The times., 1897-09-08
Text of the Note Accepting the
Proposal TO Arbitrate.
ACCEPTED THE LIMITATIONS
Convinced That Their Demands
Upon the Yonns Republic Are
just n2d reasonable, But Moved
by a Spirif OF Conciiiafion Points
All Issue Withheld.


tie note addressed by Count olsuIna, the
Japanese minister OF foreign affairs, 90
shimamura, japanese minis. 10 Hawaii.
The note is dated Toxic, August i, 1se7,
and is as follows:
Il received on The 18th nitimo your tel
egTam Announcing that the Hawaiian min
lister Of foreign affairs had, in writing, sug
lsestcd to yop that tie differences between
japan ahd Hawaii in regard 20 the rejected
Immigrants he referred for settlement 10
diSinteTesred arbitration. BY mail on the
IGih u.Liti." ! also Ier e.Ned from You
copy of the c0mmuai cation froa Mr..
Cocner, 10 Which your telegram had ref
oreEce
The imperial government are firmly
convinced that their COMPLAINTS in this mat
ter are ell founded, and that their de
uands are lrSt and Reasonable. Neyerthe-
| less, IL, a spirit OF conciliation, and in the
| hope hat their action may contribute 10
the good cel1t.Onsor he two countries, they
have resolved to accept, subject t0 certain
/ neces>ary lhHtations ana qualifications,
the proposal OF the government OF Hawaii.
Accordingly, On the 2Sth ultino / tele
grapned 10 you to the effect that the Japan
ese government accepted In principle the
sug-as. ion Of the government OF Hawaiifor
arbitration ana that the terms ana con
ditions Of such acceptance would follow by
mail
u ns.w confirm that Telegram, and the
object Lf this instruction is to explain the
nature Of the terms and conditions, an
adhesion TO which is, ia the estimation
Of the imperial government, essential 10 u
satisfactory issue Of the contemplated
arbitration.
The reasons assigned by the minister
! Of foreign affairs OF Hawaii in favor II
/ arbitration make it also desirable that
the award when pronounced shall be of
lhe highest and most commanding char
] acter. Consequently the imperial govern
Iaent propose that the two governments
! ahan, when the proper time arrives, unite
in requesting that his majesty the King
| or the Belsians may be pleased To accept
| the position OF sole arbitrator. The i'm
/ perial government are, moreover persuad-
/ cd OF the desirabt'ity Of expressly defin-
| ing the scope Of the reference, hot only
| in order to tighten the labors of the ar.
| i,itrator, but with the view as " ell that
the decision may address itself solely 10
/ the actual points of diversence. We there.
fore pIon2>e that thetwo governments shall
| agree 10 the essential facts OF the case
! and that the arbitration shall be limited
| TO specified questions at and Tin case the
/ award IS in favor of Japan the measure
OF damn ges suffered by the subjects Of
| his imperial ma testy.
1t IL due to fTankneSs that I should, in
this Connection. state that for reasons
! which are TuHy set forth in another in-
/ structipn, the imperial government cannot
/ consent that the ques ton of the bona fides
OF the possession Of $50 by each of the
rejected free Iaborers, or OF the applica-
hihty of The treaty Of 1871 to japanese
subjects other than those belonging to the
merchant class shall be regardedas points
Il Issue mon " hich the decision of the
arbitrator is To be invited.
II the government of the republic are
prepared 10 meet the imperial governme
uDan rhe foregoing essential points, it Is
not apprehended that any difficulty win
be experienced in arriving at an under
standing in reference TO questions Of minor
Importance.
= X-su are consequently directed to com
niunicate a copy Of this instruction to the
minister Of foreign affairs as the reply OF
| the imperial goyernIn mt to the suggestion
contained IA his note OF the 2Sth Of June
You viii at thesame rim4 urgently impress
upon aim tll= Importance from every point
of view Of ar immediate response
Tie fOl9Hing extracts from the in
struction referred TO 10y Count Okuma in
the foregoing letter explain whythe Japan
| eSe government wishes to restrict the scope
| OF tire lrhitratiar
Abiding 20 Air. Cooper objection u the
use of the words arbitrary and capri
cious ia chsracterIZing the refus al of the
Hawaiian government To allow the Japan
ese Immigrants 20 land, Count Okuma saws.
Mr.. Cooper, I observe. ia kes exception
to the words employed by me in criticisms.
tie action of the Hawaiian authorities.
He VIII, / am sure, understand that I
have TO intention of making use of a
single expression that could not be fully
sustained. ] should be sincerely gratiffed.
in the interest Of the neighborIy senti.
ments which have SO long united the two
Countries, IL I could find any reason. to
moderate the views which I have felt
bo,ind 90 formulate. But, unfortunately.
there is nothing either in the notes under
chnowledgment or in the more recently
the acts complained OF in a more favora bic
light In nay instruction OF June II, /
expressed the finn conviction that the acts
Of expulsion were in violation of treaty
stipnlations; were without warrant or due
process OF law and In disregard of the
remedial rights OF the expelled Immigrants
and also that those immigrants had been
restrained OF their liberty That instruc-
ton has not yet beeI answered and un.
less it can be shown that the conviction
thus advanced Was erroneous, shall not
be able to admit that any word having
loss precise meaning than arbitrary
would acclH ateiy describe the nature Of
the proceedings complained of.
II he GnaccountaFle delay in the assign
ments 1f the reasons for denying resi-.
Dental rights, more especially in respect
Of he passengers per the steamship Shin
shiu- Marn aud Sakura- Mura, and the
present attempt TO substitute other rea-
sons for those originally advanced; the
uncertainty when or hy whom tie several
inquiries o. Investigations leading up 10
the act of expulsion were actually con
dncted the doubt when or by whom the
qlalficati0nsor Of the Immigrants werefinaIly
determine1, tie fact that distinctions were
made between individual immigrants, w bo,
m contemplation OF tbs. treaty and the laws
OF Hawaii, stood absolutely upon an equal
fgn'ing, and, finally, the circumstance that
the new policy OF wholesale exclusion was
suddenly inaugurEted without any notice
whatever to Japan and in direct and absr-
ilte CONTRADICTION OF tie pre-e xisting DraC-