The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-17

OF Great Britain as revealed In The atti-
tude OF the latter in the case of Walker
and Richard. alleged to be British sub
Jects The correspondence is made up OF
two letters. the first, touching the Gran
stoun case, being as follows:
Department OF State. Washing ton
City, Feb. Is. 1S95.--A. S. Willis, esq, Ho-
noiulu: Str-I have 10 acknowledge the
receipt of your No. 96 of the Sth inst, in
relation TO affairs in Hawaii. and particu-
larry in relation TO the forcible depor,a-
ton on the I'd inst. OF three men, one of
whom. Mr.. j. Cranstoun, claims TO be d
citizen of the United States. I anclose
herewith copies OF certain dispositions
made by Mr.. Cranstoun on the 18th and
18th insts. before Mr.. Peterson, the COM
mercal agent OF the United States at
Vancouver These dispositions leave the
question OF Mr.. Cranstoun's nationality
in doubt, and Mr.. Peterson has been in
structed 10 obtain further statements
from him on that subject.
Under these circumstances. the depart
ment does not instruct you TO make any
representations 10 the Hawaiian govern
ment in regard TO Mr.. Cranstoun, but IL is
proper to express TO you for your guild
snce in similar cases, should they arise
the views here entertained in regard TO
the course of action taken in that case.
''It appears that after having been kept
In jail nearly a month, without any
charges having been made against him,
he was then taken under heavy guard 10
the steamer. and would. in spite of his re-
quest to see you, have been deported with
out having had an opportunity to do so,
had II not been for the accidental but
timely interposition of the British COM
missioner. You state that when you asked
the attorney general for an explanation
OF the proceedings he replied that the cab
met had determined to deport the men in
-. an
ferred by martial law. AS this was the
only explanation he gave 1t is assumed 1t
was all he had to offer and he gave 1t
without suggesting any question as to Mr..
Cranstoun's nationality.
eff the position thus assumed be sound
the very proclamation of martial law IN
Hawaii renders all foreigners there resid-
ing. including Americans, liable TO arrest
and deportation without cause. and with
out any reason other than the fact that
the executive power wills II.
'"They may be taken from their homes
and their business: they may be deprived
of their liberty and be banished; they may
be denied the ordinary as well as the spe-
cial treaty rights of residents, without Of
Tense or misconduct on their part, simply
in the exercise of arbitrary power
ITO state such proposition is, in the
opinion of the president, TO refute 1t.
Truly viewed says an eminent author.
martial law can only change the admin
istration OF laws, give them rapid force
and make their penalties certain and ef-
fectual; not abrogate what was the JUS
tise OF the community before. The civil
courts are in part or fully suspended, but
In reason the new summary tribunals
should govern themselves in their pro-
ceedings as far as circumstances admit
by the established principles OF justice,
the same which had before been recogniz-
ed in the courts Bishops criminal law,
section AZ
I'm view OF what has been stated, your
course in protesting against the position
assumed by the attorney general OF Ha-
wall is approved. / am. sir, your ODE
dent servant,
"w. Q. GRESHAM"
The second letter relates to the Bowler
case, and IS as follows:
Department OF State, Washington
City. April 3, 1S95-Albert S. Willis, Esq.
Honolulu. Sir: II appears from your No,
So. OF February 20. that on the 22d of
that month J. +. Bowler was convicted
by military commission sitting at Hon.
olulu for participation or implication in
the disturbances or uprising in Hawaii
early in January, and sentenced TO i'm
prisonment at hard labor for five years
and 10 pay fine OF 5000: that he now
claims protection as an American citizen
that he is not entitled 10 such protection
because he is n naturalized citizen OF
that government.
when Mr.. Boyler left this country and
went TO Hawaii does not appear. but on
March Is. 1855, he voluntarily took an
oath 10 support the constitution and laws
OF the Hawaiian islands and bear true al
legiance 10 the king. without expressly
renouncing or giving up his allegiance 10
the United States. Section 45s preserfb-
ing this oath Compiled laws of Hawaii
1917. provides that every foreigner So
naturaliZed shall he deemed for all pur-
poses a native OF the island, subject only
20 their laws and entitled 10 their protec-
ton, and no longer amenahle 70 his nafive
sovereign while residing IN the Kingdom
nor entitled 10 resort 10 his native coun-
try for protection or intervention
THAT for every such resort he shall be
subject 20 the penalties annexed to rebel
lion, and that having been thus natural
i1ed he shall be entitled TO all the rights
and immunities Of Hawaiian subject
l am Informed that the supreme court of
Hawaii has held that the taking OF this
oath operates 20 naturaliZe the alien and
admit him TO full citizenship. II is not
claimed that since 1855 Mr.. Bowler ever
returned TO the United States or resided
elsewhere than on the islands. This gov
eminent has never held 10 the doctrine
from frs organiza ton Il has maintained
that the right 10 throw OF ones natural
allegiance and assume another IS not
alienable Repatriation said Attorney
General Black In lSa. includes not only
enigrat ion out Of ones native country.
but naturalization in the country adopted
as n future residence.
The effect Of naturalization is 20 place
the adopted citizen in the same relation
70 the government : native citizens The
right of the Hawaiian government. with
his consent. 20 adopt Mr. Bowler as fully
as ~ ne had been born upon SIS soil. is
as clear as his right TO eXpatiate himself.
He manifested his intention OF abandon
ing his American citizenship by taking
the oath 20 support the constitution and
laws % Hawaii and bear true allegiance
20 the king. and so far as known, he
manifested no contrary intention before
his arrest That oath Is Inconsistent with
his allegiance 20 the United States By
taking Il he obligated himself TO support
the government OF his adoption. even 10
the extent of fighting its battles IN the
event q war between Il and the country
OF h!s origin. He could not bear true al
fsgiarce to both governments 81 the same
tine. TIE president directs that you In