San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-07-03
REPLIES 70 JAPAN'S NOTE
Secretary Sherman An
SWerS Politely.
GOES INTO DETAILS OF THE
HAWAIIAN ANNEXATION
TREATY.
And Explains How 1t Would Effect
Treaties As 1t Has Done Here
tOfOre Wherever A Small
Country Was Absorbed
By Another.

New York, July "a special to the
Tribune from Washington gives the
full text of Secretary Sherman's reply
to Japan's protest against the annexa-
ton of Hawaii by the United States.
After quoting the grounds on which
Japan made it's protest, the secretary
of state says:
This recital is of itself proof that
your government has Inexperienced
the statements and assurances contain
ed in my note and in its relation to the
treaty question involved, strongly sug-
gests confusion between the formal
stipulations of treaties and the vested
rights which the subjects of one coun-
try may acquire in another under trea-
ty or the law of the land. The princi-
pie of public law, whereby existing
treaties of a state cease upon it's in
corporations into another state is we'll
defined by Halleck. who says: but
the obligations of treaties, even where
some of their stipulations are interms
perpetual, expire in case either of the
contracting parties loses it's existence
as an Independent state, or in case its
internal constitution is so changed as
to render the treaty inapplicable to the
new condition of things"
Continuing, the secretary says: The
question concerns the absolute union
of two states whereby one ceases to ex-
list and becomes in the body polite of |
the other. The history of Europe, of |
America, of the whole world, is full of |
examples from remote periods to our |
own days, where independent states |
have ceased to be such through con- |
strained or voluntary absorption by |
another with attendant extinction Of |
their former treaties with other states
or countries.
1t needs no stipulation in a formal
annexation treaty to work this result
for ii attends defacto annexation,
however accomplished. The forcible
incorporation of Hanover into the
Prussian kingdom instantly destroyed
previous Hanoverian treaties. The ad-
mission of Texas to statehood in our
union by joint resolution extinguished
the treaties of the independent repub-
lie of Texas. The recent French law
declaring Madagascar to be a colony
of France ended the former treaties of
that kingdom. 1t is the fact, not the
manner of an absorption, that deter
mines treaties.
1t does not even follow that the ex-
listing treaties of the absorbing state
extends to the acquired territory.
The treaties of the German empire are
held not to apply to the coded French
provinces of Alsace and Lorraine.
What the Hawaiian treaty of annex
alton proposes is the extension of the ,
treaties of the United States to the in ,
territory to replace the nee !
essaryily extinguished Hawaiian trea- 2
les, nj order that the guarantee of ,
reaty rights to all may be unquestion-
Lble and continuous. To this end the q
of the existing treaties of @
Hawaii is recited as a condition pre- Y
edent. The treaty of annexation does T
lot abrogate those instruments; it is s
he fact of Hawaii's ceasing to exist I,
s an independent contractant that ex-
inguishes those contracts. u
AS to the vested rights, If any be es- d
ablished in favor of Japan or japan d
sc subjects in Hawaii, the case is diff Il
erent, and repeat that there is moth "
ng in the proposed treaty prejudicial b
D the rights of Japan. L
Treaties are terminable in variety Il
( ways; that Of 1886 between Japan T
nd Hawaii, to which your protest is OF
opposed to relate is denounceable by in
ither party on six months notice, | ii
ut its extension would not more ex- al
nguish vested rights previously ac-
uired under its stfpulations than the | 81
epeal Of a municipal law affects the G.
ghts Of property vested under its pro- ty
Isions, in
AS to the point that the maintenance W
the status quo of Hawaii is essen H
al to the good understanding Of the dc
owers which will have interest in the bI
acific, 1t is sufficient to remark that, bI
! fact, through three quarters Of a lii
injury in which the constitution and
Of Hawaii and the COM Al
cree of the island with the world sa
i've undergone notable changes, the Sc