The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-08-06
ARGUE IN BRIEF
Attorneys of Hamilton
Aroused On Jurisdiction.
Contend That Certain Authority Of
Republic Of Hawaii Ceased Near
~ a Month Ago In Court.

The case of ". .. Hamilton, murder
in the first degree will come up in the
Supreme Court under habeas corpus pro
ceedings this morning. Yesterday the at
tOrueys for defendant fled an additional
al brief hearing upon the point previous
al brief bearing upon the point previous
Court. The brief is in part as follows
1t is further submitted and coatended
that Your Honor VIII take judicial kuowI-
edge OF the Ce1tDE OF this country to the
United states OF america, as an Courts
generally known within the limits OF their
The United States having acquired the
Hawaiian Islands in the manner herein
before set out cannot hold them subject
public OF Hawaii And the finding OF a
true bin by the Judge OF the Circuit Court
being contrary to the Constitution of the
United States renders the proceedings
Court absolutely void
Hamilton is a citizen Of the United
States and as such cannot be tried for the
crime OF murder upon an Indictment that
is not presented by a grand jury. He
has a right TO the protection which the
Constitution of the United States gives
to all its citizens. The moment that the
President Of the United States signed and
approved Of the resolutions anneXing the
Islands the sovereignty of the Govern
ment of the Republic Of Hawaii ceased
TO exist.
of these Islands which impairs the sup
remacy Of the National authority and the
right of citizens under the Constitution
of the United States IS void.
It is also matter Of public nOtCriety
that the United States ship of war Phiia-
delphia arrived in this port with iDstruc-
lions from the President of the United
States TO raise the flag Of that country
on these Islands, and go through the
formal ceremony of making public pro
cIamation of the Act and deed of the
President of the United States in giving
his assent to the joint resolution of the
Congress and Senate of the United states.
The Government of the Republic OF ia
wall acknowledged the CeSSlOn OF ITS ter
ritOry to the United States when they
accepted the action OF the President OF
the United States on the It day OF July
1898, as final. NO,---ng was required 10
be done on the part of the Government
of the Republic of Hawaii, either by
Executive or Legislative branch thereof
to complete the cessiOn Of territory
Therefore. when the resolutions were
signed by the President of the United
States the Hawaiian Islands We're ceded
to the United States. And the cession OF
the territory, coded the rights and pow
ers Of sovereignty which the Government
Of the Republic of Hawaii had over the
Hawaiian Islands 10 the United states OF
Hamilton has not committed any crime
against the sovereignty OF the nllGq
States of America, and therefore Shouig
be discharged from custody. ne ShouLu
also be discharged from custody because
he is not held imprisoned or detained oE
dne process OF law within the meaning
Of the Constitution of the United States,
in whose Jurisdiction be now is. C0Qlo
the Government of the Republic Of Ha-
wall enter into a treaty with any foreign
nation at this time?
J. NJ DAVIDSON,
GEO. a. DAVIS,
Attorneys for the petitioner W. D. Ham
Dated August 9Th, 1898.