The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-28

The following paper, from the
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 Ra-
wall and restore the ex-queen to 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
and despotic powers. This attempt
authorized and justified her subjects
to resist and depose her, and to sub
stitute q new form of government.
This was done by her own people who
proceeded to create the Provisional
Government. Not 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 a
peaceful one.
The Provisional Government be-
came complete in form. 1t was recog-
nized as 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 q 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 Minister authorized TO
treat it as o. LdWfuLLy existing pOaUer.
The moment he did that he recog-
nized the Provisional Government as
one which could be overturned or dis
placed by him only 6y tGaCfut 1OGr.
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
recognize the dethroned queen as the
lawful ruler of Hawaii, it should have
done so then by accrediting its para
mount Commissioner to her Govern
ment; and no secret and concealed
intent to recognize and restore her
afterward by aquasi-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 anil Good
Brother that he came To learn
whether it was his duty TO displace by
force the Provisional Government
and reinstate the queen with all her
power. what would have been the
answer
"That is tcur, and nobody bat
Congress can dcctore Udr. Tdke
back 1our credentials
But the concealment of the true
character of the Commissioned 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 |
Provisional Government erceDt BIZ |
tg0rs and our country |
knows no such war except one de |
clared by Congress under the Consti- |
tuition.
Again, on the return of his Com |
missioner paramount the Presi- |
dent sent another representative |
Willisl accredited to the Govern |
ment of President Dole by open let |
ters: and secretly to the queen with |
out letters. His credentials were pre- |
sented to the Provisional Govern |
ment, accepted, and the Minister re
ceived Here was new recognition /
of the Provisional Government which |
could not be recalled and the new Gov |
ernmept displaced except by the power .
of var. The f.; nd Of Willis in pre- /
senting lis letters and concealing the |
true character of his mission, did not /
diminish their effect as recognition T.
of an existing and established Gov