The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-27

IN Judicial capacity? / say his acts
do not justify that assumption. An
arbitrator or a judge would not inter
fere with the existing status of the
parties. The president Of the United
states Immediately upon gaining his
seat lowered the American flag and
thereby changed the status Of the par
ties fCries Of "hear, hear, that was
not the act Of a Judge, gentlemen.
Again, has be notified anybody that
lie was proceeding with judicial iu-
vestigation? Has he given any notice
that Il hearing would be had on such
date? Has he notified anybody the
witnesses were being examined? Has
he given anybody an opportunity to
cross-eXamine those witnesses or TO
confront them? Has he given any
body on our side an opportunity
to cross-examine those witnesses,
or to confront them? Has he
given anybody on our side the
opportunity TO be heard (cries Of ono,
no, he never has")? Now we do not
need the legal knowledge Of that dis
tinguished judge who is now secretary
of state to know that no arbitration
could stand for moment In law, how
ever Insignificant the matter, which
was conducted eX parte, without an
opportunity TO be heard; without an
inspection of the evidence which has
been produced, or opportunity to cross
examine the witnesses? How was the
late arbitration conducted in Paris?
Did a number of gentlemen get to-
gether on the BehTiDg sea question
and in private decide upon that mat
ter? Did they send a private agent
off to Behring sea to look about and
scratch the back of the seals (laughter),
interview the neighbors and make
report daughter, cheers and applause).
Gentlemen, it can hardly be contend
ed that the Provisional government
and we representing the supporters of
that government have submitted our
right to exist to Colonel James III.
Blount of Georgia (applause). The
President of the United States had the
undouhted right, so far as we were
concerned, to examine into the status
here, the situation of the country, as
bearing upon the question whether or
not he should continue the negOtia-
tiOns of union pending when he took
his seat as president. That was osten-
sibly the object for which Colonel
Blount was sent to these shores. We
insist that up to this point there has
been no judicial Investigation in
which both parties have been given
the opportunity to be heard cap
plause). And again, as showing con-
clusively the utter absurdity of the
position that this has been an arbitra-
ton; could an arbitration of such
nature be possible when the govern
ment of the United States had a
treaty pending before it, between it
and the power which it is charged
was submitting its right to exist to
the decision of one man (crieS of mo,
no")? We were a power de facto then;
we were recognized by certain great
powers of the world, which made us
power de jure, and we were a power
having treaty relations with the
United States of America (applause).
A treaty had been negotiated which
bound the executives of the two ma
lions at the moment President Cleve-
land took his seat. That treaty
awaited ratification to make it final,
but it nevertheless was q treaty bind
ing the executive. Now, gentlemen,
L challenge the right of the chief
executive of that great nation, of his
own mere notion to undo the act of any
of his predecessors great applause).
Congress may do it, congress has the
full power, but Grover Cleveland had
no more right, legally or morally, to
undo the act of Benjamin Harrison,
than he had to undo any act of Abra-
ham Lincoln great applause and
cheers. But waving all those con-
sideratiOns, there remains this funda-
mental one, that no court of arbltra-
ton would have the right to ignore
the great question at issue; that is,
whether or not Liliuokalani had vio-
lated the constitution; had thrown it
to the dogs, and had put herself beyond
the pale and protection of the law.
To ignore all that, and decide this
great issue upon the petty technical
ity as to whether or not Mr.. Stevens
recognized the power of this cOmmu-
nity five minutes too soon or not, was
not in the power of a judge great APP
plause and cries of YOU'RE right").
L repeat, there has been no submission
to arbitration. Let us, therefore, chal-
Ienge all false assumptions, gentle
men, and let that challenge go on
record. Let us hold the president
TO the true issue, and then if the
legally constituted power of the Uni
ted States, the power which has the
right under the constitution to declare
war, overpowers us, we will go down
with our colors flying and with no
misrepresentation possible. Let 1T be
known to the world that if that event
takes place it will be because the
United States has exercised its power,
but not its right. Let us hope that the
showing we can make will have an
effect upon congress in shaping It's
course, and that it will also have its
effect upon the distinguished secre-
tary of state and the chief executive
of the American nation great APP
plause).
C-cfJa