Difference between revisions of "Template:1074-1075"

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1074 HAWAIIAN ISLANDS.
+
{{p|1074}}
−
instead of Queen Emma, because if she had been elected Queen her
+
 
−
influence would have been thrown in favor of England.
+
instead of Queen Emma, because if she had been elected  
−
Senator FRYE. Still, as a United States naval officer, you did not
+
Queen her influence
−
think you had any right to take sides in the light?
+
would have been thrown in favor of England.
−
Mr. BELKNAP. NO; none whatever.
+
 
−
Sdilator FRYE. But if it resulted in the retention of Kalakaua you
+
Senator FRYE:  Still, as a United States naval  
−
would congratulate the American people upon that fact?
+
officer, you did not think
−
Mr. BELKNAP. Yes.
+
you had any right to take sides in the fight?
−
Senator FRYE. Have you been in various other places where troops
+
 
−
were landed!
+
Mr. BELKNAP:  No, none whatever.
−
Mr. BELKNAP. Yes.
+
 
−
Senator I-'RYE. Were they ever landed on the order of the minister?
+
Senator FRYE:  But if it resulted in the retention of  
−
Mr. BELKNAP. NO. When I commanded the Asiatic squadron Mr.
+
Kalakaua you would
−
Swift said to me, "You would not obey my order to land troops?" I
+
congratulate the American people upon that fact?
−
said, "No; I could not do that; it is against the regulations—we are
+
 
−
ordered to maintain relations of the most cordial character with the
+
Mr. BELKNAP:  Yes.
−
ministers and consuls of the United States, and when they make
+
 
−
requests we are obliged to consider them in all their light and bearings
+
Senator FRYE:  Have you been in various other places  
−
and govern ourselves accordingly." We are responsible for our
+
where troops were
−
acts to the Secretary of the Navy alone. That is the principle on
+
landed?
−
which I acted in Honolulu.
+
 
−
Senator BUTLER. If you were to receive an order from the Secretary
+
Mr. BELKNAP:  Yes.
−
of the Navy to take an order from a minister would you obey him?
+
 
−
Mr. BELKNAP. The orders of the Secretary of the Navy are the
+
Senator FRYE:  Were they ever landed on the order of  
−
orders of the President of the United States.
+
the minister?
−
Senator SHERMAN. Does not the Secretary of the Navy always
+
 
−
speak in the name of the President of the United States?
+
Mr. BELKNAP:  No.   When I commanded the Asiatic  
−
Mr. P»ELKNAP. Yes.
+
squadron Mr. Swift said to
−
Senator FRYE. 1 read from Article xvmof the present Naval Regulations:
+
me, "You would not obey my order to land troops?" I  
−
"The officer in command of a ship of war is not authorized to delegate
+
said, "No; I could not
−
his power, except for the carrying out of the details of the general
+
do that; it is against the regulations---- we are ordered
−
duties to be performed by his authority. The command is his, and he
+
to maintain relations
−
can neither delegate the duties of it to another nor avoid its burdens,
+
of the most cordial character with the ministers and  
−
nor escape its responsibilities; and his 'aide or executive' in the exercise
+
consuls of the United
−
of the power given to him for 'executing the orders of the commanding
+
States, and when they make requests we are obliged to  
−
officer,' must keep himself constantly informed of the commander's
+
consider them in all
−
opinions and wishes thereon, and whenever, and as soon as
+
their light and bearings and govern ourselves  
−
he may be informed or is in doubt as to such opinion or wishes, he
+
accordingly."   We are
−
must remedy such defect by prompt and personal application, to the
+
responsible for our acts to the Secretary of the Navy  
−
end that the authority of the captain may be used only to carry out
+
alone. That is the
−
his own views, and that he may not be, by its unwarranted exercise,
+
principle on which I acted in Honolulu.
−
in any measure relieved from his official responsibilities, which can
+
 
−
neither be assumed by nor fall upon any other officer."
+
Senator BUTLER:  If you were to receive an order from  
−
Do you understand those to be the present regulations?
+
the Secretary of the
−
Mr. BELKNAP. Yes.
+
Navy to take an order from a minister would you obey  
−
Senator FRYE. Then—
+
him?
−
"He shall preserve, so far as possible, the most cordial relations
+
 
