Mr. Willis to Mr.
Gresham.
Legation of the United States,
Honolulu, February 16,
1895. (Received March 2.)
No. 87.]
Sir: I have received the reply of Mr. Hatch to
my request for copies of the record in cases of citizens of the United
States tried and to be tried before the military commission. I inclose
copies of the correspondence on the subject.
The ex-Queen is still a prisoner. The sentence in her case has not yet
been made public or approved as far as known to me.
There are 15 persons in prison who claim to be citizens of our
Government. I have had several interviews with the authorities, but thus
far without satisfactory results. I hope during the coming week to be
able to report to you definitely upon this subject, and also as to the
forcible deportation of Cranstoun.
Martial law is still in force and the military trials continue. Up to
date about 100 persons have been tried. In addition to these, the
prisons are crowded with over 200 political prisoners, besides a hundred
or more confined for other offenses. All who bore arms and all prominent
“suspects” having been arrested a month ago, it is hoped that normal
conditions will soon be resumed; such a result is, I think, desired by
the Government.
With high esteem, I am, etc.,
[Inclosure 1 in No. 87.]
Mr. Willis to Mr.
Hatch.
Legation of the United States,
Honolulu, January 28, 1895.
Sir: I have the honor to request of your
Government copies of the record in the cases of the United States
citizens tried and to be tried before the military commission now in
session. I do this in order that before final sentence is pronounced
my Government may, after considering the questions of law and facts
therein involved, determine its duty in the premises.
[Page 833]
In submitting this request, permit me to convey to you my
congratulations upon the prompt reestablishment of the internal
peace of the country, and to express the friendly hope and belief
that by its magnanimity in triumph, by its wise and conservative
action upon the solemn problems yet pending, your Government,
uniting its people “in the spirit of unity and with the bond of
peace,” will still further enforce its claim to a high place among
the humane, stable, and civilized nations of the world.
Availing, etc.,
[Inclosure 2 in No. 87.]
Mr. Hatch to Mr.
Willis.
Department of Foreign Affairs,
Honolulu, February 9, 1895.
Sir: I have the honor to acknowledge the
receipt of your letter of the 28th ultimo, in which you request that
copies of the record in the cases of United States citizens tried
and to be tried before the military commission now in session, be
furnished you, in order that before final sentence is pronounced
your Government may, after considering the questions of law and
facts therein involved, determine its duty in the premises.
Copy of the record of the commission in cases against citizens of the
United States will be furnished to you when completed and when acted
upon by the President.
I have the honor to inquire of you (1) what persons among those named
in the inclosed list are churned by you to be citizens of the United
States and entitled to the protection of your Government, and (2)
upon what principle of international law or usage you desire that
your Government should have the opportunity to consider the
questions of law and facts involved, and to determine its duty in
the premises before final sentence is pronounced.
I beg to assure you that any representations which may be submitted
by you bearing on the guilt or innocence of any American who has
been convicted, or any appeal for executive clemency will be fully
weighed by the commander in chief. I am unable, however, to concede
any right of review in your Government, and am constrained to
withhold the assurance that there will be delay in pronouncing final
sentence until your Government may have determined its duty in the
premises.
I have, etc.,
[Inclosure 3 in No. 87.]
Mr. Willis to Mr.
Hatch.
Legation of the United States,
Honolulu, February 15, 1895.
Sir: I have the honor to acknowledge the
receipt of your letter of the 9th instant in reply to mine of the
28th ultimo.
Permit me to call your attention to the fact that my letter contained
no intimation of a right to review the decisions of your Government.
It bore the usual request from one Government to another for correct
[Page 834] official information
in matters involving the life, liberty, and property of the citizen.
I do not recall any instance where such a request was ever
refused.
The principles of international law and usage of which you make
inquiry, as understood by Hon. W. H. Seward, former United States
Secretary of State, are set forth in an official letter of October
27, 1866, addressed to Sir Frederick Bruce, then British minister at
Washington, referring to the cases of Robert B Lynch and John
McMahon who had been tried before the regular tribunals of justice
as actors in the assault at Fort Erie, Canada, the question of final
sentence being then pending before the home Government.
Mr. Seward says:
It can hardly he necessary to direct your attention to the
fact that the Government of the United States is required by
the highest considerations of national dignity, duty, and
honor to inquire into the legality, justice, and regularity
of the judicial proceedings which have thus taken place; and
that, after making such a careful scrutiny, we shall expect
to make known to Her Majesty’s Government such opinions as
the President, upon due consideration, shall adopt. With
this view the United States consul at Toronto is this day
instructed to procure, for the information of this
Department, a copy of the record of the trial and conviction
of Lynch and McMahon, and also of all further trials and
convictions of a similar character which shall take place in
Canada. I have now the honor to request you to take such
proceedings as you may think proper, to the end that such
applications of the consul shall be promptly granted.
It is to be noted that although Mr. Seward claimed as right that
which I have asked of your Government as a favor, it was promptly
conceded by the British Government.
With sentiments, etc.,
