The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-17


vices brought from Honolulu by yester-
days steamer, under date Of May s, have
an important bearing upon the question
of the treatment to be accorded the pris-
oners convicted by court martial of
treason, misprision of treason and of per-
sons deported for the same offense, who
have appealed to the government of the
United States for protection, claiming TO
be citizens of this country. The most
notable were the cases of J. Cranston,
deported to Vancouver, and ]. f. Bowler.
sentenced to five years Imprisonment
and 5000 fine. In each Of these cases ap-
peals were made to the United States
government for potection. The action of
the department of state IN behalf of
these cases has been made known TO
the friends Of the men here, and the for
NAL letters of Secretary Gresham are
now Published as indicating the attitude
tho state department at Washington has
assumed towards the whole question of
citizenship of Americans who have be-
come at any time attached to Hawaii,
and particularly as showing an essential
difference in the view of this subject
taken by the government of the United
States and of Great Britain as revealed
in the attitude of the latter in the case
of Walker and Richard, alleged to be
British subjects. The correspondence is
made up of two lettes, the first touching
the Cranston case, being as follows:
Greshan'S Letter.
Department of State,
Washington, Feb. 25 1895.
"A. 5. Willis, Esq, honolulu:
'Sir:-I have to acknowledge the re-
ceipt of your No. 50 of the Sth inst, in
relation to affairs in Hawaii, ard particu-
11rl I'LL
ton on the Ind inst, of three men, one
of whom, Mr.. j. Cranston, claims 10 be
citizen of the United States. l enclose
herewith copies of certain dispositions
18th inst. before Mr.. Peterson, the COM
mercial agent of the United States at
Vancouver. These dispositions leave the
question of Mr.. Cranston's nationality in
doubt and Mr.. Peterson has been in
structed TO obtain further statements
from him on the subject.
Under these circumstances the depart
ment does not instruct you to make any
representations to the Hawaiian govern
ment in regard to Mr.. CranSton. but it is
proper to express TO you for your guild
ance in similar cases, sh5uld they arise,
the views here entertained in regard TO
the course of action taken in the case.
1T appears that after having. been
kept in jail nearly a month, without any
charges having been made against him.
he was taken under a heavy guard to a
steamer, and would, in spite Of his re-
y
without having had an opportunity then
to do so, had it not been for the acct
dental, but timely, interpositon OF the
British commissioner You state that
when you asked the attorney general for
an explanation of the proceedings, he
replied that the cabinet had determined TO
arbitrary power conferred by martial law.
AS this was the only explanation he-gave, /
it is assumed it was all hee had TO Offer
and he gave it without suggesting any
GrinO q c n Mr. STOn'S nationality
Is it Sound:
IF the position thus assumed be sound. !
the very proclamation OF martial law in /
Hawaii renders all foreigners there re- /
siding, including Americans. liable to ar (
rest and deportation without cause and /
without reason other than the fact that |
the executive power wills it.
They may be taken from their hoGeS /
ard their business they may be deprived I
of their liberty and be banished; they [
the special treaty rights of residents, |
without ofrense of misconduct on their /
part, simply il the exercise e arbitrary |
power
ITO state such a proposition is in the /
opinion Of the president, to refute it
Truly viewed, says an eminent author.
of the laws, give them a .
rapid force. and make their penalties GER
tain and effective: not abrogate what was
the justice of the community before. [
The civil courts are in part or fully sus-
pended; but in reason the new summary
tribunals should govern themselves in
their proceedings as far as circumstances
admit, by the established principles of
justice, the same which had before been
recognized in Inc courtS'-BiShOp' crini-
nal law, section 40
In view of what has been stated, your
course III protesting against the position
assumed by the attorney-generaI of
Hawaii is approved.
y am, sir, your obedient servant,
''W. Q. GRESHAM"
The Bowler Case.
The second letter relates of the Bowler
case and is as follows:
Department of State,
Washington, April ), 1895.
Albert s. Willis. Esq. Honolulu:
"Sir:-It appears from your No. So Of
%, that on the 22nd of that
month J. L. Bower was convicted by
military commission, sitting at Honolulu.
Tor participating or implication in the
or uprising IN Hawaii early
n January and sentenced to imprison-
nent at hard labor for five years and pay
lection as an American citizen and that
he Hawaiian authorities assert that he
s not entitled TO such protection, because
le is nauralized citizen OF that govern
when Mr.. Bowler left his country and
vent to Hawaii does not appear. but
March Is 1885, he voluntarily took an
'ath to support the constitution and laws
If the Hawaiian islands and bear true
allegiance to the king, without expressly
'enouncing or giving up his allegiance TO
he United States, section 453 prescribing
his oath, Compiled laws of Hawaii,
$50, provides every foreigner so natural
Zed shall be deemed for all purposes a
native of the islands, subject Cslly TO
heir laws and entitled to their protec-
ion, and no longer amenahle to his ma
i've sovereign while residing III the king
lom, nor entitled to resort to his ma
i've country for protection or inrerven-
ion.
That for every such resort he shall be
ubject TO the penalties annexed to re
'ellion and that having been thus nat
he shall be entitled to all the
lights and immunitieS OF a Hawaiian !
ubject. l am informed that the supreme /
curt of Hawaii has held that the taking
f this oath operates to naturalize the |
is not claimed that since 1885 Mr.. Bow
er ever returned TO the United States OF |
esided elsewhere than on the islands.
his government has never held to the
octrine of perpetual allegiance; on the
ontrary, from its organization, it has
Maintained the right to throw off ones
atural allegiance and assume another
not alienable. Expatriation' said At /
)Tney General Black III 1853, includes not !
My emigration out of ones native coun ,
", but naturalization in the country
dcpted as a future residence.
The effect or naturalization is to place
lie adopted citizen in the same relation {
the government as native citizenships
he right of the Hawaiian government !
it'll his consent, TO adopt Mr.. Bowler as |.
) fully as if heb had been born upon its !
ii, is as clear as his right to expatriats
nself. He manifested his intention l
abandoning mis- American citizenship e
I. taking the oath to support the constl- {
legiance to the king and so far
Town, he manifested no contrary inten {