money for his passage and, acting on my suggestion, he demanded of the officer that he pay his passage. This the officer was not prepared to do, and Mr. Loewi was disembarked. The minister of the interior at once came to me, and informing me of the fact, declared that he could not be permitted to go at large, and that he was then in arrest at the postoffice. Whereupon, seeing no other course open to me, I suggested that he be permitted to come to the legation to remain "until the Government had another opportunity to ship him directly to the United States." This was done, Mr. Loewi coming in charge of a small escort, and his belongings being sent hither by the minister of the interior. Yesterday I saw the foreign secretary who informed me that "if, after the death of the President, Mr. Loewi had ceased his propaganda against the Government the matter would probably have been passed by," and intimated that the expulsion might not be insisted on by the reorganized cabinet. Under all the circumstances, however, I concluded not to respond to this suggestion and informed the secretary that the Artus steamer would leave this port to-morrow and proceed "directly to New York." Whereupon the secretary informed me that the money for his passage would be sent to my legation and, informing him that a first-class ticket would cost $60 in gold, we closed this stage of the matter. The passage money has been sent to the deputy consul who will procure Mr. Loewi's ticket and accompany him on board. You will observe that heretofore persons expelled have been in accordance with the terms embarked on the first vessel bound for a foreign port, and that I had strenuously objected to embarking an American citizen except on a vessel going to an American port. Mr. Loewi has declared his intention of placing the matter before the Department, and I dare say will do so at an early day. SIR: I have received your No. 197, of the 9th instant, in regard to the expulsion of Mr. Loewi, a citizen of the United States, from Haiti. Your insistence that the Government of Haiti in deporting Mr. Loewi should send him to a convenient port of the United States and pay his passage thither is approved. The circumstances narrated by you under which Mr. Loewi was temporarily accommodated at your residence pending the sailing of a steamer bound for New York are appreciated and your course in so doing was excusable. It is assumed, however, that you took upon yourself no responsibility for his safe-keeping in the interval. It is not the function of the legation to act in any way for the local government in carrying out an arbitrary edict of banishment against a citizen of the United States. That is necessarily an act of force in the assertion of a claimed sovereign prerogative and is to be effected by the sovereign power. In this view of the principle involved it is regretted that you intervened so far as to receive from the Haitian Government the price of Mr. Loewi's passage and to buy his ticket and put him on the steamer; unless in so doing you were careful to make it clear to the Haitian foreign minister that your only purpose was to assure yourself that he had in fact departed under actual duress applied by the Haitian authorities. RICHARD OLNEY. I am, etc., -25 No. 204, Dip. Ser.] Mr. Smythe to Mr. Olney. LEGATION OF THE UNITED STATES, Port au Prince, April 30, 1896. (Received May 14.) SIR: Your dispatch, No. 147, in regard to my report of the circumstances attending the expulsion of Mr. Loewi, an American citizen, is received. Department's assumption that I "took upon myself no responsibility for his safe-keeping" while my guest is entirely correct. In fact, I anticipated the Department's views in that, and also as to receiving the money and securing the passage, only tendering the service of my clerk out of courtesy to the foreign secretary, for whom and not for me, he acted. I am, etc., HENRY M. SMYTHE. No. 169.] Mr. Olney to Mr. Smythe. DEPARTMENT OF STATE, SIR: Adverting to your No. 191, of March 2 last, and to your No. 204, of April 30, 1896, relative to the expulsion of Hugo O. Loewi from Haiti, I have to say that the promise of the minister for foreign affairs, made in your No. 191, to furnish you with a statement in writing giving the reasons for Mr. Loewi's expulsion, has never been fulfilled. You are accordingly instructed to request that the promised statement be promptly furnished you for submission to your Government. I am, etc., RICHARD OLNEY. No. 162.] HAWAII. NATURALIZATION OF ALIENS. Mr. Mills to Mr. Olney. LEGATION OF THE UNITED STATES, Honolulu, June 22, 1896. (Received July 8.) SIR: I transmit copy of act No. 77, "to prescribe the procedure in proceedings for naturalization of aliens." I am, etc., ELLIS MILLS, Chargé d'Affaires ad interim. [Inclosure in No. 162.] ACT 77. AN ACT to prescribe the procedure in proceedings for naturalization of aliens. Be it enacted by the Legislature of the Republic of Hawaii: SECTION 1. An alien may be admitted to become a citizen of the Republic of Hawaii in the following manner, and not otherwise: He shall file a petition in writing, verified by oath, with a justice of the supreme court. SEC. 2. He must set forth in his petition: (1) That he has resided in the Hawaiian Islands for not less than two years. (2) That he intends to become a permanent citizen of the Republic of Hawaii. (3) That he is able understandingly to read, write, and speak the English language. (4) That he is able intelligently to explain, in his own words, in the English language, the general meaning and intent of any article or articles of the constitution of the Republic of Hawaii. (5) That he is a citizen or subject of a country having express treaty stipulations with the Republic of Hawaii concerning naturalization (stating the same). (6) That he is of good moral character and not a refugee from justice. (7) That he is engaged in some lawful business or employment (stating the same) or has some other lawful means of support (stating the same). (8) That he is the owner, in his own right, of property in the Republic of