The Hawaiian gazette., 1898-08-09
Attorneys off, Hamilton
Aroused On Jurisdiction.
Contend That Certain Authority Of
Republic Of Hawaii Ceased Near.
~ Month Ago In Court.
From Saturdays DaiIyl

The case of W. u. Hamilton, murder
in the first degree will come up in the
supreme Court under habeas corpus pro-
ceedings this morning. Yesterday the at.
torneys for defendant filed an additiona.
al brief hearing upon the point previous
al brief bearing upon the point previous
Court. The brief is in part ms follows.
1t Is further submitted and contended
that Your Honor Will take judicial knowl-
edge OF the ceding of this country to the
United States of America. as ali Courts
Will take notice of whatever ought to be
generally known within the limits OF their
JURISDICTION.
The United States having acquired the
Hawaiian Islands In the manner herein
before set out cannot hold them subject
to the Constitution and laws of the Re
public of Hawaii And the finding of a
true bill 10y the Judge of the Circuit Court
being contrary to the Constitution of the
United States renders the proceedings
against this petitioner In the Circuit
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
| IL not presented by a grand jury. IL.
| has IA right to the protection which the
| Constitution of ,he United States gives
| to all its citizens. The moment that the
| approved of the resolutions annexing the
| Islands the sovereignty of the Govern
ment of the Republic of Hawaii ceased
| to exist.
Any action on the part of the Courts
| of these Islands which impairs the sup
remacy of the National authority and the
| right of citizens under the Constitution
| of the United States IL void.
| 1t Is also "A matter OF public notorietN
| that the United States ship of war Phila
| delphia arrived In this port with instruc
| tions from the President of the United
| States to raise the flag of that countr,
on these Islands. and go through thu
formal ceremony of making a public pro
| clamation of the Act and deed of tn,
President of the United States In givini
his assent to the joint resolution of tn
Congress and Senate of the United states
The Government of the Republic of Ha
wall acknowledged the cession of its ter
ritory to the United States when the!
accepted the action of the President o
the United States on the II day OF July
1903. as final. No,...ng was required I
be done on the part Of the Government
of the Republic of Hawaii, either b
Executive or Legislative branch thereof
to complete the cession of territory
| Therefore, when the resolutions wer
signed by the President of the Unite
States the Hawaiian Islands were cede
to the United states. And the cession 9
the territory. coded the rights ana pow
crs of sovereignty which the Governmen
of the Republic of Hawaii had over IN
Hawaiian Islands to the United States q
| America.
Hamilton has not committed any Grim
, against the sovereignty of the Unite
| states of America. and therefore shoul
be discharged from custody. ne shoui
also be discharged from custody hecaus
| he Is not held imprisoned or detained d
due process of law within the mcanin
of the Constitution of the United Statei
? | i'm whose jurisdiction he now is. toui
, the Government Of the Republic OF ia
, wall enter into treaty with any foreig
nation at this time?
: Respectfully submitted. -
Il ]. NJ. DAVIDSON,
GEO. A. DAVIS,
Attorneys for the petitioner, W. ID. Han
ilton.
al Dated August 9Th, 1928.