The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1897-07-04
SHERMAN'SANSWER
TOJAPAN' SPROTEST
Hawali's Treaties With Other Nations
Would Cease on Annexation.
u. 5. TREATIES EXTENDED
lnion Of Hawaii Recognized as a Necessary
Contingency cy-csnnot lsiure Interests
oi Other roNefs.

Tribune from Washington gives the fun
teXt Of Secretary shermans answer to
Iapan'a protest against the annexation
Of Hawaii by the United States
! Ancr quoting the grounds on which
japan made IT, protest. the secretary
hays.
This recital In Itself proof that your
! oYctnmcnt has mlsapprehcndcd the state
menu ana assurances contained IN my
note and IN lis relation 10 the treaty
quoston involved. strongly suggests con
fusloa between The formal supulai,ons Of
treaties and the ycstcd rights which the
subjects OF one country may acquire IN
another under treaty or the law uf the
land The priaclple Of public law where.
hy the existing treaties Of stats cease
upon is incorporation into another state
| n well defined by HAllcck. who says.
Hut the obligations pt treaties. oven
where some OF their stipulations are In
terms perpetual, expire IN case either
Of the contracting parties losce its e1-
!stencc as an independent s,a,,. or IN
case ~ internal constitution " ~ chang.
ed as to reader the trvaty inappiicabIe
10 tho ncw condition Of things"
Continuing, the secretary says
The question concerns the absolute
union Of two states. whereby oae ceases
10 exist and becomes mofgcd IN the
6o,4y polite Of the other The history
OF Europe, of America. Of the whole
world, is tul Of examples from remote
psrlods TO our own days where indie
penaTlt states have ceased 20. q, such
through constalncd or voluntary abnop.
Uon hy another. with attendant txtlnc.
ton OF their former treaties with other
states II needs no stipulation IN a form
al annexation treaty 10 work this result.
Tor 1t attends de tacto' annexation. now
ever. accomplished The forciblc incorpor-
n,ion OF Hanover into the Prussinn king
dom instantly destroyed previous Han
oycrian treaties. The admission OF
Texas to statehood In our union 10y Joint
resolution eNtinguirhci the treaties OF The
independent republic OF Texas. The
recent French law declaring Madagascar
TO bo a colony OF France ended the
former treaties of that kingdom. II is
the fact, not the manner Of absorption
that determines treaties. Il does not even
follow that the existing treaties Of the
absorbing state extend TO the acquired
territory. The treaties OF the German
empire are held not TO apply to the cedcd
French provinces OF Alsace and Lorraine.
what the Hawaiian treaty OF annex
alton proposes Is the extension OF the
treaties OF the United States To in |
corporatcd territory 10 replace the neces- |
sarly eXtinguished Hawaiian treaties. In |
order that the guarantees of treaty rights |
to all may De unquestionable and con- |
tnuous. To this end the termination Of |
the existing treaties OF Hawaii is r,cited |
as precedent II is the fact OF Hawalrs |
ccasing to exist as an independent coun.
try that eNtnguishes those contracts
AS TO the vested rights. II any be
established In favor Of Japan. and OF |
- 'Nft'f'F' NAh|NNAN w AlstNNll Ailt case - /
and repeat that there is moth.
lng In the proposed treaty preiudlciaI TO |
the rights OF Japan. The treaties are |
terminable In q variety Of ways. That
OF lS>d between Japan and Hawaii. to
which you protest is supposed to re-
late, Is denounceahle by either party on
six months notice, but It's extension
would no more eXtingulsh vested rights
previously acquired under It's stipulation.
than the repeal OF municipal law az
fects the rights OF property vested under
rs provisions.
AS to the point that the maintenance
of the statu quo OF Hawaii Is essential
10 the good understanding Of the powers
which have interests in the Pacific. It
Is sufficient 10 remark that. as fact |.
through three quarters OF century, In
which the constitution and government of
Hawaii and the commerce OF the islands
with the world have undergone notable
changes. the one essential feature OF the
statu quo has been the paramount and
predominant influence OF the United
states on the fortunes OF the group. and
that the union Of that island territory
10 the United States often foroshndowed
and At times taking tangle shape, has
been recognized rs a necessary contin-
sency, drawing nearer year by year with
he passage of events. Four years ago
when similar project OF annexation fol-
lowed the Hawaiian revolution, the occa-
sion for maintaining the statu quo was
not even suggested by any power having
interests in the Pacific This govern Il
nent cannot proclaim or admit that any
'ucn occasion has since arisen-just as IT
Fan neither intend nor admit that the
more perfect union OF Hawaii
10 the United States by which the pro-
gressive policies and dependent associa-
lions Of some seventy years have their
destined elimination can injure any le-
Ultimate interests OF other powers in the
Pacific. That IL will tend to strengthen.
leyelope and perpetuate such commonly