The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-09-03


OF divergence. They, therefore, pro-
pose that the two Governments shall
agree to the essential facts of the case,
and that the arbitration shall be linn
tied to specified questions of law and
lin case the award is in favor of Japan
the measure of the damages suffered
by the subjects of His Imperial Maj
esty. 1t is due to frankness, that
should, in this connection, state that
for reasons which are fully set forth
in another instruction, the Imperial
Government cannot consent that the
questions of the bona-fides of the pos
session of $50 by each of the rejected
free laborers or of the applicability Of
the treaty of 1871 to Japan's subjects,
other than those belonging to the mer-
chant class, shall be regarded as points
at issue upon which the decision of
the arbitrator is to be invited.
eff the Government of the Republic
are prepared to meet the Imperial Gov
ernment upon the foregoing essential
points, it is not apprehended that any
difficulty will be experienced in arriv-
ing at an understanding in reference to
the questions of minor Importance.
"You are consequently directed to
communicate a copy of this instruc-
tion to the Minister of Foreign Affairs
as the reply of the Imperial Govern
ment to the suggestion contained in his
note of the 2Sth of June. You will, at
the same time, urgently impress upon
him the Importance from every point
of view of an immediate response.
81 am, sir, very respectfully,
COUNT OKUMA SHIGENOBU,
Minister for Foreign Affairs"
To this Minister Cooper replies as
follows:
Honolulu, Fl. l., August 80, 1897.
His EXcellency, H. Shimamura, H. I.
J. MS Minister Resident, Honolulu:
''Sir:-Adverting to the letter of in
struction addressed to you by Count
Okuma ShigenObu, under date of the
4th inst, wherein he confirms his tele-
gram which was to the effect that the
Japanese Government accepted in prin-
ciple the suggestion of the Hawaiian
Government for arbitration, and also
states the nature of the terms and con-
ditions considered essential by the I'm
perial Government to a satisfactory
issue of the contemplated arbitration,
a copy of which accompanies your Let
ter of the 10th inst, have the honor
to say:
THAT this Government recognizes
the desirability of expressly defining
The scope of the reference, and for that
reason regrets that His Excellency's
letter does not more fully define the is
sues which the Imperial Government
would be willing to submit for de-
cision.
eff 1 understand His Excellency cor
rectly the Imperial Government can
not consent to the submission to arbi-
tration of the question of the bona
fdes of the possession of the $50 by
each of the rejected immigrants, or the
of the treaty of 1871 to
Japanese subjects other than those be-
longing to the merchant class. This
being so, it is suggested that this Gov
ernment cannot be expected to give it's
reply as to whether or not this pro-
posal is acceptable until the points
which the Imperial Government are
willing to have submitted to arbitra-
ton are definitely made known to it;
and in the absence of an agreement as
to the scope of the reference, it is like
wise suggested that no answer can be
expected in regard to the choice of ar
ttIn view of this, / am under the
necessity of asking that His EXcellency
fully define the points which the I'm
perial Government consider at issue,
upon which the decision Of the arbi-
traitor is to be invited
with sentiments of the highest con-
I have the honor to be, sir,
Your Excellency's obedient servant,
(Sig.) "HENRY E. COOPER,
Minister of Foreign Affairs
The publication of the letters has
caused much comment, and Minister
Cooper comes in for much praise for
MS admirable and diplomatic letter.