796-797

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Reports of Committee on Foreign Relations 1789-1901 Volume 6 pp796-797 300dpi scan (VERY LARGE!)

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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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