Hawaii, of the value of not less than two hundred dollars over and above all incumbrances. (9) That he has taken the oath prescribed in article 101 of the constitution of the Republic of Hawaii. SEC. 3. The petition shall set forth the petitioner's name in full, his age, place of birth, and the date of his coming into the Hawaiian Islands. SEC. 4. The petitioner shall at or before the time of his application to be admitted to citizenship declare upon oath, and subscribe to the same, that he renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty and particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject, whether by birth, naturalization or otherwise, and that he will bear true allegiance to the Republic of Hawaii. Such oath may be administered by any person authorized to administer oaths. SEC. 5. The petitioner shall be required to prove all the allegations of his petition to the satisfaction of the justice hearing his application, and said justice is hereby authorized to examine the petitioner upon oath and to summon and examine such witnesses as he may deem essential as to the possession by the petitioner of the qualifications set forth in his petition. SEC. 6. Upon compliance with all the requirements of this act, the petitioner shall be entitled to receive a certificate of naturalization in such form as may be prescribed by the justices of the supreme court, under the hand of the justice hearing the petition, impressed with the seal of the supreme court and attested by a clerk thereof. SEC. 7. The petition, the oath prescribed by section 4 of this act, a copy of the certificate of naturalization, and a concise statement of the evidence adduced shall be preserved among the records of the supreme court. SEC. 8. Every petition of an alien to be naturalized shall be stamped as are ordinary petitions to the circuit courts, and a fee of five dollars shall be charged as costs of the proceedings. SEC. 9. If the petitioner shall have received from the minister of the interior a certificate of service, as authorized and set forth in section 2 of article 17 of the constitution of the Republic of Hawaii, he shall not be required to allege in his petition his possession of the qualifications set forth in section 2 of this act, but he shall allege in his petition the receipt of such certificate and shall exhibit the same, or, in case of loss, a certified copy of the same, to the justice hearing his application. In all other respects his petition shall comply with the provisions of this act. Approved this 15th day of June, A. D. 1896. SANFORD B. DOLE, President of the Republic of Hawaii. Mr. Olney to Mr. Mills. No. 140.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 162, of the 22d ultimo, inclosing copies of certain acts passed by the Legislature and approved by the President of Hawaii. One of these is entitled "An act to prescribe the procedure in proceedings for naturalization of aliens," approved June 15, 1896. One of the recited conditions of this law is that an alien must set forth in his petition "that he is a citizen or subject of a country having express treaty stipulations with the Republic of Hawaii concerning naturalization (stating the same)." The effect of this would seem to bar, henceforth, the naturalization of citizens of the United States in Hawaii, since we have no treaty of naturalization with that country. I am, etc., RICHARD Olney. No. 170 B.] PARDON TO EX-QUEEN LILIUOKALANI. Mr. Willis to Mr. Olney. LEGATION OF THE UNITED STATES, Honolulu, October 29, 1896. (Received Nov. 11.) SIR: I have the honor to inform you that this Government has just granted full pardon to ex-Queen Liliuokalani, which relieves her from the payment of the fine of $5,000 imposed by the military court, and restores her to all the rights of Hawaiian citizenship. With sentiments of high esteem, etc., ALBERT S. WILLIS. HONDURAS. POLITICAL UNION OF HONDURAS, NICARAGUA, AND SALVADOR.1 No. 9.] Mr. Coxe to Mr. Olney. [Extracts.] LEGATION OF THE UNITED STATES, GUATEMALA AND HONDURAS, Guatemala, October 15, 1896. (Received Oct. 28.) SIR: I have the honor to confirm my cable sent you on last Tuesday, the 13th instant, at 9.30 a. m., as follows: Honduras ministry of foreign affairs has been abolished and all business referred to Diet at San Salvador under the treaty forwarded to the Department of State July 30, 1895. I have received official notification ratification of treaty. Would like instructions. On last Friday, the 9th instant, after the mail to the United States had closed, I received a letter signed "E. Mendoza," and addressed to me as "United States minister to Honduras" (copy and translation are herewith, marked 1), inclosing a paper stated to be a copy of a so-called treaty of union between the Republics of Honduras, Salvador, and Nicaragua (copy and translation herewith, marked 2). Mr. Pringle informs me that a copy of this treaty, when negotiated by the plenipotentiaries but still unratified, was sent to the Department in Mr. Pringle's No. 199, of July 30, 1895, hence my reference to this date in my cable for the purpose of identifying the treaty I referred to. For reasons above and below stated I desired to have advices from our own consul at Tegucigalpa on the fact of the suppression of the ministry of foreign affairs and reference of diplomatic business to San Salvador and accordingly, on being informed of the circumstance on last Friday, I telegraphed Mr. Little for information. Owing to delay in transmission I did not receive his reply till Monday night. It confirmed the information I had, as above set forth. I thereupon, on Tuesday morning, sent the cable hereinabove confirmed. I have as yet no reply. There are two points in the inclosed treaty to which I take the liberty of calling your particular attention: (1) That by Article I the sovereignty proposed to be exercised is stated to be "temporary;" and (2) that by Article VI this sovereignty is proposed to be exercised not originally, but by delegation. I have, etc., MACGRANE COXE. See also under "Greater Republic of Central America" and "Nicaragua.” |