Mr. Willis to Mr. Gresham.

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.,

Albert S. Willis.
[Page 847]
[Inclosure in No. 92.]

Mr. Willis to Mr. Hatch.

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.,

Albert S. Willis.
[Page 848]
[Inclosure 2 in No. 92.]

Mr. Hatch to Mr. Willis.

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.