Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-07-03
SHERMAN TO JAPAN.
Reply 10 Tho Protest Against AHntX.
atien oil Hawaii.
The SECRETARY READS THE LAW


NEW York, July "a special to
the Tribune from Washington gives
the iull text OF Secretary Shermsn's
answer to JspRn's protest against the
annexation Of Hawaii by the United
sIates. After quoting the grounds on
which Japan made It's protest the sec
rotary OF state snys:
"Phis recital is Of itseli proof tlat
your government has misspprehendeI
the statements and assurances COR
lainod la my note, and its relations to
the treaty question involved strongly
suggests confusion between the formal
stipulatiope OF treaties and the veeted
rights which the subjects OF one coun-
try may acquire in another under
treaty OF the law OF the land. Tn Q
principle OF public law whereby tue
existing treaties OF state cease upon
its incorporation into another state is
well DIT iined by Halleck, who says:
"But The obligations OF treaties,even
where some OF their slipulations are
In terms perpetual expire In case
either OF the contrp citing parties loses
its existence as an independent state
or in case its Internal constitution Is
30 changed as to render the treaty H.
applicable to the new condition oil
tnlDge." Continuing the secretary
sAys;
The question concerns the absolute
union u two etstee whereby one ceases
TO exist anu becOm,s mergei In the
bouy pUlitic OF the other. The history
OF Europe, OF America, OF the whole
world, 10 fuil OF examples from re.
mote periods 10 cur own dayt, where
independent states have CEASED to be
such through constrained or voiun.
tary Absorption by another with at,en.
dant extin cliOn VI their former treaties
with either states. 1t needs no stiLu-
lation In a formal annexation treaty
TO work this result, Tor IL attends de
iacto anptxaiion, however accom-.
piisned. Tue fJrcible Incorporation OF
Hanover iplo tho Prufslan kingdom
iBsLsntiy destroyer previous Haa.
ovarian treaties. This admission OF
fexae to statehood in our
Union by Joint resolution
eXtinguishe1 the treaties OF the
inJepeI deaf republic Of i, xas. The
recent Fcench law declaring MAZDA.
gascar to be colony oil France ended
he former treaty Of that Kingdom. Il
is the isct, not ;he manner OF absofp.
ton that determines treaties. 1t doe,
not even ftliUw that the existing
treaties OF tue absorbing state extend
TO tue acquired territory. Ths treaties
Of lue German empire are held 10. ~
apply to the csded Fieach provinces
OF n lsaco aud Lorraine.
"Whnt tue Hawaiian treaty of an
nexatian proposes IL the extension OF
the treaties OF the United States to the
incorp Iated territory to replace the
necessarily extinguished Hawaiian
treaties In order that the guarantees OF
treaty rights to all may be- uBques.
tionable and continuous. To this end
the termination OF the existing trea-
Ties OF Hawaii is recited rs a condition
precedent. The treaty OF annexation
does not abrogaIe thtse Instruments.
Ii is the fact OF Hawaii's ceasing to
exlst as an independent contract that
extinguiehes those contracts,
GAS TO tue vested rights, II any be
established in favor oil Japan ami IN
Japan subjects In Hawaii, the cass Is
different, and repeat that 'thete lie
nothing in the proposed treaty preju.
dicial 10 the rights OF JAPAN
Treaties are termlnable in a variety
OF ways; that OF 1856 between Japao
and Hawaii to wnich your protest is
supposed to relate 10 denounceable by
either party on SIX months notice, but
iIs extinction would DO more extip-
guish vested rights, previously ao-
CURED under its stipulations than the
repeal Of municipal law affects rights
OF tpropsrty vested under Its provis-
ions.
GAS to the point that the maipten.
ance of the statu quo OF Hawaii Is es.
sentiai TO the good understanding Of
tue powers who have interests In the
Pacific, 1t is suflio Client to remark thai
as n TACT; Though lhreequarters OF n
century IN watch the constitution ana
government OF Hawaii anu the
commerce o the Islands with
the world have undergone notable
cha nges, the one essential feature OF
the Status quo has been the pfelomi-
nant anu paramount Influence OF the
United States upon the fortunes OF the
group anu tnat the uBion OF that ISLAM
territory to the Uuiled States often
aud at times taking