New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-04-23
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Is GRESHAM WRONG AGAIN
MICH CRITICISM OF HIS LATEST DIS
PATCH TO MINISTER WILLIS.


ENTITLED TO THE PROTECTION
OF THE GOVERNMENT.
| lBy TELEGRAPH TIE TRIBrNr
Washington. April 22.-The soundness OF 'he
| oninion OF Secretary Gresham, telegraphod 70
san Francisco yesterday in reply to Minister
Wilis's request for instructions as TO the status
| OF Americans who may take an oath oil allegiance
10 support the Provisional Government OF "a
wall ard to oppose any attempt to re-estaDAfh
monarchical government in any form in the
islands is questioned by many weiI-hforii'c"
persons here who have given careful attention to
the subject Of American citizenship. 80 ihu'h
of the Secretary's instructions as state that this
| Government does not hold to the doctrine OF per-
netual allegiance is accepted as conclusive II Is
| in relation to that part Of his telegram when
| savs that an American who voluntarily taxes an
| oath 10 support foreign government proDaDy
| aband0ns his right to claim protection from '"e
United States that criticism arises In TINS id''er
| respect Secretary Grcsham's opinion IL al Vari-
! ance with principles laid down by secretary
| Frelinghuysen in the case OF Peter Cushhah
Jones to which Minister Willis refers In his re-
| quest to the state Department FOR lhsUu''IolS
| In many relations the cases Of Americans now
| in Hawaii are identical with that or MI jones'
II is Of much interest to read the opinion OF Sec
|
! Mr.. Comley who at that time was Minister 10
| ttovou In 1852 there was no special reason Toy
fayor,ng or opposing any particular form OF gov
| ornment IN the islands. and the expressions oil
| the Secretary Of State could not properly De re-
| gorded as having any selfish or Interior OBJECT
secretary Frelinghuysen's dispatch reads as lo'-
| lows:
,",rr Jones. as It appears from his letter TO
YOU. was born in Boston in 1891 ana IN 1924 '''N
nm his residence in the Hawaiian Kingdom
entering into mercantile pursuits there AZ
| domicied American citizen. Becoming ire Owner
| Of n merchant ship under the Hawaiian nag +"
| became necessary for him. in order 10 'hc
maintenance Of his rights In that kingdom to
take an oath Of allegiance to the sovereign o'
the islands The form Of the oath Is set out
thus: . .,.o r-,it.1
THE undersigned. native Of the uhli t
| States Of America, being duly sworn "iD' i,,9
| oath declares that he will support the Consul
| tuition and the laws Of the Hawaiian ltrdl"S
and bear true allegiance t. His Majesty Name
hameha " .,.,. ,.r,o..,.
| ing NAV have upon the status Of Mr.. Jones
| American citizens Gp. In becoming cuH'n 81
the United states the law requires that an allen
shall not only swear to support the CONSTITUTION
and laws Of this country. but also 20 renouhcv
all other allegiance and especially that 81 the
| country Of which he may be then subject or
! citizen In the oath taken by Mr.. Jones there Is
! no express Remuneration Of his American ciN@rh-
| ship nor do the circumstances manifest any
! intention on his part TO eXpatriate himself me
| doctrine Of the executive branch OF the Govern
ment on this subject is thus expressed by the
Attorney General:
| actual removal. followed by foreign residence.
| accompanied by authentic renunciauoh OF pre-
existing citizenship This view finds support In
| some judicial decisions
| Concluding Secretary Frellnghuysen says:
| "In the absence Of any direct judicial determine
| ton Of the question. l do not feel disposed 10
ri ph pr L. a
| therefore you are authorized to extend To- him
| such protection az may be properly due g
citizen Of the United states residing in ana q 49,
| ing acquired a commercial domicile IN a foreign
| State
This view Of the case is generally supported
by well-nformed persons %ho spoke Of the sub
| ject to-day. The oath 10 be required Of every
| person entitled T. vote the proposed new con-
| stitu;ion of Hawaii should be carefully read 20
| appreciate the wide difference Of opinion between
| Secretary Frelinghuysen and Secretary Gresham
| 1t requires no express remuneration Of American
| citizenship" mentioned in Secretary Frelinghuy-
sens dispatch To Minister Comfy as Constituting
| an essential element In expiration. The oath
| reads follows
| residing at -. in said district. d. sO"Unly
! swear. I'm the presence Of Almighty God that
| will support and bear true allegiance to The
Provisional Government Of he Hawaiian Islands.
| ard Will oppose any attempt 20 r"-estabEsh mon
! archical government in any form in the ia
/ waiian Islands"
Excetc in respect to the clause which pledges
| the person VINO takes the oath 10 oppose any
! efforts at mOnarchical restoration in Hawaii, II
! will be seen that the oath Is the same in effect
| as the which Mr.. Jones took few years
! ago. and which did not. in the opinion Of Sec
| retary Frelinghuysen deny him the right Of
| protection due citizen Of the United States.
| The query IS not unnatural under all the cir
| cumstances-and II has been voiced frequently
| to-day: Has Secretary Gresham any sinister
| motive in dissuading American residents Of Ha-
wall from agreeing TO oppose the restoration Of
monarchy N the islands? Secretary Freling-
huysens dispatch fully covers the inquiry OF
Minister Wills except to the feature Of The
proposed oath which pledges opposition 10 the
return to the throne Of Hawaii Of LiliuOkalani
or any other aspirant It is therefore thought
IA her remarkable that Secretary Gresham
should send forth an opinion which VIII quite
naturally tend 10 prevent a number Of Ameri-
cans from taking part in the coming election to
select delegates 10 Hawaiian Convention. which
is TO frame a new constitution for the country.
1t is asked why he did not iterate a previously
announced decision Of a former Secretary. backed
up as IL was by opinion of the Attorney
General Are all Of the acts Of the present Ad-
ministration with respect to Hawaiian affairs TO
be ''orignaf'?
A LETTER FROM Mr.. CLEVELAND.