The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-05-28
GRESHAM'S NOTE TO Mr.. WILLIS
he Defines Administrations Atti-
tude on Deportation.
Inclined to Doubt CranstOn's Nation
aIity-Kemarks Upon Govern
ment Action.

The San Francisco Chronicle OF
May 18th contains the. following
letter from Secretary Gresham to
Minister Willis defining the atti-
tude Of the Administration in the
Cranston case:
"I have to acknowledge the receipt OF
your No. SO, of the 9Th inst, in relation
to affairs in Hawaii, and particularly
in relation to the fOrcible deportation,
on the 81 inst, of three men, one OF
whom, j. CranstOn, claims to be a
citizen of the United States. I inclose
herewith copies of certain dispositions
made by Mr.. Cranston on the Ilth
and 18th inst. before Mr.. Peterson, the
commercial agent at Vancouver.
These depositiops leave the question
OF Mr.. Cranston's nationality in
doubt, and Mr.. Peterson has been in
stTucted to obtain further statements
from him on that subject.
"Under these circumstances the de-
partment does not instruct you to
make any representations to the Ha-
waiian Government in regard to Mr..
Cranston, but it is proper to express
to you for your guidance in similar
eases, should they arise, the views
here entertained in regard to the
cit appears that after having been
kept in Jail nearly month, without
any charges having been made against
him. he was then taken under heavy
guard to the steamer and would, in
spite of his request to see you, have
been depOrted without having had an
opportunity then to do so, had it not
been for the accidental, but timely,
interpOsitiOn OF the British Commits
sioner.
"You state that when you asked the
Acknowledgement for an explanation
OF the proceedings he replied that the
cabinet had determined to deport the
men in the exercise of the arbitrary
power conferred by martial law. AS
this was the only explanation he gave
1t IS assumed it was all he had to offer,
and he gave it without suggesting any
question as to Mr.. Cranston's nation
atty.
''If the position thus assumed be
sound, the very proclamation of mar
tial law in Hawaii renders all foreign
ers there residing, including Amer
leans, liable to arrest aud deportation
without cause and without any reason
other than the fact that the executive
power wills it.
"fhey may be taken from their
homes and their business; they may
be deprived of their liberty and be ban
1shed they may be denied the ordinary
as Well as the special treaty rights of
residents, without Offense or miscon-
duct on their part, simply in the exer-
else of arbitrary power.
"'Iruly viewed says an eminent
author, martial law can only change
the administration of laws, give them
a rapid force and make their penalties
certain and eff ctual, not abrogate
what was the justice of the commun-
ity before. The civil courts are in
part or fully suspended but in reason
the new summary tribunals should
govern themselves in their proceed
Jugs, as far as circumstances admit,
by the established principles of justice,
the same which had been before rec
ognized in the courts' bishops
Cri minal Law, Sec. 49,.
'1n view of what has been stated,
your course i'll protesting against the |
position assumed by the Attorney |
General of Hawaii is approved. 1 am,
;jr, your obedient servaut,
w. @. GRESHAM"