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Mr. Jewell. Oh, yes; a fleet could be protected in the harbor.
The Chairman. There is no land barrier between the city of Honolulu and the sea, the ocean?
Mr. Jewell. No, nothing except this coral reef, which is uncovered at low water.
The Chairman. Barely covered?
Mr. Jewell. Yes. You could walk over it some distance at low water.
The Chairman. Water batteries could be established on those coral reefs for the protection of the harbor?
Mr. Jewell. Well, I do not know about that. I should mistrust those coral reefs as a foundation, but they might be sufficiently strong.
The Chairman. If sufficiently good as a foundation, they are sufficiently high out of the water to form good water batteries ?
Mr. Jewell. Yes.
The Chairman. There is nothing to impede the fighting ship inside the harbor or those steamships outside the harbor that you would maneuver with?
Mr. Jewell. Nothing, except the contracted space within the harbor. There would be no space within the harbor for maneuvering vessels. But vessels could lie in the harbor, and by means of lines could be fought in almost any direction.
The Chairman. So that a vessel lying in Honolulu harbor would not be absolutely without power against ships outside?
Mr. Jewell. No; it is entirely open.
The Chairman. It is entirely open?
Mr. Jewell. Oh, yes.
Senator Frye. Mr. Chairman, for the convenience of the committee, I desire to put in the record certain naval regulations, and certain orders which I find scattered through these Executive documents in a very hopeless confusion; so much so, that it is almost impossible to find anything in there. I give in first an extract from every naval officer's commission which has been signed by the President. It is in these words:
- "And he is to observe and follow such orders and directions, from time to time, as he shall receive from me, or the future President of the United States of America, or his superior officer set over him, according to the rules and discipline of the Navy."
I have a copy of the rules, and it is very difficult to get hold of the book. These are the rules and regulations of 1893. I read from the title page:
- "The orders, regulations, and instructions issued by the Secretary of the Navy, prior to July 14, 1862, as he may since have adopted, with the approval of the President, shall be recognized as the regulations of the Navy, subject to alterations adopted in the same manner. Section 1547, Revised Statutes."
On the opposite page is the following:
- "Navy Department,
- "Washington, D. C., February 25, 1893.
- "In accordance with the provisions of section 1547 of the Revised Statutes of the United States, the following regulations are established, with the approval of the President, for the government of all persons attached to the naval service. All regulations, orders, and circulars inconsistent therewith are hereby revoked.
- "B. F. Tracy,
- "Secretary of the Navy."
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On page 9 is the following:
"ARTICLE 18.
- "1 . Officers of the line only can exercise military command,
- "2. Only officers on duty pay can exercise, or are subject to command, except as provided for in article 211.
- "3 . On all occasions where two or more ships' expeditions or detachments of officers or men meet, the command of the whole devolves upon the senior line officer.
- "4. At all times and places not specifically provided for in these Regulations, where the exercise of military authority for the purpose of cooperation or otherwise is necessary, of which the responsible officer must be the judge, the senior line officer on the spot shall assume command and direct the movements and efforts of all persons in the Navy present.
- "5. The senior line officer shall be held accountable for the exercise of his authority, and must not divert any officer from a duty confided to him by a common superior, or deprive him of his command or duty without good and sufficient reason."
On page 13 I read article 31:
- "Officers of the Navy shall perform such duty as may be assigned to them by the Navy Department."
On page 15, article 48:
- "Officers can not assume command of Army forces on shore, nor can any officer of the Army assume command of any ship of the Navy or of its officers or men unless by special authority for a particular service; but when officers are on duty with the Army they shall be entitled to the precedence of the rank in the Army to which their own corresponds, except command as aforesaid, and this precedence will regulate their right to quarters."
On page 20, section 5 of Article 54 is as follows:
- "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 'aid 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."
Page 66, Article 280, is in these words:
- "1. 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.
- "2. He shall carefully and duly consider any request for service or other communication from any such representative.
- "3. Although due weight should be given to the opinions and advice of such representatives, a commanding officer is solely and entirely
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- 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 defined 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 Regulations of 1888:
- "Consular regulations prescribed for the use of the consular service of the United States."
Page following title page:
- "Excecutive Mansion,
- "Washington, D. C., 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 of 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. F. 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,
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- 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.
- "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 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. Skerrett,
- "Commander in Chief U. S. Naval Forces, etc."
Then, Document 47, page 6:
- "Honolulu, March 31, 1893.
- "Sir: 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.
- "Rear-Admiral J. S. Skerrett,
- "Commanding Pacific Squadron."
Now, on page 487 of Executive Document 48:
- "United States Legation,
- "Honolulu, Hawaiian Islands, January 16, 1893.
- "Sir: 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,
- "John L. Stevens,
- "Envoy Extraordinary, etc., of the United States.
- "To Capt. C. C. Wiltse."
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Then, page 487 of Executive Document 48:
- "Sir: You will take command of the battalion and land in Honolulu
for the purpose of protecting our legation, consulate, and the lives and property of American citizens, and to assist in preserving public order. Great prudence must be exercised by both officers and men, and no action taken that is not fully warranted by the condition of affairs, and by the conduct of those who may be inimical to the treaty rights of American citizens. You will inform me at the earliest practicable moment of any changes in the situation.
