The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1897-09-03
Continued from LIST page.)

"The Imperial Government are,
moreover, persuaded Of the desira-
bility Of expressly defining the scope
Of the reference, not only in order
to Tighten the labors OF the arbitra-
tor, but with the view, as well, that
the decision may address itself sole
ly to the actual points of divergence
They, therefore, propose that the
two governments shall agree to the
essential facts OF the case, and that
the arbitration shall be limited to
specified questions OF law and Tin
case the award is in favor of Japan
the measure Of the damages suffered
by the subjects of His Imperial
Majesty. 1t is due to frankness,
that l should, in this connection,
state that for reasons which are set
forth in another instruction, the I'm
perial Government cannot consent
that the questions of the bona fdes
of the possession of $50 by each OF
the rejected free laborers or of the
applicability of the treaty of 1871 to
Japan's subjects, other than those
belonging to the merchant class,
shall be regarded as points at issue
upon which the decision of the ar
bitrator is to be invited.
"If the Government of the Repub-
lie are prepared to meet the I'm
perial Government upon the fore
going essential points, it is not APP
pretended that any difficulty will
be experienced in arriving at an I'M
derstanding in reference to the
questions OF minor Importance.
"You are consequently directed to
communicate copy Of this instruc-
tion to the Minister of Foreign AZ
fairs as the reply of the Imperial
Government to the suggestion con-
tanned in his note of the 2Sth of
June. You will, at the same time,
urgently impress upon him the i'm
portance from every point of view
Of an immediate response.
81 am, sir, very respectfully,
"CoUNr OKUMA SHIaENoBU,
minister OF Foreign Affairs"
To this Minister Cooper replied
as follows:
HONOLULU, n. l., Aug. 30, 1897.
ellis ExcELLENoY Fl. SHIMAMURA, 81.
l. j. MS Minister Resident,
Honolulu:
"Sir:-Adverting to the letter OF
instruction addressed to you by
Count Okuma Shigenobu, under
date of the 4th inst, wherein he con-
firms his telegram which was to the
effect that the Japanese Govern
ment accepted in principal the sug-
gestion of the Hawaiian Govern
ment. for arbitration, and also states
the nature OF the terms and condi-
tions considered essential by the Im-
perial Government to a satisfactory
issue of the contemplated arbitra-
ton, copy of which accompanies
your letter of the 10th inst, / have
the honor to say:
"That this Government recognizes
the desirability of expressly defining
the scope of the reference, and for
that reason regrets that His Excel
lency's letter does not more fully
define the issues which the Imperial
Government would be willing to
submit for decision.
eff 1 understand His Exeellency
correctly, the Imperial Government
cannot consent to the submission to
arbitration of the question of the
bona fides Of the possession of the
$50 by each of the rejected immi-
grants, or the applicability of the
treaty of 1871 to Japanese SUBJECTS
other than those belonging to the
merchant class. This being so it is
suggested that this Government
cannot ha aypaotaJ IN oiua tic ranly