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796 HAWAIIAN ISLANDS.
responsible to his own immediate superior for all official acts in the
administration of his command."
On page 67, article 284:
"On occasions where injury to the United States or to citizens thereof
is committed or threatened, in violation of the principles of international
law or treaty rights, he shall consult with the diplomatic representative
or consul of the United States, and take such steps as the
gravity of the case demands, reporting immediately to the Secretary
of the Navy all the facts. The responsibility for any action taken by a
naval force, however, rests wholly upon the commanding officer thereof."
On same page, article 285:
" The use of force against a foreign and friendly state, or against any
one within the territories thereof, is illegal. The right of self-preservation,
however, is a right which belongs to states as well as to individuals,
and in the case of states it includes the protection of the state,
its honor, and its possessions, and the lives and property of its citizens
against arbitrary violence, actual or impending, whereby the state or
its citizens may suffer irreparable injury. The conditions calling for
the application of the right of self-preservation can not be denned beforehand,
but must be left to the sound judgment of responsible officers,
who are to perform their duties in this respect with all possible care
and forbearance. In no case shall force be exercised in time of peace
otherwise than as an application of the right of self-preservation as
above defined. It can never be exercised with a view to inflicting
punishment for acts already committed. It must be used only as a
last resort, and then only to the extent which is absolutely necessary
to accomplish the end required."
Now, I wish to give in the Consular Eegulations of 1888:
u Consular regulations prescribed for the use of the consular service
of the United States."
Page following title page:
"EXECUTIVE MANSION,
" Washington, B. 0., February 3,1888.
" In accordance with the provisions of law,, the following revised
regulations and instructions * * * are hereby prescribed for the
information and government of the consular officers of the United
States.
"GROVER CLEVELAND."
"DEPARTMENT OP STATE,
" Washington, February 3, 1888.
"I transmit herewith for your information and government the
accompanying revised regulations and instructions which have been
prescribed by the President. They are intended to supersede those
which have been heretofore issued by this Department, and are to be
carefully observed in all respects.
" I am, sir, your obedient servant,
"T. P. BAYARD.
" To the several consular officers of the United States."
"Article 7, clause 96, page 33. They are also reminded that the Navy
is an independent branch of the service, not subject to the orders of
this Department, and that its officers have fixed'duties prescribed for
them; they will therefore be careful to ask for the presence of a naval
force at their port only when public exigency absolutely requires it,
HAWAIIAN ISLANDS. 797
and will then give the officers in command in full the reasons for the
request, and leave with them the responsibility for action."
Now, I wish to give in an instruction from Secretary Gresham to Mr.
Blount, taken from Executive Document 48, page 2:
" DEPARTMENT OF STATE,
" Washington, March 11, 1893.
"To enable you to fulfill this charge your authority in all matters
touching'the relations to this Government to the existing or other government
of the islands and the protection of our citizens therein is
paramount and in you alone, acting in cooperation with the commander
of the naval forces is vested full discretion and power to determine
when such forces should be landed or withdrawn."
Then, in Executive Document No. 48, page 455:
"MARCH 11,1893.
" S I R : This letter will be handed you by the Hon. James H. Blount,
Special Commissioner by the President of the United States to the
Government of the Hawaiian Islands. You will consult freely with
Mr. Blount and will receive any instructions you may receive from him
regarding the course to be pursued at said islands by the force under
your command. You will also afford Mr. Blount all such facilities as
he may desire for the use of your cipher code in communicating by telegraph
with this Government.
"Respectfully,
" HILARY A. HERBERT,
" Secretary of the Navy.
"Rear-Admiral J. S. SEFIRRETT,
" Commander in Chief U. S. Naval Forces, etc.n
Then, Document 47, page 6:
"HONOLULU, March 31, 1893.
" S I R : You are directed to haul down the United States ensign from
the Government building, and to embark the troops now on shore to
the ship to which they belong. This will be executed at 11 o'clock on
the 1st day of April.
" I am, sir, your obedient servant,
"JAMES H. BLOUNT,
" Special Commissioner of the United States.
"Pear-Admiral J. S. SKERRETT,
" Commanding Pacific Squadron."
Now, on page 487 of Executive Document 48:
"UNITED STATES LEGATION,
" Honolulu, Hawaiian Islands, January 16, 1893.
" S I R : In view of the existing critical circumstances in Honolulu,
indicating an inadequate legal force, I request you to land marines and
sailors from the ship under your command, for the protection of the
United States legation and the United States consulate, and to secure
the safety of American life and property.
" Yours, truly,
" J O H N L. SIEVENS,
" Envoy Extraordinary, etc., of the United States.
"To Capt. C. C. WILTSE."