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Hawaii's Story by Hawaii's Queen/Chapter 45

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CHAPTER XLV

BROUGHT TO TRIAL

So far was my submission from modifying in any way the course of the government, that the principal prisoners were, after all, condemned to death. Their sentences were passed the same as though my signature had not been obtained. That they were not executed is due solely to a consideration which has been officially stated: “Word came from the United States that the execution of captive rebels would militate against annexation. That about settled it.”

Proceedings against me, personally, were not modified. Every day thereafter papers were brought to me from the office of President Dole, a legal service, I suppose it is called, being made on me by Major George C. Potter, an aid-de-camp of the president’s staff. In the first of these I found myself charged with the crime of “treason.” After about a week had gone by, the accusation was changed to “misprision of treason.” The substance of my crime was that I knew my people were conspiring to re-establish the constitutional government, to throw off the yoke of the stranger and oppressor; and I had not conveyed this knowledge to the persons I had never recognized except as unlawful usurpers of authority, and had not informed against my own nation and against their friends who were also my long-time friends.

The names of those who had informed, and by whose testimony I was to be convicted, were Captain Samuel Nowlein, Charles H. Clark, W. W. Kaae, Charles Warren, Keahikaauwai, George H. Townsend, and Captain Davies of the steamer Waimanalo.

February 5th was to be the day of my trial. After the summons had been served, Mr. Paul Neumann, in consultation with Mr. Wilsen, called to consult with me, as it had been a question whether or not I should personally appear in court, as it would be undignified and humiliating. Humiliation! What had I left? It was the intention of the officers of the government to humiliate me by imprisoning me, but my spirit rose above that. I was a martyr to the cause of my people, and was proud of it. So I told them that I would attend; and on the morning of the 8th, at the hour appointed, Sergeant Kenake appeared, and conducted me, attended by Mrs. Wilson, to the court-room.

It was the former throne room of the palace, and was crowded with curious spectators. The diplomatic corps, Mr. Albert F. Willis, Minister of the United States, A. G. S. Hawes, British Commissioner, Monsieur De Verlet, French Commissioner, Senior Canavarro, Portuguese Commissioner, and Mr. F. Schmibu, the Japanese Consul, were all present. There were also ministers of the gospel, and a liberal representation from all classes, including many ladies of Honolulu society. In the centre of the room was the table before which the Military Commission (as it was called) was convened. It was before such an audience and by such a tribunal that I was to be tried for treason.

At one end of the table sat Mr. W. A. Whiting, as president of the court. He had once, early in my reign, been Attorney-general, and a member of my cabinet. Opposite to him was Mr. W. A. Kinney, the Judge Advocate. Besides these there were some half-dozen young men,—Colonel Fisher, Messrs. Zeigler, Camara, Pratt, Wilder, W. C. and J. W. Jones,—none of them names of any prominence or responsibility in the community.

The trial proceeded, Mr. A. F. Judd being the first to give his testimony against me. I cannot recall all that was said or done, nor is it necessary; but I know that, to make complete the work of saving the lives of my friends, I was compelled to testify as in the statement, and to affirm that it was through the advice of other friends I abdicated.

The only charge against me really was that of being a queen; and my case was judged by these, my adversaries, before I came into court. I remember with clearness, however, the attack upon me by the Judge Advocate, the words that issued from his mouth about “the prisoner,” “that woman,” etc., uttered with such affectation of contempt and disgust. The object of it was evidently to humiliate me, to make me break down in the presence of the staring crowd. But in this they were disappointed. My equanimity was never disturbed; and their own report relates that I throughout preserved “that haughty carriage” which marked me as an “unusual woman.”

I said nothing to their taunts and innuendoes, and showed no emotion; but when the proper time came, I denied that I had been guilty of any treasonable action, and asked my counsel to submit the following statement:—

“In the year 1893, on the fifteenth day of January, at the request of a large majority of the Hawaiian people, and by and with the consent of my cabinet, I proposed to make certain changes in the constitution of the Hawaiian kingdom, which were suggested to me as being for the advantage and benefit of the kingdom, and subjects and residents thereof. These proposed changes did not deprive foreigners of any rights or privileges enjoyed by them under the constitution of 1887, promulgated by King Kalakaua and his cabinet, without the consent of the people or ratified by their votes.