−
with the diplomatic and consular representatives of the United States
+
Mr. BELKNAP:  The orders of the Secretary of the Navy  
−
in foreign countries, and extend to them the honors, salutes, and other
+
are the orders of the
−
official courtesies to which they are entitled by these regulations.
+
President of the United States.
−
"He shall carefully and duly consider any request for service or
+
 
−
other communication from any such representative.
+
Senator SHERMAN:  Does not the Secretary of the Navy  
−
"Although due weight should be given to the opinions and advice
+
always speak in the
−
of such representatives, a commanding officer is solely and entirely
+
name of the President of the United States?
−
HAWAIIAN ISLANDS. 1075
+
 
−
responsible to his own immediate superior for all official acts in the
+
Mr. BELKNAP:  Yes.
−
administration of his command. * * *
+
 
−
" On occasions where injury to the United States or to citizens thereof
+
Senator FRYE:  I read from Article XVIII of the  
−
is committed or threatened, in violation of the principles of interna^
+
present Naval Regulations:
−
tional law or treaty rights, he shall consult with the diplomatic representative
+
"The officer in command of a ship of war is not  
−
or consul of the United States, and take such steps as the
+
authorized to delegate his
−
gravity of the case demands, reporting immediately to the Secretary
+
power, except for the carrying out of the details of  
−
of the Navy all the facts. The responsibility for any action taken by
+
the general duties to
−
a naval force, however, rests wholly upon the commanding officer
+
be performed by his authority. The command is his, and  
−
thereof."
+
he can neither
−
Now, suppose you wore in command of a ship in the harbor of Honolulu,
+
delegate the duties of it to another nor avoid its  
−
and. the Secretary of the Navy should send you an order to obey
+
burdens, nor escape its
−
the order of William P. Frye, then a resident in Honolulu and not in
+
responsibilities; and his 'aide or executive' in the  
−
the naval service, would you be obliged to obey any order of William
+
exercise of the power
−
P. Frye?
+
given to him for 'executing the orders of the  
−
Mr. BELKNAP. NO.
+
commanding officer,' must keep
−
Senator FRYE. Would not that order which had been sent to you to
+
himself constantly informed of the commander's  
−
obey William P. Frye be illegal?
+
opinions and wishes thereon,
−
Mr. BELKNAP. I think it would be.
+
and whenever, and as soon as he may be informed or is  
−
Senator FRYE. Suppose you were there with a ship, and a man by
+
in doubt as to such
−
the name of James II. Blount, whom you knew to be a commissioner
+
opinion or wishes, he must remedy such defect by  
−
appointed by the President of the United States to remain in those
+
prompt and personal
−
islands for certain purposes, should send you an order to land your
+
application, to the end that the authority of the  
−
troops for any purpose, would you, as a naval officer, feel under the
+
captain may be used only
−
slightest obligation to obey the order?
+
to carry out his own views, and that he may not be, by  
−
Mr BELKNAP. I would first demand his authority for issuing any
+
its unwarranted
−
order of that sort.
+
exercise, in any measure relieved from his official  
−
Senator FRYE. Suppose you should ask his authority, and he should
+
responsibilities, which
−
read this to you:
+
can neither be assumed by nor fall upon any other  
 +
officer."
 +
 
 +
Do you understand those to be the present  
 +
regulations?
 +
 
 +
Mr. BELKNAP:  Yes.
 +
 
 +
Senator FRYE:  Then?
 +
 
 +
"He shall preserve, so far as possible, the most  
 +
cordial relations with
 +
the diplomatic and consular representatives of the  
 +
United States in foreign
 +
countries, and extend to them the honors, salutes, and  
 +
other official
 +
courtesies to which they are entitled by these  
 +
regulations.
 +
 
 +
"He shall carefully and duly consider any request  
 +
for service or other
 +
communication from any such representative.
 +
 
 +
"Although due weight should be given to the  
 +
opinions and advice of such
 +
representatives, a commanding officer is solely and  
 +
entirely
 +
 
