Mr. Olney to Mr. Willis.

No. 99.]

Sir: Referring to my instruction, No. 98, of even date, in the case of James Dureell, I have to enjoin upon you the duty of satisfying yourself [Page 861] that this person had not taken the oath of allegiance to the Hawaiian Government prior to his arrest, and that the statements of his affidavit as to his arrest and imprisonment are true. His arrival in Honolulu subsequent to the proclamation of the present Government and to the last elections held there, and the brevity of his stay, exclude any unfavorable presumption that he may have, by some voluntary act, renounced bis right to protection as an American citizen; and, in the light of his positive declarations that by no act of omission or commission he has impaired his status as a citizen of the United States or violated any obligation to the Republic of Hawaii, his case seems to be especially meritorious.

When you shall have become satisfied upon the points above indicated, you will present the case to the Hawaiian authorities as instructed.

I am, etc.,

Richard Olney.