“My ministers at the last moment changed their views, and requested me to defer all action in connection with the constitution; and I yielded to their advice as bound to do by the existing constitution and laws.

“A minority of the foreign population made my action the pretext for overthrowing the monarchy, and, aided by the United States naval forces and representative, established a new government.

“I owed no allegiance to the Provisional Government so established, nor to any power or to any one save the will of my people and the welfare of my country.

“The wishes of my people were not consulted as to this change of government, and only those who were in practical rebellion against the constitutional government were allowed to vote upon the question whether the monarchy should exist or not.

“To prevent the shedding of the blood of my people, natives and foreigners alike, I opposed armed interference, and quietly yielded to the armed forces brought against my throne, and submitted to the arbitrament of the government of the United States the decision of my rights and those of the Hawaiian people. Since then, as is well known to all, I have pursued the path of peace and diplomatic discussion, and not that of internal strife.

“The United States having first interfered in the interest of those founding the government of 1893 upon the basis of revolution, concluded to leave to the Hawaiian people the selection of their own form of government.

“This selection was anticipated and prevented by the Provisional Government, who, being possessed of the military and police power of the kingdom, so cramped the electoral privileges that no free expression of their will was permitted to the people who were opposed to them.

“By my command and advice the native people and those in sympathy with them were restrained from rising against the government in power.

“The movement undertaken by the Hawaiians last month was absolutely commenced without my knowledge, sanction, consent, or assistance, directly or indirectly; and this fact is in truth well known to those who took part in it.

“I received no information from any one in regard to arms which were, or which were to be, procured, nor of any men who were induced, or to be induced, to join in any such uprising.

“I do not know why this information should have been withheld from me, unless it was with a view to my personal safety, or as a precautionary measure. It would not have received my sanction; and I can assure the gentlemen of this commission that, had I known of any such intention, I would have dissuaded the promoters from such a venture. But I will add that, had I known, their secrets would have been mine, and inviolately preserved.

“That I intended to change my cabinet, and to appoint certain officers of the kingdom, in the event of my restoration, I will admit; but that I, or any one known to me, had, in part or in whole, established a new government, is not true. Before the 24th of January, 1895, the day upon which I formally abdicated, and called upon my people to recognize the Republic of Hawaii as the only lawful government of these Islands, and to support that government, I claim that I had the right to select a cabinet in anticipation of a possibility; and history of other governments supports this right. I was not intimidated into abdicating, but followed the counsel of able and generous friends and well-wishers, who advised me that such an act would restore peace and good-will among my people, vitalize the progress and prosperity of the Islands, and induce the actual government to deal leniently, mercifully, charitably, and impassionately with those who resorted to arms for the purpose of displacing a government in the formation of which they had no voice or control, and which they themselves had seen established by force of arms.

“I acted of my own free will, and wish the world to know that I have asked no immunity or favor myself, nor plead my abdication as a petition for mercy. My actions were dictated by the sole aim of doing good to my beloved country, and of alleviating the positions and pains of those who unhappily and unwisely resorted to arms to regain an independence which they thought had been unjustly wrested from them.

“As you deal with them, so I pray that the Almighty God may deal with you in your hours of trial.

“To my regret much has been said about the danger which threatened foreign women and children, and about the bloodthirstiness of the Hawaiians, and the outrages. which would have been perpetrated by them if they had succeeded in their attempt to overthrow the Republic government.

“They who know the Hawaiian temper and disposition understand that there was no foundation for any such fears. The behavior of the rebels to those foreigners whom they captured and held shows that there was no malignancy in the hearts of the Hawaiians at all. It would have been sad indeed if the doctrine of the Christian missionary fathers, taught to my people by them and those who succeeded them, should have fallen like the seed in the parable, upon barren ground.

“I must deny your right to try me in the manner and by the court which you have called together for this purpose. In your actions you violate your own constitution and laws, which are now the constitution and laws of the land.

“There may be in your consciences a warrant for your action, in what you may deem a necessity of the times; but you cannot find any such warrant for any such action in any settled, civilized, or Christian land. All who uphold you in this unlawful proceeding may scorn and despise my word; but the offence of breaking and setting aside for a specific purpose the laws of your own nation, and disregarding all justice and fairness, may be to them and to you the source of an unhappy and much to be regretted legacy.