 +
{{p|1075}}
 +
 
 +
responsible to his own immediate superior for all  
 +
official acts in the
 +
administration of his command.
 +
 
 +
"On occasions where injury to the United States  
 +
or to citizens thereof
 +
is committed or threatened, in violation of the  
 +
principles of interna tional
 +
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."
 +
 
 +
Now, suppose you wore in command of a ship in the  
 +
harbor of Honolulu,
 +
and. the Secretary of the Navy should send you an  
 +
order to obey the order of
 +
William P. Frye, then a resident in Honolulu and not  
 +
in the naval service,
 +
would you be obliged to obey any order of William P.  
 +
Frye?
 +
 
 +
Mr. BELKNAP:  No.  
 +
 
 +
Senator FRYE:  Would not that order which had been  
 +
sent to you to obey
 +
William P. Frye be illegal?
 +
 
 +
Mr. BELKNAP:  I think it would be.
 +
 
 +
Senator FRYE:  Suppose you were there with a ship,  
 +
and a man by the name of
 +
James H. Blount, whom you knew to be a commissioner  
 +
appointed by the
 +
President of the United States to remain in those  
 +
islands for certain
 +
purposes, should send you an order to land your troops
 +
for any purpose,
 +
would you, as a naval officer, feel under the  
 +
slightest obligation to obey
 +
the order?  
 +
 
 +
Mr. BELKNAP:  I would first demand his authority for  
 +
issuing any order of
 +
that sort.  
 +
 
 +
Senator FRYE:  Suppose you should ask his authority,  
 +
and he should read
 +
this to you:  
 +
             
 
"DEPARTMENT OF STATE,
 
"DEPARTMENT OF STATE,
−
" Washington, March 11, 1893.
+
                 
−
"To enable you to fulfill this charge, your authority in all matters
+
'' "Washington, March 11, 1893.''
−
touching the relations of this Government to the existing or other government
+
 
−
of the islands and the protection of our citizens therein is paramount;
+
"To enable you to fulfill this charge, your  
−
in you alone, acting in cooperation with the commander of the
+
authority in all matters
−
naval forces, is vested full discretion and power to determine when such
+
touching the relations of this Government to the  
 +
existing or other
 +
government of the islands and the protection of our  
 +
citizens therein is
 +
paramount; 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."
 
forces should be landed or withdrawn."
−
Suppose you should receive such an order as that from the Secretary
+
 
−
of the Navy, would you feel bound to obey such order?
+
Suppose you should receive such an order as that  
−
Mr. BELKNAP. I should think that was in direct violation of the Regulations
+
from the Secretary of
−
of the U. S. Navy.
+
the Navy, would you feel bound to obey such order?
−
Senator PRYE. Then
+
 
 +
Mr. BELKNAP:  I should think that was in direct  
 +
violation of the
 +
Regulations of the U. S. Navy.
 +
 
 +
Senator FRYE:  Then----
 +
                 
 
"MARCH 11 1893.
 
"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
+
"SIR: This letter will be handed you by the Hon.  
−
of the Hawaiian Islands. You will consult freely with Mr.
+
James H. Blount,
−
Blount and will obey any instructions you may receive from him regarding
+
special commissioner by the President of the United  
−
the course to be pursued at said islands by the force under your
+
States to the Government
−
command. You will also aft'ord Mr. Blount all such facilities as he may
+
of the Hawaiian Islands. You will consult freely with  
−
desire for the use of your cipher code in communicating by telegraph
+
Mr. Blount and will
−
with this Government.
+
obey 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.
 +
                 
 
"HILARY A. HERBERT,
 
"HILARY A. HERBERT,
−
"Secretary of the Navy.
+
                 
 +
'' "Secretary of the Navy.''
 +
 
 
"Rear-Admiral J. S. SKERRETT,
 
"Rear-Admiral J. S. SKERRETT,
−
"Commander in Chief U. S. Naval Forces, etc"
+
 
 +
'' "Commander in Chief U. S. Naval Forces, etc." ''

Revision as of 13:49, 31 January 2006

-p1074-

instead of Queen Emma, because if she had been elected Queen her influence would have been thrown in favor of England.

Senator FRYE: Still, as a United States naval officer, you did not think you had any right to take sides in the fight?

