The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-23
Perpetual Treaty Rights.

While Congress and the President will
consider doubtless in a patient and friendly
spirit Japan's protest against our annexa-
ton of the Hawaiian Islands, 1t would of
course be preposterous to suppose that this
protest could avail to set aside the project.
The Mikado's Government seems to have
two grievances. One is sentimental. arts
ing from discourtesies which 1t thinks 1t
has received from both Hawaii and the
United States through the failure to impart
to it such advance information about the
treaty negotiations as other countries OBJ
tanned. This may be felt the more keenly,
inasmuch as Japan had complained already
that Hawaii prematurely published certain
diplomatic correspondence on the immigra-
tion dispute IN violation of diplomatic pro-
prieties. But perhaps this part of her
troubles can be removed by proper repre-.
sensations and, II need be, apologies, with
assurances hat no slight was meant.
More serious, as not pertaining to sensi-
tiyeness regarding etiquette, Ii Japan's OBJ
lection that her treaty rights, secured from
Hawaii, will be taken away by annex alton.
Yet, perhaps, also, as to that a satisfactory
solution can be found. Japan has obtained.
under her treaty of 1871 with Hawaii, GER
tain rights Of travel, trade, and residence for
her subjects, and she also has the benefit of
certain customs duties under the most
favored nation principle. In addition to
the question Of citizenship rights. comes
mp that of the pending pecuniary claims
against Hawaii for alleged violations OF
the immigration agreement.
1t must be borne In mind, however, that
We also made a treaty with Japan recently,
and In some of It's provisions, to 20 into
effect year after next, we. too, have raised
her to the favored nation footing. Again,
while 1t Is true that, under Article III.
of the pending annexation treaty, "the ex'
listing treaties of the Hawaiian Islands
with foreign nations shall forthwith cease
yet they are to be "replaced by such treaties
a. may exist or as may hereafter be con
Guided between the United States and for
eign nations" and, furthermore, "the ex
listing customs relations of the Hawaiian
Islands with the United States and Other
countries shall remain unchanged" until
other regulations are made. Article vi. en-
pressly agrees that the President shall ap
point Commissioners to recommend AM
needed legislation to Congress.
Japan, as 1t seems to US, does not really
expect to prevent annexation by her pro
test, but objects that her rights have moi
been guarded expressly in the pending
treaty. Al other words, she is compelled
to trust US to do her Justice. But In thu
nature of the case, u treaty of this charac
tor will hardly go into specific details con
corning Hawaii's dealings with any partic
ulsr nation except our own. The one thins
out of the question is to hold that treaty
rights, even when no provision Is made fol-
Observation-Disclosures, otherwise than by mu
tual consent, are eternal and indefeasible
One OF the most palpable cases in which
they lapse is that in which either contract
Ing party ceases to be a sovereign power
n that Is the very case before us.
Hawaii, in good faith, as an Independent
nation made a treaty with Japan. It Is no
sAAtSnaEy IN such documents to imply