The Hawaiian star., 1902-03-18
DOLE HAD POWER
OF APPOINTING
CORRESPONDENTS BETWEEN MIN
IsTER sEwALL AND COOPER
PRODUCED IN COURT.
SEWALL TOLD PRESIDENT DOLE
TO APPOINT.
Document Offered In Reply To The At
tack on Appointments of Judges
Davis And Silliman.

Attorneys A. Lewis and e. b. Nc
Clanahan appeared before the Supreme
Court i'm Chambers yesterday to argue
the question of introducing in evidence
before the court some correspondence
between United States Minister Sewall
and Minister of Foreign Affairs Henry
E. Cooper, relative to the powers of
President Dole to make appointments
to office in the ''unorganized Territory
of Hawaii" after annexation and be-
fore the Organic Act took effect.
The proof was offered by Lewis, in
the case of George u. Hind ct al, VS..
the Wilder Steamship Company. This
is the case in which the acts of Judges
Silliman and Davis We're attacked by
MCClanahan, who claimed that the ap-
pOintments Of these two by Dole with
in the period referred to, were void, the
appointing power being with President
Mckinley. Lewis offered to prove by
documents on file in the Governors Of
flee that the power to make such ap-
pointments had been conferred upon
the President of the Republic of Ha-
wall after annexation.
After hearing argument the Supreme
Court decided to admit the evidence
and Lewis will file the letters that pass
ed on the subject of appointments. In
the letter, Sewall, as representative of
the United States government, advised
Dole to make appointments as before
which would include the appointments
of circuit judges to fill vacancies, as in
the cases where Davis and Silliman
were appointed to sit during the illness
of Judges Perry and Stanley. The letter
is as follows:
Special Agency of the United States,
Honolulu, September 5th 1898.
Honorable Henry E. Cooper Minister
of Foreign Affairs, Honolulu.
Sir Referring to the interroga-
tories prOpOunded by your Government
and transmitted by me to Washington,
l have the honor to inform you that l
am in receipt of telegraphic reply
from the Secretary of State replying to
the same, from which for your infor-
nation 1 beg to quote as follows:
Vacancies in appointive Office will
as a rule be filled as heretofore, but an
oath of allegiance to the United States
will be required
Resolution provides that land laws
of United States shall not apply to
public lands in Hawaii and that muni-
cipal legislation of Hawaii generally
shall remain in force
Mr.. Dole may for time being sign
as President of the Republic of Ha-
wall and processes may run as hereto
fore. The use of the word Republic
does not necessarily imply independ-
enCe.
"Particular questions will be decided
as they arise.
4 have the honor to be, sir,
Your Obedient servant,
"CSigned) HAROLD NJ. SEWALL,
Special Agent of the United States"
With this is the letter from President
Dole, surrendering to Sewall the SOW
ereignty and public property of the
Islands, as follows:
Executive Chambers,
Honolulu, H. l.. August y, 1898.
The Honorable Harold NJ. SewaH,
Envoy Extraordinary and Minister
PlenipOtentiary Of the United
States of America.
Mr. Minister: treaty of political
union having been made, and the ces-
sion formally consented to by the Re
public of Hawaii having been accepted
by the United States of America; 1
now,-in the interest of the Hawaiian
body polite, and with full confidence
in the honor, justice and friendship of
the American people, yield up to you
representing the Government of the
United States, the sovereignty and
public property of the hawaiian ISL
ands.
SANFORD B. DOLE"