Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-05-17

the latter In the cases OF Walker and
Ricard, alleged TO be British subjects.
The correspondence In made up OF two
letters. the FIRST touching the Cranstun
Gaze. being "a follows:
department OF state, Warrington
February 20, 1884, S, willis, Homo
lulu; | have to acknowledge the re-
ceipt OF your Number s OF the Sth
Inst. In relation to Affairs In Hawaii
and particularly IN relation TO the
forclble deportation on the "a inst
OF three men. one Of whom, MIR. j. G.
CranEtun, claims to be a citizen OF the
United Statca. inclose herewith copies
OF certain depositious made by Mt.
Cranstun on the iith and 18th Inst,
before Mr.. Peterson, the commercial
agent OF the United states at Van
Couvcr, These dcpositluns leave tho
question OF Mir, Cranstun's nationality
IN doubt. and Nh Peterson has been
instructed to obtain further statements
from him ON that subject. Under these
circumstances the department does not
now instruct you to make any repre-
sensations to the Hawaiian government
in regard to MIR. Crnnsiun. but It 10
proper to express 10 you FOR your own
guidance In similar onsos should they
arise the Views here entertained In re-
gard to the course OF action taken Ia
that case. II appears that after hnV-
ing been In jail nearly month without
charges being made against him. he
was taken under guard to steamer
and In spite OF his request to see you
To have Teen dcportcd without having
an opportunity then TO d. 70 had It
not been FOR the accidental but timely
interpositlon Of the British commits
sioner. You state that when you asked
the attorney general for an cxplana-
ton OF the proceedings he replied that
the cabinet had determined 10 deport
the men In the exercise or the arbl-
trury power conferred by martial law
As this was the only explanation he
gave, II is assumed 1t was all he had
TO offer, and he gave II without aug-
gcsting any question us TO MIR, Gran
stuD's nationality, IL the position thus
ton OF martial law In Hawaii renders
all foreigners there residing including
| Americans, liable TO arrest and depor-
tatlon without cause and without any
reason other than the fact that the
| executive power viii ST. They may be
taken from their homes and their buH-
ness. they may be deprived OF their
liberty and banishod; they may be de-
MED the ordinary as wen as special
treaty rights OF residence, without of
Tense or mlgconduet on their part.
simply In the exercise OF arbitrary
powers
ITO state such proposition Is, In the
opinion OF the president, to refute II.
| Truly viewed says an eminent au-
thor. martial law can only charge the
administration OF the laws, given a
rapid force aud make their penalties
certain and encctunl; not nbrogatn
what was the justice OF the community
before. The civil courts are In part
fully sustained, but IN reason the new
summary tribunal should govern them
selves In their proceedings as far AZ
circumstances by established principles
OF Justice admit tho same before reoog-
nizcd In tho courts bishops criminal
law, section 40 In view OF what has
been stated, your course IN protesting
against the position assumed by the
nttOrney-general OF Hawaii Ia approved.
| am, sir. your obedient servant,
wv. q. GRESHAM"
The second letter relates 10 tho
| Bowles cases and IL as follows:
Department OF state Washington,
| April TO- lS95-"Albort $. Willis ESD.
| Honolulu. Dear Sir: II appears from
| your number SO OF February Is that on
/ the 22nd OF that month j. w. Bowles
was convicted before n military com
/ mission, sitting at Honolulu for par
| ticlpntton or completely In the disturb
Rnce or uprising In Hawaii in Janu-
airy and sentenced to imprisonment at
hard labor for five years and. to pay a
fine Of 5000, that he now claims pro-
tcctlon as an American citizen and
that the Hawaiian authorities assert
! that he Is not entitled to such protec-
tion because he Is q nnturallzed citizen
OF that government. When Mr.. Bowlea
left this country and went to Hawaii
does not appear but on March 4. 1885,
he voluntarily took nm oath to support
the constitution and laws Of the Haw-
allan Islands ana bear true allegiance
to tho king without expressly re-
nounclng or reBeryng his allegiance
-
the statute prescribing this oath (com-
piled laws OF Hawaii 1880. provides
that every foreigner 70 naturalizcd
shall be deemed for all purposes n ma
tive Of the islands, subject only TO Its
laws aud entitled TO their protection
and no longer amcnable to his native
sovereign while residing In. tho king
dom, nor entitled 10 protection or in
teryentlon OF his native country; that
for every such resort he shall be SUBJ
1ected 10 the penalties annexed 10 re-
belilon and that having been thus nat
urallzed. he shall be entitled TO all the
rights and immunities OF Hawaiian
subject. 1 am Informed that the su-
irene court OF Hawaii has held that
the taking OF this oath operates TO
naturnlize the allen and admit him to
fur citlzenahlp. IL In not claimed that
since 1885 Mr.. Bowles ever returned to
the United states or resided elsewhere
than, on the islands This government
hes nsrsr hesd 20 the doctrine OF per-
petual allegiance; on the contrary from
It's organization u has maintained that
the right 10 throw ones natural oile-
glance and assume another Is iiialien-
able.
Disqualification" said AttorneyGeneral
al Black In 1859. includes not only
emigration out OF ones native country
but naturalization In country adopted
as further residence. The effect OF
naturalization Is TO place the adopted
citizen In the same relation TO the gov
eminent as native subjects. The right
OF the Hawaiian government with his
consent TO adopt Mr.. Bowles AS fully
as n he had been born on It's soil
Is as clear as his right TO expatriate