just now
in his message on the Hawaiian
question, admitted the claim and
endorsed it's validity after investiga-
ton. Even the Provisional Govern
ment formally submitted to the act
of conquest when, on the first day
Of February, it withdrew its Portu-
guesa guards from the Government
building and surrendered its own
protection to the forces Of the
United States, while at the same time
the senior naval commander of the
United States then present hoisted
the flag of his country over the capi.
tol, and the American Minister pro.
claimed protectorate Of his Gov.
ernment over the Hawaiian Islands
When the United States flag wa:
lowered and the United States gar
rison returned to ship, by order o
Commissioner Blount clothed will
paramount authority by the United
States Executive, there was no re
scinding of the protectorate in ques
ton. Indeed, it was boasted pub
licly, on the part of the Proyisiona
Government, shortly afterward tina
Mr.. Blount had said the protector
ate was not abolished. Commits
sioner Blount's mission itself was a.
assertion of jurisdiction here by tn
Government whose credentials h
bore to the Provisional Government
Members of the Provisional Govern
ment waited upon him either volur
tarily or at his request to lay thei
case before him. 1t now transpire
that the main object of his missio
was to ascertain if there really ha
been conquest Of Hawaiian sovel
eighty by the United States, and th
result of his investigation is no.
known to be a conclusion that sue
conquest had been made. Th
fact of the nature of Mr., Blount
mission disposes of Mr.. Thurston
plea that the Provisional Govern
ment is not bound by the Commi
sioner's investigation. The Prov
sional Government does not appe;
to have been in it except inciden
ally, although it is true that til
Provisional Government tacitly b,
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