No. 177.
Mr. Comly
to Mr. Frelinghuysen.
Legation of
the United States,
Honolulu, June 5, 1882.
(Received June 21.)
No. 223.]
Sir: I have the honor to transmit correspondence
with Peter Cush-man Jones, esq., an American merchant, planter, shipper, and
sugar factor residing at Honolulu, as to the present status of Americans who
have taken the oath of allegiance to Hawaiian kings (inclosures 1 and
2).
There are a number of verbal applications of the same sort.
The apprehension of wasteful legislation by the ignorant natives who now
control the politics of the country through the efforts of white and native
demagogues to stir up hatred against the more prosperous foreigner, has
moved some of the Americans, who, like Mr. Jones, are most largely
interested in business here, to seek such protection of the American
flag.
The status of these men becomes a matter of importance, and I respectfully
ask an instruction from the Secretary of State on this point.
I have, &c.,
[Inclosure 1 in No. 223.]
Mr. Jones to Mr.
Comly.
Sir: I am very desirous of placing myself under
the protection of the United States if it is possible for me to do
so.
In order that you may fully understand my case I beg to submit to you the
following facts: I am an American by birth, having been born in the city
of Boston, Mass., in the year 1837, where my ancestors for many
generations were born.
[Page 345]
In the year 1857 I came to these Islands and established myself in
business, marrying the daughter of Mr. E. 0. Hall, who was connected
with the American mission.
In the year 1864 I had an opportunity of purchasing a vessel under the
Hawaiian flag. I applied to the collector of customs, Mr. W. Goodale, to
see if I could arrange to have the vessel placed in the name of some
Hawaiian subject in order to avoid taking the oath of allegiance to the
Hawaiian Government, as was required by all owning vessels under that
flag. He replied that if any person made oath that he was owner of the
vessel he would be obliged to take such oath as being true. Not wishing
to ask any person to take a false oath I concluded to take the oath of
allegiance, after being assured that should I return to Boston I would
be entitled to all the rights and privileges of an American citizen
after a residence of six months in that city, and also after satisfying
myself that I was not called upon to forswear my allegiance to my native
country. I herewith submit a copy of the oath taken by me:
“The undersigned a native of the United States of America lately residing
in Honolulu, being duly sworn, upon his oath declares that he will
support the contitution and laws of the Hawauan Islands, and bear true
allegiance to His Majesty Kamehameha IV.”
Having become a citizen of Hawaii, and having property of my own, I felt
it my duty to vote and use my influence on all occasions for good
government, and I have always endeavored to do my duty in this respect.
But the majority of the voters here are irresponsible natives with
little or no property to protect, and I feel a want of security under
the present state of things, and am consequently very anxious to feel if
possible that I may be secure. I accordingly make this application to
you, assuring you of my willingness to renounce my allegiance to Hawaii,
and taking any oath, however strong, which will reinstate me as an
American citizen. I would add that I have never been a candidate for any
political office in the Hawaiian Government, the only object inducing me
to swear allegiance to Hawaii being for business purposes. Asking your
early consideration of this matter,
I have the honor, &c.,
[Inclosure 2 in No. 223.]
Mr. Comly to Mr.
Jones.
Legation of the United States,
Honolulu, June 3,
1882.
Sir: I have the honor to acknowledge the.
receipt of your note dated May 26th, handed to me last night.
The oath of allegiance which you have taken differs from the oath of
naturalization in the United States, in this, that it does not require
the person taking it to renounce in terms any other former allegiance,
while the oath of naturalization does require not only a general but a
specific renunciation—forever; first, of “all
allegiance and fidelity to any foreign prince, potentate, state, or
sovereignty”; and second, “and particularly” by a name, “to the prince,
potentate, state, or sovereignty of which the alien may be at the time a
citizen or subject.”
The question remains whether one does not impliedly renounce his old
allegiance in taking up a new one.
No one can be a citizen of two countries at once; neither can he lay down
and take up his allegiance at his own pleasure or interest.
Your application for rehabilitation, so far as this legation is
concerned, seems to me to involve only this one question—whether you are
a subject of the kingdom to which you have sworn allegiance, or remain a
citizen of the United States.
If you are now a citizen, you have been a citizen all along from the
beginning, and need no restoration. If you are not a citizen, I do not
know of any provision which may restore you to citizenship by six
months’ return residence in Boston. The naturalization laws point out
the only way, so far as I know, in which one, not a citizen, may become
a citizen of the United States.
A number of our countrymen who are in the same uncertain condition as
yourself with regard to their citizenship, and who, as well as yourself,
have large material interests vested here, and the same grave
apprehensions as to the outcome of certain threatened dangers, have
lately applied to me verbally, in terms similar to those of your note,
intending if possible to claim the protection of the American flag.
In order that this legation may be put in a position to give an
authoritative response in such cases, I shall take occasion to submit a
copy of your note to the honorable Secretary of State, and ask an
instruction covering your points of inquiry.
I have, &c.,
