The news & observer., 1897-09-08
AN ARBITRATOR NAMED
JAPAN PROPOSES REFERENCE
TO KING OF BELGIANS.
CANNOT CONSENT TO CERTAIN THINGS.
The $50 Per Capita Condition Objected to as
Also is Applicability Of Treaty Of
1871 to Other Than the Mer-
chant Class,
chant Class,

Washington, ID. c., Sept THE full
text of the formal acceptance by the
japanese government of the proposal to
arbitrate its differences with Hawaii has
been received in this city and copy was
today delivered to Secretary Sherman by
the secretary of the japanese legation,
Mr.. Matsui. 1t is from Count Okuma,
minister of foreign afairs, to III. Shi-
mamura, Japanese minister to Hawaii.
After acknowledging the receipt Of Ha-
waits offer of arbitration it says:
'1he imperial government are firmly
convinced that their complaints in this
matter are well founded and that their
demands are just and reasonable. Never
theless, in a spirit of conciliation and in
the hope that their action may contribute
to the good relations of the two coun-
tries, they have resolved to accept, sub
| ject to certain necessary limitations and
qualifications, the proposal of the govern
ment of Hawaii.
Accordingly, on the 2Sth ultimo, tel.
egraphed to you to the effect that the
japanese government accepted in princi-
pie the suggestion of the government OF
Hawaii for arbitration and that the
terms and conditions Of such acceptance
would follow by mail.
81 now confirm that telegram and the
object of this instruction is to explain
the nature of the terms and conditions,
an adhesion to which is in the estimation
of the imperial government essential to a
satisfactory issue of the contemplated ar
bitration.
1.-The reason assigned by the minister Of
! foreign affairs of Hawaii in favor of ar
bitratiOn makes it also desirable that the
award when pronounced shall be of the
highest and most commanding character.
Consequently the imperial government
propose that the two governments SHALL
when the proper time arrives, unite in re-
questing that his majesty, the King of
the Belgians, may be pleased to accept
the position of sole arbitrator
The imperial government are, more
over. persuaded of the desirabilitly of ex-
pressly defining the scope of the refer
ence, not only in order to tighten the la
bors of the arbitrator, but with the view
as we'll that the decision may address it
self solely to the actual points Of diver
gnnce.
"We, therefore, propose that the two
governments snail agree to til essential
facts and that the arbitration shall be
limited to specified questions at law and
Tin case the award is in favor of JAPAN
the measure of damages suffered by the
subjects of his imperial majesty.
''It is due to frankness that 1 should,
| in this connection, state that for reasons
which are fully set forth in another in
struction, the imperial government cannot
consent that the question of the bona
fides of the possession of $50 by each Of
the rejected free laborers, or of the ap-
plicability of the treaty of 1871 to the
japanese subjects other than those be-
longing to the merchant class, shall be
regarded as points of issue upon which
the decision of the arbitrator is to be in
vited.
"If the government of the republics are
prepared to meet the imperial goven-
ment upon the foregoing essential points,
it is not apprehended that any difficulty
will be experienced in arriving at an un-
derstanding in reference to questions OF
minor Importance.
"You are consequently directed to COM
municate copy of this instruction to the
minister of foreign affairs, as the reply
Of the imperial government to the sug-
gestion contained in his note of the 2Sth
of June. You will at the same time ur.
gently Impress upon him the Importance
from every point Of view Of an immediate
response. l am, Sir, ETC.. ETC.,
COUNT OKUAIA SHIGENOBU.
Minister for Foreign Affairs.