“I would ask you to consider that your government is on trial before the whole civilized world, and that in accordance with your actions and decisions will you yourselves be judged. The happiness and prosperity of Hawaii are henceforth in your hands as its rulers. You are commencing a new era in its history. May the divine Providence grant you the wisdom to lead the nation into the paths of forbearance, forgiveness, and peace, and to create and consolidate a united people ever anxious to advance in the way of civilization outlined by the American fathers of liberty and religion.

"In concluding my statement I thank you for the courtesy you have shown to me, not as your former queen, but as an humble citizen of this land and as a woman. I assure you, who believe you are faithfully fulfilling a public duty, that I shall never harbor any resentment or cherish any ill feeling towards you, whatever may be your decision.”

What follows is a partial report of the court’s proceedings regarding my statement.


“After deliberation the court requested that the following portions of the statement be withdrawn:—

“A minority of the foreign population made my action the pretext for overthrowing the monarchy, and, aided by the United States naval forces and representative, established a new government.”

“I owed no allegiance to the Provisional Government so established, nor to any power or to any one save the will of my people and the welfare of my country.”

“The wishes of my people were not consulted as to this change of government, and only those who were in practical rebellion against the Government were allowed to vote upon the question whether the Monarchy should exist or not.”

“This selection was anticipated and prevented by the Provisional Government, who, being possessed of the military and police power of the kingdom, so cramped the electoral privileges that no free expression of their will was permitted to the people who were opposed to them.”

“All who uphold you in this unlawful proceeding may scorn and despise my word, but the offence of breaking or setting aside for a specific purpose the laws of your own nation, and disregarding all justice, may be to them and to you the source of an unhappy and much to be regretted legacy.”


“Mr. Neumann replied, that the paragraph, relating to the establishment of the Provisional Government was made as a statement from the accused, was claimed as an actual fact, reflected upon no one. It set forth her views, and he must decline to ask his client to withdraw it. The words, ‘and only those who were in practical rebellion against the constitution of the state,’ etc., Mr.
A large room with a throne in the back
The throne room, Iolani Palace

The throne room, Iolani Palace

Neumann agreed should be stricken out. As to the passage setting forth that the accused owed no allegiance to the Provisional Government, counsel made the same answer as to the first item.

“The court retired, and returned with the decision that the objectionable passages should be stricken out. Colonel Whiting read them, and ordered that they be stricken from the record.”

During the course of my trial, I noticed, in one of the seats behind those occupied by the foreign ministers a peculiar-looking man, who wore top-boots, and had long, flowing hair. I was afterwards told that this was Joaquin Miller, the “poet of the Sierras,” and was shown specimens of his poetry, especially that which he had written on my deposition, and in which he had alluded to me in the most favorable terms. I have been told that he was sent out as a press correspondent, with the expectation that he would take the opposite view, and that when the “government” found out his real sentiments he was forced to leave Honolulu.

There was also one lady frequently present, who seemed to take a great interest in the proceedings of the court-martial. I recognized in her the wife of Lieutenant Werlich of the United States ship Philadelphia.

A few days after these events there was a parade of the men of the steamship on shore. After drilling out on the plains, they marched into the city, and made use of the walls of the Kawaiahao church, directly opposite my place of imprisonment, to show their agility and skill in scaling ramparts. In the yard about this great edifice lie buried the remains of many members of the old missionary families. But entirely without consideration for the sacredness of the spot, the troops were practised and cheered on at these walls; they clambered back and forth, came tumbling down one over the other, and showed their superior strength or quickness, while an officer was taking the time required for the drill. From thence they were called to order by the bugle, then marched in front of my windows with their guns pointing towards the building itself.

But while all this was going on, I saw a lady approach the palace until she stood beneath my window; there she stopped, and, looking up, kissed her hands to me. She remained, making no motion to leave, for perhaps ten minutes. Just as she was turning to depart, she raised her veil, and I at once recognized the countenance of the same lady who had been so faithful an attendant at my trial. As I stood watching her friendly attitude, kindly tears of sympathy rolled down her cheeks. I had known Mrs. Werlich as a welcome visitor at my own house in the days of my freedom, and it was a consolation for me to think that she had remembered me at the hour when I was a prisoner.