The Hawaiian gazette., 1894-03-02
A New York Judge Gives His
Opinion on the Subject.
NOAH DAVIS ROAsTS RESTORATION
Question from a Legal and Judicial
Point of View-The Position of the
Government Declared ImpregnabIe.

Inc following paper, mum Tic
pen of Judge Noah Davis, formerly
of the New York Supreme Court,
was contributed by him to the
columns Of the Independent 1t is
very moderate in tone, and is one
of the most convincing arguments
yet made upon the Hawaiian ques-
ton:
Ought our Government to overturn
the Provisional Government of Ba-
waii and restore the eX-queen 10 the
throne Most emphatically No.
The revolution that brought the
Provisional Government into being
was caused by the queens attempt,
by Usurpation, to destroy the existing
Constitution and substitute arbitrary
ard despotic powers This attempt
authorized and justified her subjects
to resist and depose her, and to suo-
stitute u new form of government.
This was done by her own people who
proceeded to create the Provisional
Government. Not a drop of blood
was shed, not blow was struck; but
in the midst of the intense excite
ment, two hundred marines from an
American vessel were ordered on
shore to protect American life and
property from dangers feared but not
realized; and, doubtless, by the moral
force of their presence they con-
tributed to make the revolution
peaceful one.
The Provisional Government be-
came complete in form. 1t was recog-
nized as a Government by our resi-
dent Minister and by the representa-
tives of other powers. 1t sought rela-
tions with our Government, and the
President recognized it as an existing
power, and negotiated a treaty with
it and submitted the treaty to the
Senate. The present President had
undoubted power to recall the treaty
from the Senate; to refuse to ratify it,
to decline to negotiate with or recog-
nize the Provisional Government on
whatever ground he chose; but he
could not do those things by accredit-
ing to it a Minister authorized to
treat it as q LaWfuLLy eriSting pO1Oer.
The moment he did that he recog-
nized the Provisional Government as
one which could be overturned or dis
placed by him only By LdagfuL Uar.
He sent his Commissioner "para-
mount to present credentials to the
Provisional Government and to recog-
nize the "Great and Good Brother
who was its President. AS such Com
missioner he was accepted; and he
entered upon the functions of the
office with no disclosure of hostile
intent.
If our Government had intended to
"a dot ,,rIaar1 tha
lawful ruler of Hawaii, it should have
done so then by accreditiDg its para
mount Commissioner to her Govern |
ment; and no secret and concealed |
intent to recognize and restore her /,
afterward by quasi-corOner's inquest |
upon the causes of her dethronement |
can recall the recognition given to the
existing Government, or its legiti- |
mate effects.
No Government, under such cir |
cumstances, can afterward say: 81 |
came to destroy, not to recognize you,
but to find cause for your destruction,
and the substitution by my authority !
of your deposed predecessor in your
place.
Had Blount disclosed to President |
Dole, when he presented his creden-
tials to that "Great and Good |
Brother" that he came to learn
it was his duty to displace by
force the Provisional Government
and reinstate the queen with all her
power, what would have been the
"Thdt is aCar, and nobody but
Congress can declare GCGr. Take
back yo1tr credentials"
But the concealment of the true
character of the Commissioner "para-
mount" gave the President no greater
power than its full and frank dis
closure would have done.
From that hour there never has
been a moment when our President
could take any step to displace the
Government eTcept by
1OGr; and our country
knows no such war except one de-
,lared by Congress under the Consti-
tuition.
Again, on the return of his Com
missioner paramount" the Presi-
lent sent another representative
Willis) accredited to the Govern
nent of President Dole by open let
jers: and secretly to the queen with
1ut letters. His credentials were pre-
,ented to the Provisional Govern
nent, accepted, and the Minister re-
,eived. Here was new recognition
If the Provisional Government, which
could not be recalled and the new Gov
displaced except by the power
Of war. The fraud of Willis in pre-.
;enting his letters and concealing the
rue character of his mission, did not
diminish their effect as recognition
If an existing and established Gov
II the true character of Willis mis-
ZION had been known, President Dole
Gould have rightfully shown him to
he door.
The unwritten "letters" to the de-
throned queen were also, In some
secret manner, delivered to her; the
queen came to the Minister and
here learned from his mouth that the
Presidents condition of her restora-
ion to her throne was amnesty to all
who had aided in dethroning her
This was drawing her fangs too sud-
denly. She had gloated on her re-
venge too long to be thwarted by
such a condition. HNo,n she cried, |