The San Francisco call., 1897-09-08
JAPAN AGREES
TO ARBITRhTB
And Chooses the King
of Belgium as an
Umpire.
Count Okuma'S Letter to the
Japanese Minister in
Honolulu.
Again Clearly Designates Hawaii's
Action as Capricious and
Arbitrary"

| full text of the form of acceptance by the
| Japanese Government of the proposal to
arbitrate its differences with Hawaii has
been received in this city, and copy was
| to-day Hvered to Secretary Sherman by
Secretary OF the Japanese Legation Matsu.
1t is from Count Okuma, Minister of For
eign Affair, to H. Shimamura. japanese
Minister TO Hawaii. a fter ackn owledg ing
the receipt of Hawaii's offer of arbitrat ion,
it says:
! The Imperial Government are firmly con-
vinced that their complaints IN this matter
| are well founded aud tnat their demands are
! just and reasonable. Nevertheless, In a spirit
OF cancellation, and in the hope that tnelr
| aclon may contribute to the good relations
/ OF The two countries, they have resolved to
accept, subject TO certain ne ecessary l1mlta-
| tons and quail fcations, the proposal OF the
| Government OF Hawaii.
| Accordingly. on the 29th ult., telegraphed
| 10 you to the effect that the Japanese Govern
IN .nl accepted in priIciple the suggestion OF
the Government OF hawaii for arbitration.
and that the terms and conditions OF such
/ acceptance would follow by mail.
L now confirm that telegram, ana the op!ect
/ OF this instruction is 10 explain the nature OF
| the terms and conditions, an adhesion 10
| which is in the estimation OF the Imperial
| Government, essential to a satisfactory issue
| OF the contemplated arrangement IS
| The reasons assigned by the minister VI
! = IL
! ton make it also desirable tnat the awaio;
when pronounced shall b. OF the hlgnest anu
most commanding character. Cohseqaeh.iy
! the I'm perial Government propose that.the tWo
| governments shall, whel the proper time ar
| rives, unite in requesting that his Majesty. the
| KING OF the Belgians, may be pIeaseu " ae
cept the position of sole arbitrator
The Imperial Government is, m moreover, per
suaded of The desirabitIty OF expressly dehu-
ing the scope of the reference, not only IN
order to tighten the labors OF the e dacson
hrtF Nrit d lou
may address itself solely TO the actuai points
OF divergence.
We, therefore, propose that the two govern
ments shall agree to the essential facts OF the
case and that the arbitration SnaH De limited
to specified questions at law, In case the
award is in favor of Japan. the measure OF
damages suffered by the suDIeclS oi MS Iiu'
1t is due TO frankness that should in this
connection state that for reasons which are
fully set forth in another instruction the
Imperial Government cannot consent that
the question of the bona tde possession
OF $50 by each of the rejected free iaboreTs,
or of the applicability OF The treaty OF 1871
to the Japanese subjects other than those be-
longing Ia the merchant class, shall be re-
garded as points of issue upon which the de-
cision of the arbitrator is 10 be Invited
If the Government OF the republic Is pre-
pared to meet the Imperial Government upon
the foregoing essential points 1t not appre-
hended that any difficulty will be experienced
in arriving at an agreement in reference 10
questions of minor importance.
You are consequently directed to communl-
cate a copy of this instruction to the Minister
of Foreign Affairs as the reply OF the Imperial
Government 10 the suggestion contained in
his note OF the 2Stn of June. You will at the
same time urgently impress upon him the i'm
portance of an immediate response. am. SIT,
etc, ETC., COUNT OKUMA SHIGENoBU,
Minister for Foreign Affairs.
The following abstracts from the in
struction referred to by Count Okuma in
the FOREGOING letter explain why the Japa-
nese Government wishes to restrict tie
scope of the arbitration. Aliuding 10
Mr. Cooper's objection to the nse of the
words arbitrary" and "capricious" in
characterizing the refusal of the Ha-
waiian Govern ment to allow the japanese
INN grants to land, Count Okuma says:
Mr. Cooper, observe, taxes exception to the
words EN- ployed by me in criticizIng the &C
ton of the hawaiian authorities. He will, |
am sure, understand that have no Intention
OF making use OF a single expression that
could not be iuily sustained. should be SIM
cerely gratiied. in the interest OF the neigh
borly sentiments which have SO long united
the two countries, If could find any reason
to moderate the views VIII ch have felt bound
to Cor mulate. But unfortunately there Is
nothing either in the notes under ac-
kuowied gment or in the more recently &C.
veloped facts OF the case tending to place the
acts complained of in more favorable light
In my instruction of the 18th of June ex-
pressed the firm conviction that the acts OF
expulsion were in violation of treaty stipula-
tions--were without warrant or due process OF
law and in disregar of the remedial rights of
the expelled immigrants, and also that those
immigrants had been restrained in their lib
erty. That instruction has not yet been
answered, and unless II can be shown that the
conviction thus advanced was erroneous l
shall not be able 10 admit that any word hay
ing less precise meaning than arbitrary
would accurately describe the nature of the
proceedings complained OF.
The unaccountable delay in the assignment
OF the reasons for denying residential rights
more especially in respect to the passengers
per the steamship Shin.Shin Maru and Sakura
Maru, and the present attem pt to substitute
other reasons for those originally advanced;
the uncertainty when or by whom the sever al
inquiries or investigations leading up to the
act OF expulsion were actually conducted; the
doubt when or by whom the qualifications of
the immigrants were finally determined; the
fact that distinctions were made between iE
dividual Immigrants who, in eontem plation OF
the treaty and the laws oil Hawaii, stood abso-
lutely upon an equal footing, and finally the
circumstances that the new policy of whole
sale exclusion was suddenly 1naugurated
direct and abs olute contradiction of the pre-
existing poicy all unite to give the proceed
ings q character to which the application of
the term 'capriciousn does not, / am we'll
persuaded, exceed the bounds OF fair and just
comment ana condemnation.
The Hawaiian Government, Count
Okuma goes on TO say. has persisted in
shifuing the issue concerning the reasons
assigned for refusing 30 allow the immi-
grants 10 land. On this account it should
not now occasion any surprise, he be-
lieves, if the Japanese Government de-
clines to discuss the question whether the
possession by each free immigrant of $50
was bona Ede or NOT.
"The Imperial Government" he OBJ
serves, maintains that in the present
case possession was prima faeie evidence
of ownership. The Hawaiian Govern
menl has frankly and unequivocaly ad-
mitted that each of the rejected free i'm
migrants was actually IN possession OF $50,
and has, moreover, declared that under
the Hawaiian law possession Is svnony.
nous with ownership Consequently
the Imperial Government denies that it
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