386 



HAWAII. 



HAYES, RUTHERFORD BIRCHARD. 



there shall be no prosecution or punishment of 

 those setting up or supporting the Provisional 

 Government. Should she ask whether, if she 

 acceded to these conditions, active steps would 

 be taken to effect her restoration or to maintain 

 her authority thereafter, the minister was to say 

 that the President could not use force without 

 the authority of Congress. 



President Cleveland's Message to Con- 

 gress. Congress met the day after the last dis- 

 patch was sent to Minister Willis. On Dec. 18 

 President Cleveland sent a message to Congress, 

 in which he reviewed the affair and gave his 

 conclusions. 



By an act of war, committed with the participa- 

 tion of a diplomatic representative of the United 

 States and without authority of Congress, the Gov- 

 ernment of a feeble but friendly and confiding people 

 has been overthrown. A substantial wrong has thus 

 been done, which a due regard for our national char- 

 acter, as well as the rights of the injured people, re- 

 quires we should endeavor to repair. The Provi- 

 sional Government has not assumed a republican or 

 other constitutional form, but has remained a mere 

 executive council or oligarchy, set up without the 

 assent of the people. It has not sought to find a 

 permanent basis of popular support, and has given 

 no evidence of an intention to do so. Indeed, the 

 representatives of that Government assert that the 

 people of Hawaii are unfit for popular government, 

 and frankly avow that they can be best ruled by 

 arbtrarv or despotic power. 



The United States, in aiming to maintain itself as 

 one of the most enlightened of nations, would do its 

 citizens gross injustice if it applied to its interna- 

 tional relations any other than a high standard of 

 honor and morality. On that ground the United 

 States can not properly be put in the position of coun- 

 tenancing a wrong after its commission any more 

 than in that of consenting to it in advance. On that 

 ground it can not allow itself to refuse to redress an 

 injury inflicted through an abuse of power by offi- 

 cers clothed with its authority and wearing its uni- 

 form ; and on the same ground, if a feeble but friendly 

 state is in danger of being robbed of its independence 

 and its sovereignty by a misuse of the power of the 

 United States, the United States can not tail to vindi- 

 cate its honor and its sense of justice by an earnest 

 effort to make all possible reparation. 



These principles apply to the present case with 

 irresistible force, when the special conditions of the 

 Queen's surrender of her sovereignty are recalled. 

 She surrendered not to the Provisional Government, 

 but to the United States. She surrendered not absolute- 

 ly and permanently, but temporarily and condition- 

 ally, until such time as the facts could be considered 

 by the United States. Furthermore, the Provisional 

 Government acquiesced in her surrender in that man- 

 ner and on those terms, not only by tacit consent, but 

 through the positive acts of some members of the 

 Government, who urged her peaceable submission 

 not merely to avoid bloodshed, out because she could 

 place implicit reliance upon the justice of the United 

 States, and that the whole subject would be finally 

 considered at Washington. 



The check that his plans had encountered in 

 the Queen's refusal to accept the conditions im- 

 posed, which prevented the presentation of the 

 plans to the Provisional Government, compelled 

 President Cleveland to commend the subject to 

 " the extended powers and wise discretion of 

 Congress," with the assurance that he would " be 

 much gratified to co-operate in any legislative 

 plan which may be devised for the solution of 

 the problem before us which is consistent with 

 American honor, integrity, and morality." 



HAYES, RUTHERFORD BIRCHARD, 



nineteenth President of the United States, born 

 in Delaware, Ohio, Oct. 4, 1822 ; died in Fremont, 

 Ohio, Jan. 17, 1893. His ancestors (Scottish origi- 

 nally) emigrated from England in 1682 and set- 

 tled at Windsor, Conn. His father, a native of 

 Brattleborough,Vt.. married Sophia Birchard, of 

 Wilmington, Vt., and died a short time before the 

 son was born. Rutherford was educated in the 

 common school, prepared for college at Norwalk, 

 Ohio, and Middletown, Conn., and was graduated 

 at Kenyon College, as' valedictorian, in 1842. 

 One of his college mates said of him that " he 

 was remarkable for great common sense in his 

 personal conduct ; never uttered a profane word, 

 and behaved always like a considerate, mature 

 man." Another fellow-student, like the first a 

 lawyer of high attainments, said : " Hayes left a 

 memory which was a fascination a glowing 

 memory ; he was popular, magnanimous, manly ; 

 was a noble, chivalrous fellow, of great promise." 



He studied law at Columbus, Ohio, and in 

 Harvard Law School, at the same time attend- 

 ing Longfellow's lectures on literature and study- 

 ing French and German. He was admitted to 

 the bar in 1845, and in 1846 formed a partner- 

 ship with Ralph' P. Buckland in Lower San- 

 dusky (now Fremont). While in this partnership 

 Mr. Hayes tried at Cincinnati a case referring 

 to the building of a railway bridge over Sandusky 

 Bay, and Thomas Ewing, who was of the oppos- 

 ing counsel, paid him the highest compliments 

 for this his first case in a United States court. 



In 1848 Mr. Hayes was compelled, on account 

 of weakness of the lungs, to seek a warmer cli- 

 mate, and this was done so promptly that the 

 cure was radical. Outdoor prairie life in Texas 

 gave him new experiences and renewed vigor. 



In 1850 he removed to Cincinnati, and opened 

 an office with John W. Herron, and while wait- 

 ing for business began a systematic course of 

 study. He joined the Sons 'of Temperance and 

 the Odd Fellows, and his addresses, delivered at 

 their meetings, soon attracted attention. There 

 was a remarkable coterie of men who formed at 

 that time a literary club in Cincinnati. Among 

 them were Salmon P. Chase, Thomas Corwin, 

 Thomas Ewing (senior and junior), John Pope, 

 Edward F. Noyes, Stanley Mathews, Moncure D. 

 Con way, and Manning F." Force. Mr. Hayes was 

 for eleven years a member of this organization, 

 and in its debates he acquired much of his power 

 of logical presentment of a subject. 



In January, 1852, Judge Warden, of the crimi- 

 nal court, heard a little speech by Mr. Hayes, 

 and gave to him the conduct of a famous crimi- 

 nal case, the defense of Nancy Farrer, a woman 

 who was accused of poisoning all the members 

 of two families. The whole community was in 

 a state of indignation against her. Mr. Hayes 

 became convinced that his client was insane and 

 irresponsible, but the trouble was to prove it to 

 the satisfaction of the jury. The plea attracted 

 wide attention and received unstinted praise, 

 but the verdict was murder in the first degree. 

 Hayes immediately obtained a writ of error, and 

 argued the case before the Supreme Court with 

 such effect that Nancy Farrer was sent to a lu- 

 natic asylum. 



By this time the young lawyer was so far set- 

 tled in life as to be able to offer a home to the 



