The record-union., 1897-07-30

CONTROVERSY,
Synopsis OF the Correspondence in
the Immigrant Affair
Given Out by the Minister of Foreign Affairs
of Hawaii.
The Hawaiian Government Pro-
poses to Japan That the Matter
at Issue be Referred to a Dis
traitors for Settlement, With
Will Abide by the Result.

SAN FRANCISCO, July 29.-The fol-
! lowing Hawaiian advices We're received
here to-day per steamship Alameda,
which left Honolulu on the I'D 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 sup
porters of the Hawaiian Republic, who
were at a loss to know why this Gov
ernment made an offer to arbitrate
with Japan.
The letter of June 2Sth, written by
Minister Cooper, containing the offer
to arbitrate, reads:
Referring to the subject of the cor
respondence between his imperial Jap
anese Majesty's Government and the
Government of Hawaii relating 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 maintaining the in
tegrity of the position taken by this
Government, yet should the parties fail
to arrive at a settlement of the ques-
tfon, L am authorized by this Govern
ment, in view of the friendly relations
| that have so long existed between the
two countries, and the mutual bene-
fits of a continuance of such friendly
intercourse, and the fact that the i'm
portant questions involved have to do
with the construction of the treaty and
convention now existing between the
/ f,sitae.
of the laws of the country to suggest
that the matters at issue be referred
to disinterested arbitrator or arbitra-
tors for settlement, and in case such
suggestion is accepted by his imperial
japanese 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
definitely whether or not Japan will ac-
cept Mr.. Cooners offer.
In speaking of Count Okuma, Cooper
said: Under date of Toxic, April 10Th,
| and received by me at hands of Min
lister Shimamura on May 11th, was a
! letter written by Count Okuma jap
anese Minister of Foreign Affairs. in
! which he reciteS the fact of the ma
ture of the immigrants by the Shinshin
Masu on April 9th In this communica-
| ton Count Okuma informs the Gov
ernment that he has given thoughtful
| and deliberate consideration to all the
/ questions involved, and, although in
| fiuenced by a friendly desire to accord
| due weight to every extenuating cir
cumstance, the Government considers
/ that the inhospitable acts complained
| of We're in derogation of the conven-
| tional rights of japanese justice.
| "First-Directly under the treaty of
| 1911, and indirectly by application of
| the most favored nation principle to the
! treaties now in force between Hawaii
and other countries, Japanese subjects,
absolutely and equally with Hawaiian
| citizens are one, at liberty, freely and
/ securely, to enter with their ships and
| cargoes all places, ports and rivers in
/ Hawaii which are open to foreign com
! merce.
'Second-They have the right to
| travel, trade, reside and 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 we'll as in regard to
| civil rights.
! "Fourth-They are entitled to free
and easy access to the courts of JUS
tice of Hawaii in prosecution and de-
fense of their rights, in every instance
and degree of Jurisdiction and estab-
/ lished by the laws, and
V'box- o,o -
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 name.
] In disregard of these rights wrote
Count Okuma; 400 japanese subjects,
/ after being confined for some consider
/ able time and without any judicial de-
/ termination, with access to the courts.
without permission to notify the Japa-
nese Consul, were ANONYMOUSLY ex-
/ PEELED from the country
1T is not suggested that similar
| treatment were, under any circumstan-
ces, to be meted out to Hawaiian citi-
zens. In fact, the action was based
upon the fact that the persons con-
cerned were aliens. who, by statutory
fiction, were deemed to be without the
territorial limits of Hawaii.
Count Okuma said also that his
| Government was convinced that Act II
of 1895 and Act 66 of the preceding
year, if correctly interpreted by Ha-
waiian authorities, is in contravention
/ of the existing treaty between the two
/ Governments. The proper regulation
/ of immigration, he admits, is the legiti-
mate exercise of the police power of
the State and reasonable laws on that
1 subject, reasonably administered by
| Hawaii, viii promote no remonstrance
from Japan. In the present case the
/ laws were a reversal of the existing
precedence arbitrarily and capriciously
/ enforced, and that the extra judicial
proceedings of the Hawaiian authori-
i ties were not conclusive, and the refu-
sal of the court appealed to to inter-
vene was a denial of justice, the con-
clusion being that the japanese Gov
ernment entertained the expectation
that this Government will recognize
| the principle of indemnification and
| further, that they ask for additional