Mr. Olney to Mr. Willis.

No. 121.]

Sir: I have to acknowledge the receipt of your No. 140, of the 20th ultimo, in relation to the complaint of Mr. Frank Godfrey on the grounds, first, of detention in the cholera hospital for one day longer than he alleges to have been necessary; and, secondly, because of an assault upon him on the night of the 17th ultimo by four or five masked men, who beat him severely and then covered him with tar and feathers.

I quite agree with you as to the questionable nature of this claim upon its merits, even were Mr. Godfrey’s right to claim protection established. It appears, however, from your relation of his statements and from the annexed copy of the certificate of denization granted to him, that his case is indistinguishable from those of other American citizens who have acquired local citizenship in Hawaii. Under the decisions of my predecessor, his taking the oath and voluntarily subjecting himself to accountability to the laws of the Hawaiian Republic and to performance of all the duties and obligations of a citizen thereof constitute naturalization of all Hawaiian purposes while within Hawaiian jurisdiction, and the phrase that “these letters are without prejudice to his native allegiance” can have no significance either as to his status within Hawaiian jurisdiction or as to his status within the jurisdiction of the United States should he return hither, for in the latter case it would be determinable by the laws of this country and not by any administrative act of Hawaii.

If, as Mr. Godfrey asserts, two of his masked assailants are known, he should be referred to the local courts for redress, either criminal or civil.

I am, etc.,

Richard Olney.