Mr. Olney to Mr.
Willis.
Department of State,
Washington
,
June 12,
1895
.
No. 98.]
Sir: The Department’s instruction to you, No.
83, of the 14th ultimo, briefly reviewed certain complaints presented by
persons claiming American citizenship and alleging wrongful treatment by
the Hawaiian Government during and following the recent disturbances at
Honolulu.
As to certain of these persons you were instructed in the Department’s
No. 83 to submit further information in the direction indicated for
guidance here in determining whether they were entitled to the
protection of this Government.
The case of James Dureell is not embarrassed by any such preliminary
question. I herewith inclose a copy of his affidavit received here with
your dispatch, No. 100, of April 11 last, from which it appears that
Dureell was born in the State of Louisiana in 1858, and resided in the
United States until September 14, 1894. He then went to Honolulu and
obtained temporary employment as a cook at the Arlington Hotel, in that
city. On November 8, 1894, he purchased the lease and good will of a
cigar store and soda-water and fruit stand, and gradually built up a
lucrative business. On the 9th of January last, while quietly seated in
his store, he was arrested without explanation or information of any
charge against him, confined in jail on common prison fare until the
27th of February following—a period of seven weeks—and then discharged
without any trial, charges, explanation, or opportunity of defense; nor
has he since his release been informed of the cause of his arrest.
He declares that he has never by word or deed forfeited his allegiance to
and his right to protection by this Government; that he has neither done
nor spoken anything directly or indirectly against the Government of
Hawaii or it laws; that he has never expressed sentiments antagonistic
to that Government or in any manner counseled, encouraged, aided, or
abetted its enemies either in armed rebellion or secret plotting; and
that he never possessed any information which under existing laws it was
his duty to report to that Government.
These statements establish, in the opinion of the President, a prima
facie claim for substantial indemnity from the Hawaiian Government to
Mr. Dureell. You will bring the case to the attention of the Hawaiian
authorities, leaving no doubt in their minds of the confidence here felt
that the Government of Hawaii will not refuse to tender adequate
reparation to this injured citizen of the United States, nor hesitate to
take prompt measures to exonorate him from the imputation which this
arbitrary treatment has left upon his good name.
I am, etc.,
[Page 860]
[Inclosure in No. 98.]
Honolulu, Oahu, Hawaiian Islands, ss:
I, James Dureell, being duly sworn, depose and say, that I am an
American citizen, having been born in the city of New Orleans, State
of Louisiana, United States of America, in the year 1858. That when
9 years of age I left the said State to reside at Seattle, in the
State, then the Territory, of Washington, in which State I resided
for about twenty years, and for the six years last past previous to
my arrival at Honolulu, Hawaiian Islands, on board the
Canadian-Australian steamer Warrimoo in
September, 1894. Being a cook by profession, I worked for about six
weeks at the Arlington Hotel, Honolulu, at my occupation. On
November 8 of that year I purchased the lease and good will of a
cigar store and soda-water and fruit stand in a good location at the
corner of Beretania and Nunnuu streets, Honolulu, and was gradually
building up a lucrative business. On the morning of Wednesday,
January 9, 1895, while quietly seated in my store attending to my
business, I was arrested, martial law having been established on the
7th instant, by armed officers or special policemen, one of whom is
known as “Dicky” Davis. I was not informed of any ground for my
arrest, and no explanation or information in connection therewith
was given to me. I was taken to the police station, no questions
being asked of me, and kept in confinement there from 11 a.m. until
about 4 p.m., when I was escorted by armed guards through the public
streets to Oahu Prison, where I was thrown into a cell without any
blankets until 1 p.m. on the next day. In this prison I was confined
for forty-nine days, or until my discharge on Wednesday, the 27th of
February—confined to my cell, living on common prison fare, and
allowed only four hours a day for exercise. During the whole of this
period I was kept in absolute ignorance of the cause of my arrest.
No questions were asked of me, no charges were made against me, and
no explanations were accorded to me; nor since my release have I
been enabled to obtain any explanation of my unjust and causeless
arrest and confinement. My sufferings were great, and the moral
effect of the imprisonment, as an unconvicted criminal, combined
with the aspersions of the public press on myself and other
prisoners released after long imprisonment, without trial or
explanation, has been disastrous to my business interests and
prejudicial to my future career, for I have no document to prove to
inquirers that I was innocently imprisoned or honorably discharged,
while the fact will ever remain that my reputation can always be
attacked for having served forty-nine days in criminal confinement
and on criminals’ food in Oahu Prison. I have lost the good will and
lease of my business, and in ill health and under every
discouragement and opposing conditions have to make another start in
life, while the stigma and reproach of my imprisonment will
prejudicially attach to me throughout life. I affirm most solemnly
and sincerely that upon no occasion have I by word, act, or deed
forfeited my allegiance to and my right of protection by the
Government of the United States of America, nor have I by any act or
word acted directly or indirectly in opposition to the Government of
the Republic of Hawaii or its laws, or expressed sentiments
detrimental to said Government, or in any manner counseled,
encouraged, aided, or abetted its enemies, whether in armed
rebellion or secret plotting. I have never possessed any information
which under the existing laws it was my duty to report to the
Government, and consequently have not made myself amenable to said
laws. Under laws recently enacted I am, so far as practical results
may be assumed, debarred from obtaining any satisfaction or redress
through the courts of the Republic, and am consequently compelled to
appeal for the assistance and protection of my native country and my
flag for justification and redress. I therefore humbly, but with all
confidence in the justice of my cause and the wisdom and firmness of
the Government of the United States, ask that due investigation and
examination be made as to the truth of this my statement, and that
such redress for my false imprisonment be obtained from the
Government of the Republic of Hawaii, and such damages be accorded
to me as may meet the justice of my complaint. I place the estimate
of such damages at the sum of $25,000, in addition to a full
vindication of my character and an apology for the wrongful injury
done to me.
Subscribed and sworn to before me, Ellis
Mills, consul-general of the United States at
Honolulu, this 9th day of April,
1895.
[
seal.]
Ellis Mills.