Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-08
JAPAN ON ARBITRATION
Imperial Views Communicated to the Min
lister at Honolulu.
Wants the Discussion Limited to
Questions of Law-Belgfum's
Ruler for Arbifer.

SIR Matsui, secretary of the Japanese
legation in this city, has furnished Secre-
tdry Sherman with a copy of the accept
ance by the Japanese government of Ha-
walls proposition 10 arbitrate the differ
ences between the two countries. The let
ter is addressed to H Shimamura Japan's
minister 20 Hawaii, and is signed by Count
Okumd. japanese minister of foreign az
fairs. After acknowledging the receipt of
Hawai's offer of arbitration, it says:
The imperial government are firmly con-
WINGED that their complaints in this matter
are well founded, and that their demands
are just and reasonable. Nevertheless, in
a spirit of Cancellation and in the hope
that their action may contribute to the
good relations of the two countries, they
have resolved to accept, subject to certain
necessary limitations and qualifications.
the proposal of the government OF HAWAII.
Accordingly, on the 18th ultimo l tele-
sraphed to you to the effect that the
Japan government accepted in principle
the suggestion of the government of Ha-
wall for arbitration, and that the terms
and conditions of such acceptance would
follow by mail
Il now confirm that telegram. and the
object OF this instruction is to explain the
nature of the terms and conditions, an ad-
hesion to which is in the estimation of the
imperial government essential to salts
factory issue of the contemplated arbtra-
ton
''T1e reasons assigned by the minister of
foreign affairs of Hawaii in favor of ar
bitratiOn make it also desirable that the
award. when pronounced, shall be of the
highest and most commanding character.
Consequently, the imperial government pro-
pose that the two governments shall, when
the proper time arrives, unite in requesting
that his majesty, the King of the Belgians.
may be pleased to accept the position of
sole arbitrator.
THE imperial government are. moreover.
persuaded of the desirabiity of expressly
defining the scope of the reference. not
only in order to tighten the 1abors of the
arbitrator but with the view as well that
the decision may address itself solely to
TIE tctua! points of divergence
We. therefore. propose that the two
governments shall agree to the essential
facts OF the case, and that the arbitration
snail be limited to specified questions at
law. and Gn 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 l should. in
this connection. state that for reasons
which fully set forth in another in
strdction. 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
ity of the treaty of 1871 to the Japanese
subjects other than those belonging to the
merchant class. shall be regarded as points
of issue upon which the decision of the ar
bitrator is to be invited
IF the government of the republic are
prepared to meet the imperial government
upon the foregoing essential points, it is
not apprehended that any difficulty will be
experienced in arriving at an understand
ing in reference to questions of minor inn
Portance-
You are consequently directed to COM
rnunicate a copy of this instruction to the
minister of foreign affairs as the reply of
the imperial government TO the suggestion
,r.a,,- r00ra of he n of
You will at the same time urgently impress
upon him the Importance from every point
of view of an immediate response"
The following extracts from the instruc-
tion referred TO by Count OkIma in the
foregoing letter explain why the Japanese
government wishes TO restrict the scope of
the arbitration:
In a letter to Hawaiian Minister Cooper
Count Okuma says that :he Hawaiian gov
eminent has persisted in shifting the issue
concerning the reasons assigned for refus-
ing TO allow the immigrants to land. On
this account il should not now OCCASION any
surprise, he believes, if the Japanese gov
eminent declines TO discuss the question
whether the possession by each free immi-
grant of $50 was bona fide CT not THE i'm
psriai government, he observes. main
tans that in the present case possession
vas prima facie evidence of ownership.
The Hawaiian government has frankly and
UEequ!yocally admitted that each of the
rejected free immigrants was actually in
possession of $50. and has. moreover. de-
clared that under The Hawaiian law pos
session is synonymous with Ownership
Consequently. the imperial government
denies that ii Yves at any time incumbent
on the immigrant TO prove that the possess
sion in question was bona fde. But even
T. that burden had at first rested on the
Immigrants. ii was shifted by the action of
the Hawaiian government in definitely as
signing another reason for the acts of ex-
pt lsion without calling in que stion the bona
foes Of such possession.
II ndcr any circumstances Ii would now
after this lapse OF time be unjust and I'M
reasonable to call upon the Immigrants to
prove such bona fdeS- Equally the i'm
periai government cannot consent to Join
ISSUE with Hawaii on the question whether
the treaty Of 1871 is linn ted to the merchant
class For mere than quarter of a CEN
tury the contrary has been consistently
held by both governments. All Japanese
and all Hawaiians are alike entitled to the
benefit of the treaty. The action of the
Japanese government in 1894 in throwing
and residence of all Hawaiiars, without dis
tinction of class or condition. was only
reconcilable with the contention that the
treaty is not restricted in its application.
and i am utterly at a loss to know the
grounds upon which Mr.. Cooper alleges
that the Japanese authorities In regard
to the immigration of Hawaiians to Japan
have adopted the narrower INTERPRETATION
of the treaty which the Hawaiian govern
ment has now for the first time put for
ward.
and again the convention of 1886 was
rot concluded with view of meeting a
CO siis omissus In the treaty Of 1871. On the
contrary, the history of the negotiations