The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-07-22

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| land were permitted to do so. AS to the
| Sakura Maru, there were LBS who pos
| sessed memorandas OF agreement with
| the Morioka immigration Company SIM
| liar 10 those who came by the Shlnshlu
| Maru, and the same ruling was made and
| the same exceptions TO the rule. me
policy of this Government has continued
on lines heretofore set forth to repreSen-
tativeS of your Government
sI called attention to a dispatch to Min
ister Shimamuras predecessor, Mr.. Shi-
| nizu, in which il was said that this Gov
| ernment feels at liberty at all times 10
| limit or suspend immigration. especially
| that conducted by private parties. ThlS
was not done on account OF prejudice
| against Japanese subjects, but in pur-
| suance of a desire on the part OF this
Government to control the influx of inn
| migrants who were TO be employed as
| laborers.
"A few days later, April 9Th, I think.
Minister Shimamura replied, and after
expressing the usual felicitations said
| that:
In Japan's dealings with Hawaii,
small as it is, has been and will continue
| 70 be of that high order of conduct and
courtesy with which it deals with the
more powerful nations Further along
| the Minister stated that the matter would
! have to be submitted to his Government
for determination but he continued to
| point to what he believed was violation
| of the treaty, for he said: Referring to
| the immigrants of the first class. AL
| tnough they may not have complied tech
Board of immigration, yet they have
with the spirit of it.
" Taking larger view of the matter
continued Minister Shimamura, would it
not have been best not to have imposed
upon the ignorant people after they have
broken UP their homes and sold their eff
fectS, only to be rejected here 1simDly
| because they have not complied with the
Board of Immigration? You have been
mls1nformed, continued the Minister, re
gard1ng the second class, as to the nature
OF that memorandum of agreement 1t
was the result of the general laws OF the
Japanese Government pertaining to all
emgrantS from Japan, so as to provide
against what might be serious suffering
or Japanese emigrantS in this country
rms regulation should have the approval
OF your Government as providing a means
iileans OF support Tor the emigrant after
he arrives here. This class came not as
contract labor but as free immigrants
Having presented the required $50 in ac-
cordance with the treaty they should
nave been permitted to land.
cannot see, continued Minister
Sn1mamura in this same letter that 2
hstlhction should be made between jap
and those who have not
FOLLOWING this said Minister Cooner
ne oeals with our proposition to suspend
Immigration when conducted by private
parties. He contended that the Govern
ment has not the right to limit nor mod
Try except by an alteration of the treaty
roo;1 onder date of Toxic, April 18th, and
rScelVed by me at the hand of Minister
Shlmamura on May 11th was q letter
written by Count Okuma, Japanese Min,
lster Of Foreign Affairs, in which he re-
| eltes the fact of the nature of the. emi
grants by the Shinshiu Maru on AnriI
sun In this communication Count Oku-
ma informs this Government that he has
sNen thoughtful and deliberate consid-
eTatlon to all the questions involved and
although influenced by a friendly desire
70 accord due weight to every eXtenuat-
| ing circumstance, the Government CON
siders that the inhospitable acts com
| planned of were in derogat ton of the con
VenIionai rights OF japanese subjects
Directly under the treaty of 1871 and
indirectly by application of the most IA
vored nation principle to treaties now in
force between Hawaii and other coun-
tries, Japanese subjects absolutely and
equally with Hawaiian citizens are one.
at liberty, freely and securely to enter
with their ships and cargos all places,
ports and rivers in Hawaii which are
open to foreign commerce.
z They have the right to travel trade,
reside and exercise every profession or
industry in all parts of Hawaii.
% They are entitled to constant and
complete protection from the Hawaiian
Govern ment for their persons and prop
erty, as well as in regard to civil rights.
Il. They are also entitled to free and
easy access to the courts of justice of
Hawaii in prosecution and defense of
their rights, in every instance and degree
of jurisdiction established by the laws
and,
-. They are at liberty, under any and
all circumstances, to choose and employ
lawyers and solicitors, advocates or
agents from any class whom they may
see fit to authorize 10 act for them in
their name.
In disregard of these rights, wrote
Count Okuma, 460 Japanese subjects, af-
ter being confined for some considerable
time, and without any judicial determi-
nation, without having access to the
courts, without having permission to con-
suit with our representative, were igno-
miniOuSly expelled from the country
1T is not suggested that similar treat
ment would, under any circumstances,
be meted out to Hawaiian citizens. In
fact, the action was based upon the fact
that persons concerned were aliens, who,
by a statutory fiction, were deemed to be
without the territorial limits of Hawaii.
Count Okuma said, also, that his Gov
ernment was convinced that Act II of
1895 and Act 66 of the preceding year, if
correctly interpreted by Hawaiian au-
thoritieS, is in cOntraVention of the eX-
listing treaty between the two Govern
ments. The proper regulation of immi-
grafton, he admits is the legitimate ex-
ercise of the police power of the State,
and reasonable laws on that subject, rea-
sonably administered by Hawaii, will
provoke no remonstrance from Japan.
In the. present case the laws were a re-
yersal of the existing precedents arbitra-
lily and capriciously enforced, and that
the extra judicial proceedings of the Ha-
waiian authorities were not conclusive,
and the refusal of the court appealed to,
to intervene was a denial of justice. The
conclusion being that the Japanese Gov
ernment entertained the expectation that
this Government will recognize the prin-
ciple of indemnifcation and, further. that
they ask for the additional assurance
that these acts will not be repeated.
THE particulars regarding the amount
of the claim, Count Okuma wrote, would
be made the subject of a further com
munication, but 1 may say here, that the
communication has not yet been re-
ceived.''
Mr.. Cooper, continuing his conversa-
ton, said: You will understand that
my first letter was not one of argument
or defense. 1t was mere statement of
facts. The correspondence which has fol-
lowed, has brought out other points, and
now this Government has been charged
with shifting it's policy to suit the 'occa-
sion.
Il replied to this letter on May 24th,
and my answer to the first point in his
communication was that the examina-
ton of the immigrants was before com
petent tribunal, and the decision of the
Supreme Court, sustaining the Customs
authorities, was founded upon well-estab-
lfshed principles, and the result having
been arrived at, it is complete assur-