The record-union., 1895-05-17
"DEPARTMENT OF STATE.


sDEPARTMENT OF STATE,
''WASHINGToN, April 5, 1895. J
albert s. Watlis, Hons sJulu-SIR: II
appears from your No. Se Of February
2Sth, that on the 22d OF that month ]. f.
Bowler was convicted by q military COM
mission sitting at Honolulu for partici-
| pating or implication in the disturbances
or uprising in Hawaii early IN January.
| and sentenced to Imprisonment for five
years and pay a tine of $1,000; that he
now claims protection as an American
| citizen, and that the Hawaiian authorities
| assert that he is not entitled to such pro-
lection, because he is a naturalized citizen
of that Government.
"When MIR. Bowler left his country
and went to Hawaii does not appear but
on March Is, 1885, he voluntarily took an
| oath 10 support the Constitution and laws
of the Hawaiian Islands, and bear true
allegiance TO the King, without expressly
renouncing or giving up his allegiance to
the United States. Section 453, prescrib-
| ing this oath compiled laws OF Hawaii,
1881, provides that every foreigner so
naturaliZed shall be deemed for all pur-
! poses a native of the islands, subject only
TO their laws and entitled to their protec-
| ton, and no longer amenable to his
native sovereign while residing in the
! Kingdom, nor entitled to resort to his
ton. That tor every such resort he shall
| be subject to the penalties annexed to the
| rebellion, and having been thus natural
| lied, he shall be entitled TO all the rig hts
and immunities as Hawaiian subject.
II am informed that the Supreme
Court OF Hawaii has held that the taking
OF this oath operates to naturaliZe the
alien and admit him to full citizen
ship. 1t is not claimed that since 1855 Mr..
ROwlpr ayor returnn1 IN thai Ipita1 Gfafaa
or resided elsewhere than on the islands.
This Government has never held to the
doctrine of perpetual allegiance; on the
contrary. from its organization it has
maintained that the right to throw otf
| ones natural allegiance and assume an
other is not alienable. 'EXpatriation,'
said Attorney-General Black in 1853. 'in-
cludes not only emigration out of ones
native country, but naturalization in the
country adopted as future residence
The effect OF naturalization is TO place
the adopted citizen in the same relation
10 the Government as native citizens.
The right of the Hawaiian Government,
with his consent, to adopt MIR. Bowler as
fully as if he had been born upon its soil,
is as clear as his right to expatriate him.
self. He manifested his Intention of
abandoning his American citizenship by
taking the oath to support the Constitu-
ton and laws of Hawaii and bear true
allegiance to the King, and SO far as
known he manifested no contrary inten-
ton before his arrest. That oath is in
consistent with his allegiance to the
United States. By taking it he obligated
himself to support the Government OF his
adoption, even TO the extent of fighting
its battles in the event OF war between it
and the country of his origin. He could
not bear allegiance to both Governments
at the same time.
"The President directs that you inform
Mr. Bowler that he is not entitled to the
protection of the United States; that on
similar occasions you will be guided by
the views herein expressed, and that you
furnish the Minister OF Foreign Affairs
with copy of this instruction. am sir,
your obedient servant,
NV. @. GRESHAM"