The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-07-14


ans protest is somewhat lengthy. Tie
main points are contained in Minister
Taru Hoshi's letter of June 10.
JAPANESE PROTEST..
After preamble, the Minister sai1:
81 have now The honor to inform
you that | am instructed by his I'm
perial Majesty's Government to for
mally protest against the proposed an
nexation of the Hawaiian Islands to
the United Sta,es. This protest is
made for the following reasons
First: The maintenance of the
status quo of Hawaii is essential 10
the good understanding of the Powers
which have interests in the Pacific.
Second: The annexation of H1-
wai would tend to endanger the resi-.
Dental, commercial and industrial
rights of japanese subjects in Hawaii.
assured to them by treaty and by the
constitution and laws of that coun-
try.
Third: Such annexation must Lad
to the postponement by Hawaii of the
settlement of claims and liabilities al
ready existing ir favor of Japan under
treaty stipulations." .........
SHERMAN'S REPLY.
Mr.. Sherman's reply was published
July 2nd After quoting the grounds
on which Japan made its protest, the
Secretary of Stae says:
"This recital is of itself proof that
your Government has misapprehended
the statements and assurances con-
tained in my note and in its relation
to the treaty question involved, strong
lv suggests confusion between the for
NAL stipulations of treaties and the
vested rights which the subjects of
one country may acquire in another
under treaty or the law Of the land.
"The principle of public law where
by the existing treaties of a state
cease upon its Incorporation into an
other state is well defined by Halleck,
who says: But the obligations of
treaties. even where some of their
stipulations are in terms perpetual,
expire in case either of the contra ct-
ing parties loses its existence as an in
dependent state, or in case it's inter-
nal constitution is so changed as to
render the treaty inapplicable to the
new condition of things
''The forcible Incorporation of Han
over into the Prussian Kingdom in
stantly destroyed the previous Han.
overian treaties. The admission OF
Texas to Statehood in our Union by
joint resolution eXtinguished the
treaties of the Independent Republic
of Texas. The recent French law de-
claring Madagascar to be a colony oi
France ended the former treaties II
that Kingdom.
SIT is the fact, not the manner ot
absorption that determines treaties
1t does not even follow that the eX
isting treaties of the absorbing stat
extend to the acquired territory.
"The treaties of the German Empire
are held not to apply to the cedet
French provinces of Alsace and Lor
raine.
"What the Hawaiian treaty of an
neXation proposes is the extension o.
the treaties of the United States tc
the incorporated territory to replace
the necessarily eXtinguished Hawai-
ian treaties in orded that the guaran
tees of treaty rights to all may bt
unquestionable and continuous. Tt
this end the termination of the exist
ing treaties of Hawaii is recited as {
condition precedent. The treaty of an
neXation does not abrogate those in
struments. 1t is the fact of the Ha
waits ceasing to exist as an independ
ent contract that eXtinguishes thos,
contracts.
"As to the vested rights, if any b,
established in favor of Japan and o
I'dpdhNSt SubItclS III ildNdll, Ille cast
is different, and I repeat that there
is nothing in the proposed treaty pre-
judicial to the rights of Japan
Gas to the point that the mainten
ance of the status quo of Hawaii il
essential to the good understanding
of the Powers which have interests in
the Pacific it is sufficient to remarl
that as a fact, through three-quarter
of century, in which the constitu
tion and Government of Hawaii anC
the commerce OF the islands with tn,
world have undergone notabl,
changes, the one essential feature o
the status quo has been the predoml
nant and paramount influence of tn,
Continued on Page FjVe.)