The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-10

es,yyEIaSD's FATAL MIsTAKE.
The text Of the demand Gf Minister
Willis that the provisional government OF
Uawaii sfispsrse aud consent 20 the restora-
ton of the queen on the pledge OF am
nesty and respect on her Part for Inc con-
stitution Of ISs7 IL before Ms. IL IL possible
that President Cleveland has been honest
in ali this business. bat II he is honest he
Is exceedingly ignorant, for he has no
more right 20 make such = demand upon
the De faefp government Of HAWAII which
becasae de lure the moment that 1t was
nxed bY the United States and Ras-
sla than Harrison would have had to de-
raand the restoration OF Bsimaeeda in
Cbiis after the revolutionary government
had been recognized by the United States
aud Europe.
President Cleveland and his secretary of
state. In assuming To anaai the recogni-
tian BY former administration of II,
frrfs government with which the United
States IL In peaceful diplomatic relations.
have completely exceeded the constltu-
tionai powers of the executive. The qaes-
ton is not whether ex-Minister Stevens
did or did not aid in the establishment of
the provisional government of Hawaii; IL
II not whether the annexation of the
Islands 10 the United states is expedient
or inexpsdisut; or whether the deposed
queen Is disreputable and corrupt per-
son, or whether the provisional govern
ment represents the civilized forces of the
island or not President Cleveland's fatal
hIunder IN that he has ignored the ele-
mentary rule of international law that the
formal recognition of the representatives
of power claiming 10 exist as a nation is
a recognition of the national existence of
such a power with all the attributes Of
sovereignty.
During the war of our rebellion Earl
Russell. the head Of the English ministry,
refused in May. is6i. to receive officially
the pienipotentiaries of the so-called Con-
federate states. and both President Bn-
chanan ard President Lincoln refused to
receive persons accredited to them from
the same quasi nation. At the beginning
OF eur civil war our ministers at the courts
Of Paris and London we're instructed that
they were to treat as an act OF war any
formal recognition by those courts OF the
representatives OF the Confederacy. Under
the Constitution. article , section 3, the
power 10 recognize and receive as such
the representatives of foreign powers is
vested exclusively In the president Of the
United states. and bis act In rendering
a.. Ia fssFf
This act of recognition. being once &C
complished, by entering into diplomatic
relations with the representatives Of
tho new power and by accredit-
ing representatives 70 such power, is
conclusive aad irrevooable so long as The
de k1cto existence of the new government
continues. Ifthe executive receives an am
basssdor or ether minister as the repre-
sentative Of new nation, or of a party
in civil war In an old nation. IL is an
acknowledgment Of the sovereign su-
thurity de faesa eF such new nation or
party. aus Is conclusive upon the nation
s1aess q eaa b gseerscsi ~ ga act % con-
sfess ffpsd'efisg Il.
Chief Justice Marshall ruled that when
civil war RACES IN foreign nation. one
part Of which separates itself from the old
established government aud erects itself
into distinct government. the courts OF
the Union must view such newly cs;ab-
iished government as ii IS viewed by the
legislative aud executive departments OF
she government The administration OF
President Cleveland. ia face OF tho fact that
she nited States acting by its lawful and
only authorized representative has hereto
fore recognized the provisional govern
asut al Hawaii and entered into fu,l
diplomatic relations With Il. has attempted
80 annul such former recognition. not by
tae authority Of congress. bus hy the exec.
utlse aaf Of President Cleveland. Thu.
far shis attempt has been confined to the
demand If President Cleveland made
Through Minister Willis upon the govern.
uens of Hawai-. and Is without effect. Ia;
il tie administration, by actual use Of
toscs OF as Intimidation exercised through
oag wArshlps 81 Honolulu. or ~ threats
coached in diplomatic language. extirr
guiShes \ goysrna3eDs which this nation
has formally recognised. then tAs admin.
issrasion would Re clearly guilty OF \ NO
Iatlea q tie constitution 81 the Unlsed
states and al the obligations imposed upoF
il IS international IAN
The president has tFsbscende3 the pow
eEs granted him Is ths constitution. ans
his demand that the provisional govern
mont recognized BY the Unjysd STATE,
government - besns a government 4
fslcta, SHAH ahaicate IL favor al tho de
posed qasca. demand emphasized hy abs
presence before Honolulu Of American
warshirs = sFoss iasult iaaiesed upos
friendly posvY, which, II inflicted Gg4cg
government strong snoaeh 20 sessat il
woasd Re answered ~ sending Nlnisss
Mills hts passports, President ClsvelAn<
las abused h.s position 10 enforce his owr
tsia ses.as. $ ltseadiy poses. a rose
slreaslY recognized rs sAs United State
n "a acs OF rceognatlos which ~as eon
elusive snd Lrreyoeab.e Gatl re
NrFse.i bT HE A.. aear.tv AT ss,u~rpxs