The record-union., 1897-07-27

termination of those treaties and con- |
ventions and the consequent cessation |
for the future Of the privileges granted |
Hereunder
THE justice or expedfency of extend |
ing to Hawaii the treaty Of 1858, at
present subsisting between Japan and
the United States, is quite another
question. Such extension might be in
ferred from the language of the second
paragraph of Article 3 of the proposed
treaty of annexation, which also pro-
vides for the extinction of Hawaii's
existing treaties, but the treaty of 1853
is wholly non-reciprocal, and the I'M
perial Government is not prepared to
admit that IL could be extended with
out their consent.
Under the circumstances only the
most cursory view of the actual situa-
ton is required to show the disad-
vantageous position in which Japan
would be placed by the abrupt termin-
alton of her treaties and by the conse-
quent absence of satisfactory conven-
tional sipulations for the protection of
her rights and the interests of her
people.
The sphere of Japans expanding ac-
with Hawaii is important, and nearly
2o,000 Japanese subjects are now resid-
ing there
Her commerce with the United
States and Canada is constantly in
creasing. In Mexico and Central Amer
lea Japanese immigrants are welcomed
and trade is springing into existence.
One of the largest Japanese steamers
1feal lFr ,Nlia
United States, and another is about to
be established. 1t is not too much to
predict that the near future will wit
ness the inauguration of another trans
pacific service. All or nearly all these
lines of steamers will make Honolulu
port of call.
The Importance to Japan of the
stable and well recognized commercial,
residential and Industrial status which
her subjects have gained in Hawaii is
consequently evident. The growth and
prosperity Of the interests I have emu
merated depend in no small measure
upon it, and hence it must be acknowI-
edged that the concern which the Jap
anese Government feels in the main
tenance of the rights that underlie the
welfare OF Japanese subjects in Hawaii
and the prosperity of Japanese COM
merce in the Pacific is both legitimate
and commendable.
In the note under reply you intimate
that vested rights, if any be abol-
ished.' Japan or Japanese subjects in
Hawaii will be respected AS germane
to this branch of the subject, have the
honor to call your attention to a note
addressed on March 4, 1896, by your
honorable predecessor, Mr. Bayard, to
Mr.. Won Albanselben, the German Min
lister to the United States, in reply to
the official announcement of the protec-
torate established by Germany over
certain island groups in the Pacific.
Referring to the declaration on be-
half of the German Government that
'well-established rights of third par
ties We're to be represented, Mr. Bay
ard replies that in the absence of pre-
else knowledge as to the meaning in
tended to be given to the term well
established rights he believed that he
interpreted it rightly as a declaration
that American citizens who already
had established or might establish
thereafter themselves on the island in
question in peaceful accord with the
natives and on a footing of perfect
equality with settlers of German and
other nationality would not be disturb
ed in their rights of residence or other
wise disseminated against as COMPARED
with German subjects by reason of the
establishment of a German protector
ate.
Without pausing to consider the an
elogy in many essential places between
the principle thus announced by the
United States in 1886 and that now
maintained by Japan, / have the honor
to state that if the United States Gov
ernment attach to the expression vest
ed rights the same significance given
in Mr.. Bayard's note to the term we'll
established rights, the Imperial Gov
eminent would have little to complain
of under this head
But the absolute extinction of ia
pans treaties and conventions without
even the formality of previous notice
creates a very different situation. not
alone by removing conventional privi-
leges and exemptions, but also by sub
stituting therefor new and burdensome
changes.
In that case the application of the
United States customs laws to Hawaii
"Olbld NlICCh llHC IulflIltI ueNtlODI1l60W OIL
japanese trade, the extension of United
States naturalization and immigration
laws would be detrimental to the future
residential and industrial rights Of Jap
anese subjects and enforcement of Uni
ted States navigation laws, making the
carrying trade between this country
and Hawaii a part of the coasting
trade, would probably prove fatal to
the interests of Japanese steamship
lines crossing the Pacific.
with reference to the third point set
forth in my note of the 10Th ult. | have
the honor to observe that the Imperial
Government have large unliquidated
claims against Hawaii for what they
deem to be clear and deliberate viola
tions of treaty. Regarding the inherent
justice of these claims the Imperial
Government entertains no doubt what
ever, and bearing in mind the clearest
provisions of international laws they
cannot admit that any alteration in the
Hawaiian statutes would in the least
tend to relieve Hawaii of liability.
1T might easily happen, however,
that the change in negotiations conse-
quent upon the consummation of the
proposed project of annexation would
tend to delay an adjustment that ought
not to be postponed.
Z should signally fail in the duty
which has been intrusted to me if 1 did
not add that this full and frank expla-
nation of the views of the Imperial
Government is due, not alone to their
wish to protect the interests confided
to their care. but also to their desire
to remove all possible cause for misun-