Mr. BELKNAP: No, none whatever.

Senator FRYE: But if it resulted in the retention of Kalakaua you would congratulate the American people upon that fact?

Mr. BELKNAP: Yes.

Senator FRYE: Have you been in various other places where troops were landed?

Mr. BELKNAP: Yes.

Senator FRYE: Were they ever landed on the order of the minister?

Mr. BELKNAP: No. When I commanded the Asiatic squadron Mr. Swift said to me, "You would not obey my order to land troops?" I said, "No; I could not do that; it is against the regulations---- we are ordered to maintain relations of the most cordial character with the ministers and consuls of the United States, and when they make requests we are obliged to consider them in all their light and bearings and govern ourselves accordingly." We are responsible for our acts to the Secretary of the Navy alone. That is the principle on which I acted in Honolulu.

Senator BUTLER: If you were to receive an order from the Secretary of the Navy to take an order from a minister would you obey him?

Mr. BELKNAP: The orders of the Secretary of the Navy are the orders of the President of the United States.

Senator SHERMAN: Does not the Secretary of the Navy always speak in the name of the President of the United States?

Mr. BELKNAP: Yes.

Senator FRYE: I read from Article XVIII of the present Naval Regulations: "The officer in command of a ship of war is not authorized to delegate his power, except for the carrying out of the details of the general duties to be performed by his authority. The command is his, and he can neither delegate the duties of it to another nor avoid its burdens, nor escape its responsibilities; and his 'aide or executive' in the exercise of the power given to him for 'executing the orders of the commanding officer,' must keep himself constantly informed of the commander's opinions and wishes thereon, and whenever, and as soon as he may be informed or is in doubt as to such opinion or wishes, he must remedy such defect by prompt and personal application, to the end that the authority of the captain may be used only to carry out his own views, and that he may not be, by its unwarranted exercise, in any measure relieved from his official responsibilities, which can neither be assumed by nor fall upon any other officer."

Do you understand those to be the present regulations?

Mr. BELKNAP: Yes.

Senator FRYE: Then?

"He shall preserve, so far as possible, the most cordial relations with the diplomatic and consular representatives of the United States in foreign countries, and extend to them the honors, salutes, and other official courtesies to which they are entitled by these regulations.

"He shall carefully and duly consider any request for service or other communication from any such representative.

"Although due weight should be given to the opinions and advice of such representatives, a commanding officer is solely and entirely

-p1075-

responsible to his own immediate superior for all official acts in the administration of his command.

"On occasions where injury to the United States or to citizens thereof is committed or threatened, in violation of the principles of interna tional 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."

Now, suppose you wore in command of a ship in the harbor of Honolulu, and. the Secretary of the Navy should send you an order to obey the order of William P. Frye, then a resident in Honolulu and not in the naval service, would you be obliged to obey any order of William P. Frye?

Mr. BELKNAP: No.

Senator FRYE: Would not that order which had been sent to you to obey William P. Frye be illegal?

Mr. BELKNAP: I think it would be.

Senator FRYE: Suppose you were there with a ship, and a man by the name of James H. Blount, whom you knew to be a commissioner appointed by the President of the United States to remain in those islands for certain purposes, should send you an order to land your troops for any purpose, would you, as a naval officer, feel under the slightest obligation to obey the order?

Mr. BELKNAP: I would first demand his authority for issuing any order of that sort.

Senator FRYE: Suppose you should ask his authority, and he should read this to you:

"DEPARTMENT OF STATE,

"Washington, March 11, 1893.

"To enable you to fulfill this charge, your authority in all matters touching the relations of this Government to the existing or other government of the islands and the protection of our citizens therein is paramount; 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."

Suppose you should receive such an order as that from the Secretary of the Navy, would you feel bound to obey such order?

Mr. BELKNAP: I should think that was in direct violation of the Regulations of the U. S. Navy.

Senator FRYE: Then----

"MARCH 11 1893.

"SIR: 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 obey 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.

"HILARY A. HERBERT,

"Secretary of the Navy.

"Rear-Admiral J. S. SKERRETT,

"Commander in Chief U. S. Naval Forces, etc."

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