Mr. Willis to Mr.
Gresham.
Legation of the United States,
Honolulu
,
March 5, 1895
.
(Received March 20.)
No. 92.]
Sir: Referring to my No. 86, of February the
23d, ultimo, in regard to the forcible deportation of Mr. J. Cranstoun,
who claimed the protection of our Government, I have the honor to
transmit herewith correspondence on the subject to this date.
It appears upon investigation that Mr. Cranstoun, while declaring his
intention so long ago and living so many years in the United States,
never became a citizen thereof. As, however, he appears to have come to
this country on a temporary venture, I have thought he might be
regarded, under section 133 of our consular regulations, as a
domiciliated stranger, and hence have considered it my duty to present
to your attention the questions in his case, including that of his right
to claim protection.
With assurances, etc.,
[Page 847]
[Inclosure in No. 92.]
Mr. Willis to Mr.
Hatch.
Legation of the United States,
Honolulu Hawaiian
Islands
,
February 21,
1895.
Sir: I desire to call the attention of your
Government to the case of J. Cranstoun, who as an American citizen
has appealed to my Government for its protection.
Mr. Cranstoun, as I am informed, was a member of the Deadwood, S.
Dak., bar, and came to Honolulu about eight months ago, locating on
Beretarria street, where he conducted a feed store. He was arrested
about six weeks ago, and was forcibly deported on the steamer Warrimoo, February 2, 1895. At his request I
visited him several times in jail. He always and most earnestly
insisted upon his innocence.
On the 2d instant he and two other prisoners were carried under a
heavy guard to the steamer Warrimoo. As the
carriage was on its way to the steamer one of the prisoners
succeeded in attracting the attention of Mr. Hawes, the British
commissioner, who stopped the sailing of the steamer until I had an
opportunity of consulting with the prisoner.
His sworn statement, dated February 2, 1895, on board the Warrimoo, is as follows:
I was taken from my cell this morning and was informed by
Attorney-General Smith that I would have to leave the
country on the steamer in an hour. I said I would not go.
Mr. Smith answered, “You have nothing to say about it.” I
demanded to see Mr. Willis. Mr. Hitchcock, the marshal,
said: “You can not see him, and must go whether you like it
or not.” I said, “I won’t go except by force.” This occurred
in the station house. Mr. Smith said: “If you want to leave
a power of attorney you can do so.” I refused to do this. I
said I had my business here and my clothes and other
effects. They called an officer. Mr. Hitchcock said: “G d——
you; you —— will have to go.” He then said: “Sit down.” I
said I would sit down when I got ready. He then said: “G——d
—— you, sit down.” Some policeman then pushed me into a
seat. I resisted to the end. I am absolutely innocent of any
participation in or knowledge of this insurrection, and I
want a trial. If I had not happened to have had the luck to
see the British commissioner while on my way to the steamer,
I would have been sent off without any one being the wiser
for it. No charge was ever brought against me—not one word
of charge was ever brought against me—verbally or
otherwise.
I asked him if he fully realized the possible effect of his being
allowed to stay here and stand trial. He answered that he fully
understood all that it involved, and was anxious to stay. He was, he
said, conscious of innocence and did not fear the result of a
trial.
After hearing this statement I inquired of the attorney-general, who
was on the dock at the time, by what authority this forcible
deportation was made. His reply was: “We rest it upon the arbitrary
power of martial law.” I thereupon entered my protest in the name of
my Government against the proceeding, and this protest I now renew
to your Government.
Believing it my duty to make a proper representation to my Government
of the foregoing facts, I submit them now to your attention. If it
is the desire of your Government to make any statement in connection
therewith, it will give me pleasure to forward it.
With assurances, etc.,
[Page 848]
[Inclosure 2 in No. 92.]
Mr. Hatch to Mr.
Willis.
Department of Foreign Affairs,
Honolulu, Hawaiian
Islands
,
February 23,
1895
.
Sir: I have the honor to acknowledge on the
23d the receipt of your letter dated the 21st instant, relative to
the case of one J. Cranstoun, who appealed to you as an American
citizen, informing me that you consider it your duty to make a
proper representation of the facts to your Government, and that it
would give you pleasure to forward at the same time any statement
that this Government might desire to make in connection
therewith.
I beg to thank you for the courtesy extended. I will not, however,
avail myself of the opportunity further than to point out that
Cranstoun is of British birth, and I should be glad to have the
question of nationality disposed of before further discussing this
case.
I do not wish to be taken as having conceded the accuracy of
Cranstones statement in any respect.
I have, etc.,
Francis M. Hatch,
Minister for Foreign Affairs.
