The Indianapolis journal., 1897-09-08
ARBITRATION ACCEPTED
JAPAN'S REPLY TO THE HAWAIIAN
GOVERNMENT PROPOSITION.
King of Belgium Suggested as Arbi-
ter-FinanciaI Condition of Immi-
grants Cannot Be Considered.

WASHINGTON, Sept THE full text
of the formal 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 delivered
to Secretary Sherman by the secretary of
the japanese legation. Mr.. Matsui. 1t is
from Count Okuma, minister of foreign af-
fairs, to H. Shimamura. Japans minister
to Hawaii After acknowledging the re-
ceipt of Hawaiis offer of arbitration it
says, In part:
1.-THE imperial government is firmly con-
vinced that its complaints in this matter
are well founded and that it's demands are
just and reasonable. Nevertheless. in
spirit of conciliation and in the hope that
it's action may contribute to the good re-
lations of the two countries, it has resolved
to accept, subject to certain limitations
and qualifications, the proposal of the gov
ernment OF Hawaii.
1.-THE reasons assigned by the minister of
foreign affairs of Hawaii in favor of arbi-
tration make it desirable that the award,
when pronounced, shall be of the highest
and most commanding character. Conse-
quently, the imperial government proposes
that the two governments shall, when the
his Majesty. the King of the Belgians. may
be pleased to accept the position of sole
arbitrator. We propose that the
two governments shall agree to the essen
tial facts of the case and that the arbitra-
ton shall be limited to specific questions at
law, and, in case the award is in favor of
Japan. the measure of damages suffered
by the subjects of his Imperial Majesty.
1T is due to frankness that 1 should in
this connection state that for reasons
which are fully set forth in another in
structon, the Imperial government cannot
consent that the question of the bona fides
OF the possession of $50 by each of the
rejected free laborers, or of the applicable
jects other than those belonging to the
merchant class, shall be regarded points
of issue on which the decision of the ar
bitrator is to be invited.
The following extracts from the instruc-
ton referred to by Count Okuma in the
foregoing letter explain why the Japanese
government wishes to restrict the scope Of
the arbitration. Abiding TO Mr.. Cooper's
objection to the use OF the words arbi-
tTary' and 'capriciOus' III characterizing
the refusal of the Hawaiian government to
allow the Japanese immigrants 10 land,
Count Okuma says: Mr.. Cooper, observe,
takes exception to the words employed by
me in criticising the action of the Hawaiian
authorities. He Will, 1 am sure, under
stand that / have no intention of making
use OF a Single eApIeSSiOn tHelA SOulu not
be fully sustained. / should be sincerely
gratited in the interest of the neighborly
sentiments which have so long united the
two countries If l could find any reason
to moderate the views which ] have felt
bound to formulate. But, unfortunately,
there is nothing, either in the notes under
acknowledgement or in the more recently
developed facts of the case, tending TO
place the acts complained of in more
favorable hght. In my instruction of the
18th of June | expressed the firm conviction
that the acts of expulsion Were in violation
of treaty stipulation, were without warrant
or due process of law and in disregard of
the remedial rights Of the expelled immi-
grants and also that those immigrants had
been restrained of their liberty That in
struction has not yet been answered, and
unless il can he shown that the conviction
thus advanced was erroneous, | shall not
be able TO admit that any word having
less precise meaning that arbitrary would
accurately describe the nature of the pro-
ceedings complained of.
The unaccountable delay I'm the assign
ment Of the reasons for denying residential
rights more especially in respect of the
passengers per the steamship Shinshin-M
ru and Sakura-M Maru. and the present at