The sun., 1893-12-21
THE PRESIDENT ATTACKED.
SENATOR HoAB DECLARES BLoUNps
zPPoIA TMEEr ILLE0AL

| hr. stevens Compares Clevelnpd and
Gresham to George III. and Lord North
Nothipe So Shameful In Anericnn HIS
tory ss the Policy OF Iufnmy-He Derie-
Having Had Anything 60 no with
Pulling Down L,iiuoh sinsrs Throne.
wAsHtNGToY, Dec. 2o-senator Hoar called
| up in the Senate to-day the resolution which
| he offered on Monday last. and which was By
| his request laid over till to-day that the
| message OF the President on Hawaiian affairs
| and the accompanying documents be referred
to the Committee on Foreign Relations. and
| addressed tho Senate on the question OF the
| legality and constitutionality of Mr.. Blounts
appolntr ent as Commissioner paramount He
summarized briefly the events that had taken
place In Hawaii prior to March 4. 1893. and
| said;
THAT being the condition OF things, the es-
| tablished Governm ent Of Hawaii being recog-
| nized by every power on earth that had oc-
| caslon to deal with Il, and the deposed Govern
| ment asking for particular arbitrator on
| whose justice the dethroned Queen relied ito
wit, the United States, there took place cer-
tain transaction which suggests the questions:
What is tho United States OF American VINO
represents. In great national or International
affairs its purpose. its honor, its policy. as to
foreign relationsT Aud that transaction was
this. The present President of the United
States was inaugurateh on saturday March 4.
The next day was Sunday On Monday, March
n tLo na,noa of n nroposed Cabinet were sent
to the Senate and were approved. And on
March z. amid all the exciting and important
questions which an incoming administration
may deal with, the Hon. Mr.. Bount departed
on his misson-on secret mission. on a
mission OF which neither tho people OF the
Trited sta,es nor tbs Conpre.s nor the Senate
haa onv oolc,nI Information until Monday OF
tho nrosent wool. do not think that any in
toIIIgen, man can doubt thnt the purpose to do
,bIa t,,Ipe, was formed bo,ore either the presi-
dort or tho Sacretarv OF State came into Office
and he,orc either of them had official access to
,ha or,biy,s Mr. RIount was sent 70 Hawaii
Tba question of tho legality o, that proceeding
ia a onostion which II ia Tho du,v Of tho Senate
- onndorstond and 70 dooI with.
"Tho prosidont n, the UnIted states ha,
. i"o itesiuon. VI ,"e 80
three powers with when alone we are con-
cernea in this discussion
- :" ,,,'' .',,oI,. .,,.,,,r ,,
~ C'.I. Tnt.
other public ministers ana oonsu!s. ms
auviee anu consent Vi 'ho Sen"o W ."esv e, 20 =,
during a recess OF tho Senate by granting a
oon, mission which .bau exnirs at the and Of
the next session.
"Second-He may appoint inferior officers
but in all these cases the office must have been
created and the power OF appointment In
yested in him by Congress.
"n.iI n - .I,Lt g., Al. ,..,..
ihro o-he may 10 aiu nun IN 'he poriorm.
ance and exercise OF his executive powers. II
convenient, appoint a mere agent as Minister
49,, p.an 80 r.,hor - oonra. Intor.
OF SPY UT peison " ka'"et VI CONVEY 'hio,
ha IN no sense an oricer Of the United states
could sYorcise no of,,cial function and could do
Dou no act whatever which could have anp bindinS
force on the United States or any Of the people.
- o.,o,v ha.onaa ho hns donar
"Ot these powers the first two are unques-
tionable. and the third have no disposition to
question now the eppoihtment OF Mr.
Blount falls within either OF the first two
powers have enumerated rated suppose there
wiz 1e NO nenu,VL 90 1 naiuS % W uo'enu ms
appointment. II he WAS nppoiDted to exercise
nm lnferior office the power to I'LL such office
had never been vested in the President II he
were public Minister, his appointment was
Il was made and il WAS never consented TO,
Now. it seems to my mind a proposition
that never can 6e questioned. except under the
Ministes. lie was mnierstood by the Presio
dent who appoint ted him TO be a public Minis
ter lie understood himself to be- q public
Minister. The powers with which he was
clothed were in substance and essence the
powers OF a public Minister OF the ampIest
character. lie was received as a public Minis
credited. No power or function OF a public
Minister was denied him. No definition OF the
term public Minister could he made In which
he would not have been Included That per-
son is as it seems to me clearly public officer
whose acts are binding on other persons by
virtue Of the authority he is exercising when
such acts originate in his own discretion or
Judgment, and he is not merely an agent CON
yeying the mandate OF another.
There is one decisive test as il seems to
me- OF the character which the President
undertook to confer upon this agent The
public Minister is not liablp to be arrested, or
held personally responsible for acts done by
his superior's orders The private citizen has
no exemption from full responsibility to all
the laws OF the country where he happens 10
be. VIII it be pretended that the Government
OF Hawaii might have arrested Blount for
reasonable plotting with the Queen IL he |
had offered to restore her. under any cir
cumstances2 They could have done H.
unless he were Minister OF the United |
States VIII IL be doubted that the inyestiga-
tiOn Of the circumstances which led TO the |
establishment OF an existing government with |
A view 10 It's possible overthrow is not an act |
which would warrant the instant expulsion
from its territory OF any person engaged in IL, |
other than the represent tative Of a foreign Gov
ernmentY Is there any doubt tn at such action, |
,n,I.,r - putinuu Npn,,lI ~,