The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1897-08-11
OFFERS TO ARBETRATE.
PROPOSITION MADE eY HAWAIIAN
GOVERNMENT TO JAPAN.

he Issue Not Kuowa-Jspsn Makes
claim for Indemnity fer Improper Treat
ment Of Her Subjects.
The following advices were received
! & San Francisco Thursday. per steam
hip Alameda, which Jeff Honolulu
n the I'd instant:
Minister of Foreign Affairs Henry
D. Cooper has given out a synopsis OF
he correspondence in the Japanese
immigrant controversy. This was
lone in Difference to tee wishes OF the
Importers of Hawaii, who are at q
oss to know why this government
made an offer 10 arbitrste with Japan.
che letter of June 2Sth, written by
Minister Cooper, containing the oh@r
o arbitrate, remarks:
referring TO the subject Of CORE
pondence between his imperial Japa-
heae majesty's government anc the
government of Hawaii, relating to the
controversy that has arisen in regard
10 the rejected immigrants. permit ME
: add to my letter of the 25sh instant
That, while still maintaining the in
&eerity of the position taken by the
kcvernment, yet should the parties
fail to arrive at a settlement of the
I am authorized by this gov
Eminent, in view of the friendly rela.
ions that have so long existed between
The two countries and the mutual ben.
bfts of q continuance of such friendly
intercourse, and the fact that impor-
tant questions involved have to do
with the construction of the treaty and
HE convention existing between the
wo countries. as well as a discussion
If the laws of this country, to suggest
that the matter at issue be referee to
B disinterested arbitrator or arbltrators
Nor settlement, and in case such sug-
kestion is accepted by his imperial Jap
Rnese majesty's government to ssy
that the Hawaiian government will
abide the result"
The next mail from Japan will be
due on the 9th, when it will be
known definitely whether OF not ia
pan will accept Cooper's offer.
In speaking of Count Okuma's doc
ument, Cooper said:
"Under date of Toxic, April 10, and
received by me sc the hands OF Mr..
|Shimamura on May II, was a letter
written by Count Okuma, Japanese
minister of foreign affairs, in which
Bhe recited the fact of the nature of the
Iemigrants by the Shinshim Maru on
April 9. In this communication Oku-
informs the government that he
has given thoughtful and deliberate
confederation to all the questions in
volyed, and although influenced by q
friendly desire to accord due weight
Ito every existing circumstance, the
government considers that the inhoS.
|pitable acts complained Of were in de.
|rogation of the conventional rights of
Japanese subjects.
"Directly under the treaty OF 1871
and indirectly by application of most
Favored nations principal to treaties
now in force between Hawaii and 9TH
1er countries, Japanese citizens are at
liberty freely and severally to enter
with their ships and cargoesall places,
ports and rivers in Hawaii which are
open to foreign commerce.
20. They have the right to travel,
trade, reside and exercise every pro-
fession or industry in all parts OF Ha-
wall.
So. They are entitled to constant
and complete protection from the Ha'
waiian government for their persons
and property as well as in regard to
the civil rights.
~. They ara 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,
5. They are at liberty under any and
all circumstances to choose and IN
ploy lawyers and solicitors, advocates
or agents from any class who they
may see fit to authorize to act for them
or in their name. In disregard OF
these rights wrote Count Okuma, 460
Japanese subjects, after being confn-
ed for some considerable time and
without any judicial determination,
without having access to the courts,
without having permission to consult
with our representative, were igno-
miniously expelled from the country.
1t is not suggested that similar
treatment would under any circum-
stances be melted out to Hawaiian citi-
ems. In fact, the action was based
upon the fact that the persons con
cerned are all aliens who by statutory
action were deemed to be without the
territorial limits of Hawaii.
Count Okuma said also that his
government was convinced that act II
Of 1895 and act &C of the preceding
year, if correctly interpreted by Haw-
allan authorities, is in contravention
of the existing treaty between the two
governments. The proper regulation
Of migration, he admits, is the legiti-
mate exercise of the police power of
the State, the reasonable laws on the
subject reasonably administered by
Hawaiians will provoke TO remon-
STRANGE from Japan. In the present
case he laws were a reversal of the
existing precedence, arbitrarily and
capriciously enforced and that extra
Judicial proceedings of the Hawaiian
authorities were not conclusive ard
the refusal of the court appealed to. to
intervene was a denial, of justice.
The conclusion being that the Japan
csc government entertained the ex-
pectation that this government will
recognize the principle of indemnif,
cation and, further they ask for the
additional assurance that theseacts will
not be repeated.