The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-12-12
THE LAW IN THE CASE,
FULL TEXT OF JEFF CHANDLER
OPINION.
President CIeyeland's Proposed Course
subjected to u Prof"und Legal
Analysis.

Analysis.
By request the STAR prints the
full text, exclusive of the authori
ties quoted, Of Jeff Chambers opin-
ion upon the constitutional aspects
of Cleveland's Hawaiian policy.
Mr.. Chandler is a leading Demo
cratic exponent Of constitutional
law:
President Cleveland has no
more right to inquire into the
methods by which the Provisional
Government was established i'll Ha-
wall and to overthrow that Govern
ment than he has to inquire into
the means by which the republic
of France was established, and to
use the military forces of the
United States to overthrow that
republic. When Mr.. Cleveland
rode down Pennsylvania avenue to
take the oath of office on March 4
last, the Provisional Government
of Hawaii had been recognized by
the United States, and its Ministers
were III this capital. Mr.. Cleveland
has no more constitutional right to
nse the military power of the United
States to overthrow that Provis-
ional Government than he has TO
direct the military and naval forces
of the United States to destroy any
other Government whose Ministers
he found accredited TO the United
States, and recognized by this Gov
ernment, when he took the oath of
office.
when President Cleveland en-
tered upon the duties Of his Office
on the 4th of March," continued
Mr.. Chandler, che was confronted
with the following state of facts in
relation to Hawaii First, the
Queen, Liliuokalani, had been de-
posed and a Provisional Govern
ment substituted for the monarchy
displaced. That Government was
in political possession of the terri
tory Of Hawaii all the Government
buildings, revenues and property
thereof 1t had been recognized by
the United States and by almost II
not all the great Governments OF
the world. Ministers representing
the new Provisional Government
were in Washington under full
recognition Of the United States,
acting through the Admin
istration of President Harri'
son. Not only had the new re-
public in Hawaii been fully recog'
nized as an established Government,
but the United States had agreed
with the representative of said Gov
eminent on the form of treaty
contemplating annexation of Ha
wall to the United States, which
treaty had actually been drawn ant
approved by the President, and by
him referred to the Senate for it:
approval or rejection
under this state of facts, about
which there is no dispute, the ques
ton arises, What constitutions
power has Cleveland over the
premises? The subject is neces
sarily divided into two hemispheres
First, the establishment and recog
milton of the Government; second
the relation which Hawaii SHOULD
have to the United States in thu
future.
The first hemisphere of tn,
subject had been settled and con
summated. All that related to th'
establishment and recognition o
the Government Of Hawaii as al
independent republic was by tn,
United States under President Har
rison's administration fully con
cluded. There was nothing in
complete in respect to it; nothin!
further TO be done to consummat
the recognition Of Hawaii as al
independent republican Govern
ment.
THE second hemisphere of tn
case, relating to the proposed an
neXation of Hawaii to the Unitec
States, concerning which the treaty
had been drawn, was incomplet,
and unconsummated. Over tn,
completed and consummated hem
isphere of the matter Mr.. Clevelan'
had and has no jurisdiction what
ever. Over the second and uncon
summated hemisphere of the sub
iect he had full constitutional juris
diction. He had full power (
withdraw the treaty of annexation
pending before the Senate, TIL
treaty being withdrawn, and tn
proposition Of annexation being de
termined against the project, tn
only surviving question is; Is tn
act of President Cleveland in settin,
on foot an inquiry touching tn,
facts under which the Independents,
OF the republic Of Hawaii was ac
complished. and declared and recog
nized by this Government, constitu
tional and within the jurisdiction o
~ 4 =. L..