New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-08
1ApAN'S REPLY TO HAWAII.
rrpMs on WHICH SHE WILL CONSENT
TO ARBITRATION.
,o,xrs WHICH SHE REGARDS As not OPEN TO

-, u,rcu SHE REGARDS As not OPEN TO
,,scrssIoH AND WHY sHE WISHES TO RE
STRICT THE SCOPE or TIE INQUIRY
washington, Sept THE full text Of the
.o,-,ol acceptance by the japanese Governments
:, .bA proposal 10 submit its differences Win
,JauaH 10 arbitration has been received III th's
,i,y and copy was delivered TO secretary
sherman to-day by the Secretary OF the Japan
ess Legayon Mr.. Matsui. Il Is from Oo"t'
okuna. the Minister Of Foreign Affairs 10 ~
sbmahura. the Japanese Minister 10 h"N"",
AMER acknowledging the receipt Of Hawai-"
offer Of arbitration. it says:
The Imperial Government is army co con wCIi
that their complaints in TINS M ,,.t AID r..,-
FUNDED and that their demands axe }"St oniiaiion
enable. Nevertheless, in .PIl' '1 coo,ripu .,
70 the good relations OF the t"G rsres
have resolved 20 accept sH'JSC, 80 ~, PROPOSAL OF
'ns c19rdngiy. on the 18th ult. tee.raphs 10 you
- ~ erscyy tLat he japanese GoyernmGnt &C.
ssn,ed in principle the suAScSton O. tiv '..,.n.
SG OF Hon. II fG tu 9h'3 d w y
mai / now confirm that teieeTapn; %hr o ,u ~
iect OF this Instruction IS q" explain Nne n"t"t ~
ne terms and conditions adhesion to which Is, III
~ estir1atIon Of The Imperial GO'eIlm'h', essen,
tial 10 a satisfactory issue ot tno contemplate"
l rt3sons assigned BY the Minister of Foreign
,4e,rs 81 Hawaii in favor Of arbitration make i
KS desirable that the award when Pronounced
~ '7 ~ the Impera, Government pro
,,ss tnat III, TWO governments shat when ~"
S oPsr 5 5e Tige Of ihs Btsans may be Pleased
- accep: The position OF sole arbiler alone, nor
shaded O: he desirability Ct expressly defining the
scope 0: the reference not only In order 20 Hsh'Gn
yrr t5st the decision may address ITSELF solely 10
the ac'ual points OF divergence, we therefore PRO
go INA, the two governments shall agree 70 the
essential facts of the case and that the arbitration
DC in faVO NJ
ure Of damages suffered by the subjects o. his
IL due 20 frankness that should in this
nfs.ion state that for reasons which are fully set
:Orh in another ia5rucon the impsTa G 81 i6c
lsa9ss 9 aSoreTs or OF the apca by the
iyssv Of ISL 10 the japanese subjects ether than
those belonging to the merchant class shall be
regarded as points Of issue upon WnIch the oec'-
II the Government of the Republic are prepared
90 me-: me Imperial Government upon ne t2fe .
ANY difficulty will be experienced in arriving at an
Van IN aT 10 reced to COM
munlcate copy of this Instruction TO the Minister
Of Fresa A"Fs as see rFpy c0 on IN his
note Of the 18th OF June You vii at the same
time urgently impress upon him the importance
9m am e .r etc., Ponc q HST oUMH sHiGENoT
Minister of Foreign Affairs
The following extracts from the instruction
referred q by Count Okuma in the foregoing
letter explain why the japanese Government
wishes 10 restrict the scope Of the arbitration
Abiding To Mr.. Cooper's objection To the use
Of the words '1rbitrary" and "capricious' In
characterzing the refusal OF the Hawaiian Gov
eminent TO allow the Japanese immigrants TO
land Count Okuma says:
Nj Cooper. observe, takes exception 70 the
the Hawaiian authorities, He Will, am sure. ul
derstand that have no intention Of making use
tanned. ! should be sincerely gratihed. in the IN.
terest Of the neighbory sentiments WISH ,a and
any reason to moderate the views which l nav, nave
felt bound to formulate But unI3rtunaie indse
Inent or in the more recently developed iacts OF
the case efang 81 pa Sh 'h In my Of
June y expressed the firm conviction tnat tine rne
istions We're without warrant or due process Of
law and in disregard OF the remedial rights OF
nns had been restraned of their liberty That
instruction has not yet been Sus a advanced
vas erroneous I shall not be able to admit that
arb T9rS Would accu!atey describe the nature
Of the proceedings compliance OF: .s,uu,,ar. ~
the reasons for denying residential rights, more
especia ly in respec, of the passengers per the
for those originally advanced the uncertainty When
ieading up to the act of expulsion were actually
conducted; the doubt when or by whom the guai-
mined; the fact that distinctions were made be-
tween individual immigrants, who In contempla,
Ton OF the treaty and he laws OF Hawau; stood
absolutely upon an equal footing: and, finally, the
circumstance that the new po icy Of wholesale ex-
cluson was suddenly inaugurated, without any
notice whatever Japan, and in direct ana aoso-
lutte contradiction OF the pre-eXisng practice, all
unite 10 give the proceedings character 20 which
the application Of the term "capricious" does not;
am well persuaded. exceed the bounds Of fair and
Just comment and condemnation
The Hawaiian Government Count Okuma
goes on to say, has persisted in shifting the
issue concerning the reasons assigned for re-
fusing TO allow the immigrants TO land. On this
account II should not now occasion any surprise
he believes Il the japanese Government declines
10 discuss the question whether the possession
by each free immigrant Of $50 was in good faith
"The Imperial Government" he observes
maintains that in the present case possession
was prn1a face evidence Of ownership. The
Hawaiian Government has frankly and une-
Quivocally admitted that each OF the rejected
free immigrants actually in possession OF
$50 and has moreover declared that under the
Hawaiian Jaw possession is synonymous with
ownership Consequently the Imperial Govern
ment denies that IL was at any time incumbent
upon the i'm ii grants to prove that the pos
session in question was bona fde.'