The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1897-07-30
HAWAIIAN
ADvICES
Brought by the Steamer
Alameda
MINISTER COOPER INSISTS
THAT THE ISLAND REPUBLIC rs
RIGHT
MINISTER COOPER INSISTS
Early News Expected of Japan's Ac-
ceptance or Rejection of the
Offer to Arbitrate
Associated Press Special Wire.

Associated Press Special Wire.
SAN FRANCISCO, July 29.-The fol-
lowing Hawaiian advices were received
here today per steamer Alamed which
left Honolulu on the 22d inst:
Minister of Foreign Affairs Henry
e. Cooper has given out synopsis of the
correspondence in the japanese immi-
grant controversy. This was done in
Difference to the wishes of the support
ers of the Hawaiian republic, who were
at loss to know why this government
made an offer to arbitrate with Japan.
The letter of June 2S written by Minister
Cooper, containing the offer to arbitrate,
reads;
Referring to the subject of corre-
spondence between his imperial Japa-
nese majesty's government and the
government of Hawaii, relative to the
controversy that has arisen in regard to
the rejected immigrants, permit me to
add to my letter of the 25th inst. that
while still main tanning the integrity of
the position taken by this government,
yet should the parties fail to arrive at a
settlement Of the question am author
lied by this government in view of the
friendly relations that have so long ex-
listed between the two countries and the
mutual benefits of continuance of such
friendly intercourse, and the fact that
the important questions involved have
to do with the construction of the treaty
and convention now existing between
the two countries as we'll as a discussion
of the laws of this country, to suggest
that the matters at issue be referred to
a disinterested arbitrator or arbitrators
for settlement, and in case such sugges-
ton is accepted by his imperial Japa-
nese majesty's government to say that
the Hawaiian government will abide by
the result"
The next mail from Japan will be due
on the 9th, when it will be known def
nitely whether or not Japan will ac-
cept Mr. Cooper's offer.
In speaking of Count Okuma, Cooper
said: "Under date of Toxic, April 10,
and received by me a the hands of Min
lister Shimamura on May II, was a let
ter written by Count Okuma, Japanese
minister of foreign affairs, in which he
recites the fact of the nature of the emf
grants by the Shinshin Maru on April 8.
In this communication Count Okuma in
forms the government that he has given
thoughtful and deliberate consideration
to all the questions involved and, al
though influenced by a friendly desire
to accord due weight to every extenuat-
ing circumstance, the government con-
siders that the inhospitable acts COM
planned of were in derogation of the
conventional rights of japanese sub
jects.
Directly under the treaty of 1871, and
indirectly by application of the most
favored nation principle to treaties now
in force between Hawaii and other coun-
tries, Japanese subjects, absolutely and
equally with Hawaiian citizens, are at
liberty freely and securely to enter with
their ships and cargoes all places, ports
and rivers in Hawaii which are open to
foreign commerce.
''Second-They have the right to
travel, trade, reside ard exercise every
profession or industry in all parts OF
Hawaii.
"Third-They are entitled TO constant
and complete protection from the Ha-
waiian government for their persons
and property as well as in regard to civil
rights.
"Fourth-They are entitled to free and
easy access to the courts of justice of
Hawaii in prosecution and defense of
their rights, in every instance and de-
gree of Jurisdiction esta blished by the
laws, and
'Fifth-They are at liberty, upder any
and all circumstances, to choose and
employ lawyers and solicitors, advocates
or agents from any class whom they may
see fit to authorize and act for them, or
in their rame.
lin disregard of these rights wrote
Count Okuna, 460 japanese subjects
after being confined for some consid..
cradle time, and without airy judicial de-
termination, with having access to the
courts, without having permission TO
consult with our representatives, were
igr,ominously expelled from the coun-
try.
ut is not suggested that similar
treatment, un6=r any circumstances, be
meted out to Hawaiian citizens. In
fact. the action was based upon the fact
that the persons concerned were aliens,
W
to be without the territorial limits of
Hawaii.
Count Okuma said also that his gov
ernment was convinced that act II of
1895 and act 66 of the preceding year, If
correctly interpreted by Hawaiian au-
thorities, is in controvention of the ex-
isting treaty between the two govern
ments. The proper regulation of i'm"
migration, he admits, is the legitimate
exercise of the police power of the state.
and reasonable laws or that subject,
reason ably administered by Hawaii.
will promote NO remonstrance from
Japan. In the present case the laws
were reversal of the existing prece-
dents, arbitrarily and caprciously en-
forced, and that the extra judicial pro-
ceedings of the Hawaiian authorities
were rot conclusive and the, refusal of
the court appealed to, to intervene, was
denial of justice, the conclusion, being