- "Very respectfully,
- "G. C. Wiltse,
- "Captain U. S. Navy, commanding U. S. S. Boston.
- "Lieut-Commander W. T. Swinburne,
- "Executive officer, U. S. S. Boston."
The affidavits I have are as follows:
STATEMENT OF A. F. JUDD, CHIEF JUSTICE OF THE SUPREME COURT OF THE HAWAIIAN ISLANDS.
A short sketch of my life and antecedents may, perhaps, give more credence to what I may say. I was born in Honolulu on the 7th of January, 1838. My father, Dr. Gerrit P. Judd, came with my mother to these islands in 1828. My father was physician to the American mission that had been established here eight years before his arrival here. His profession necessarily brought him into close and confidential relations with the Regent, Kaahumanu, the young King, Kamehameha III, and the high chiefs, who were then a large and influential class. At their earnest request, my father left the mission in 1843 and took office under Kamehameha III, first as interpreter and as a member of the treasury board, and later as minister, which office he held till 1853. We lived for three years on the palace grounds, and for many years I, with the rest of my brothers and sisters, were in intimate companionship in school and out of it with the young chiefs.
I attended the first royal school for a while in which were the sons of Kinau, who became Kamehamehas IV and V, their sister, Victoria Kamamalu, who was Kuhina Nui under her brother, Kamehama IV. At the same school were Queen Emma, Mrs. Bernice Bishop, David Kalakaua, his brother, James Keliokalani, and Liliuokalani, whose name at that time was Lydia Kamakaeha Paki. Several of these went later with me to the second royal school, under Dr. Beckwith. I learned to speak Hawaiian, and have lived continuously in these islands to the present time, with the exception of four years spent in the United States at Yale College, where I graduated in 1862, and at Harvard, where I studied law, returning to these islands in 1864. I have also made several visits to the United States and one to Europe.
My father's record in doing as much as anyone towards the creation of the Hawaiian Government and preserving its independence against the efforts of Great Britain and France are matters of public history. From my association with the Hawaiian people, my frequent visits to all parts of the group, I consider myself well acquainted with the Hawaiians, and admire and love such good qualities as they do possess. I have not spared myself in efforts to enlighten them, having carried on for years temperance and religious work among them. I
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was secretary to the constitutional convention of 1864, and witnessed the debates of that body which led to Kamehameha V abrogating the liberal constitution of 1852 and promulgating that of 1864. In 1868 I was elected a member of the Legislature without visiting the district that returned me, and I was again elected in 1872, this time from Honolulu. Kamehameha V having died after the Legislature closed, at a special session I voted for Lunalilo in 1873 (January 7), and was appointed his attorney-general, which office I held until Lunalilo died.
The election of a King again coming to the Legislature in February, 1874, I voted for Kalakaua as the best available candidate. He was unpopular with the natives, and if the members of Lunalilo's cabinet, Messrs. C. R. Bishop, E. O. Hall, R. Sterling, and myself, had thrown our influence, with other prominent whites, in favor of Queen Emma, who was the people's favorite, she would have been chosen in spite of Kalakaua's efforts and bribery. But we felt that the influences surrounding Queen Emma were such that English sentiment and ideas would control. We were threatened with a state church, and feared that all the court atmosphere would be adverse to the cultivation of closer commercial and political relations with the United States, which, owing to our geographical position and growing commerce and the character of our white population, were essential to our progress and prosperity. Kalakaua was elected, and a riot occurred, in which the court-house where the election was held was sacked, native members of the Legislature were attacked and beaten, and the town was at the mercy of the mob.
Owing to the timely assistance of troops from the two United States ships then in port and also from the British vessel the riot was quelled. Kalakaua took the oath of office, stating at the time (which I interpreted) that he had intended to promulgate a new constitution, but the riot had prevented it. The Government went on. I was appointed second associate justice of the supreme court February 18, 1874, promoted to first associate 1, 1877, and on the return of Kalakaua from his tour of the world was by him appointed chief justice November 5, 1881, which office I now hold. Having my chambers in the Government building I have been familiar with the political changes that have taken place during the past twenty years, have known all the twenty-six cabinets during Kalakau's reign, and have been kept informed of all important matters of state.
Our law reports and our published opinions will show nothing that would indicate on the part of the supreme court any aversion to a monarchical form of government for these islands. We maintained the personal veto of the sovereign as a constitutional right against much public pressure and under like circumstances of pressure declared in favor of the Queen Liliuokalani's right to appoint her own cabinet on her accession. It was my wish and hope that the autonomy of this archipelago should be preserved for many years to come. That we would lose it eventually was a belief shared by all—English, Americans and Hawaiians—owing to the fading of the native race and the want of material to make kings and queens of.
The justices of the Supreme Court were kept in ignorance of the league which resulted in obtaining from Kalakaua the constitution of 1887. Just before its promulgation Justice Preston and myself were invited to assist in its revision, which we consented to do under a written protest that we did not approve of the method of its promulgation as being unconstitutional. I think that both the coup d'etat of Kamehameha V and the revolution of 1887, though both were accomplished
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