The herald., 1897-07-04
RIGHT OBTAINED BY TREATY
CEASES WITH THE EXTINCTION
OF THE STATE
A Friendly but Forcible Insistence
Upon the Right to Annex
the Hawaiian Islands
Associated Press Special Wire.


Tribune from Washington gives the full
text of Secretary Of State Sherman's
answer to Japan's protest against the
annexation of Hawaii by the United
States. After quoting the grounds on
which Japan made its protest, the Sec
retary of State says: "This recital is
of itself proof that your government
has misapprel1snded the statements and
assurances contained in my note and in
its relation to the treaty question in
volved, strongly suggests confusion be-
tween the formal stipulations of treat
les and the vested rights which the sub
jects of one country may acquire in
another Under treaty or by the law of
the lahd:' The principle of public law
whereby the existing treaties of State
cease upon its Incorporation into anoth-
er State Is well defined by Halleck, who
says: But the obligations of treaties,
even where some of their stipulations
are In terms perpetual, expire in case
either Of the contracting parties loses
Its existence as an Independent State,
or in case its internal constitution is so
changed as to render the treaty inap-
plicable to the new condition Of
things" &
Continuing, the Secretary says: 1.-THE
case concerns the absolute union Of two
States whereby one ceases to exist and
becomes merged into the body polite of
the other. The history of Europe, of
America, of the whole world. is full
of examples from remote periods to
Il xx-1,a ;nI 40 danf 20 "a
have ceased to be such through con-
strained or voluntary absorption by
another with attendant extinction of
their former treaties with other States.
1t needs no stipulation in formal an
nexation treaty to work this result, for
it attends de facto annexation, however
accomplished. The forcible incorpora-
ton of Hanover. into the Prussian king
dom instantly destroyed previous Han
overian treaties. The admission of Tex
as to statehood in our Union by joint
resolution ,extinguished the treaties of
the independent republic Of Texas. The
recent French law declaring Madagas-
car to be colony of France ended the
former treaties of that kingdom. 1t is
the fact, not the manner, of absorption
that determines treaties. 1t does not
leven follow that the existing treaties of
the absorbing State extend to the ac-
ouired territory. The treaties of the
German empire are held not to apply to
the ceded 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
corporated territory, to replace the nee
essarily extinguished Hawaiian treaties,
in order that the guarantees of treaty
rights to all may be unquestionable and
continuous. To this end the termina-
ton of the existing treaties Of Hawaii
is recited as a condition precedent. The
treaty of annexation does not abrogate
those Instruments. 1t Is the fact of
Hawairs ceasing to exist as an inde-
pendent contractor that extinguishes
those contracts.
"As to the vested rights, if any be es-
tablished in favor of Japan and of Jap
,, anese subjects in Hawaii, the case is Diff
ferent, and repeat that there is moth
ing in the proposed treaty prejudicial
to the rights of Japan
Treaties are terminable in a variety
of ways; that of 1886 between Japan and
Hawaii, to which your protest is sup
posed to relate, is renounceable by either
party on six months notice, but its ex-
tinction would no more extinguish vest
ed rights previously acquired under it's
stipulations than the repeal of a munic-
ipal law affects the rights of property
vested under its provisions.
"As to the point that the mainten-
ance of the statu quo Of Hawaii is es-
sential to the good understanding Of the
powers which have interests in the Pa
cific,' 1t is sufficient to remark that, as a
fact, through three-quarters of a CEN
tury in which the constitution and gov
ernment of Hawaii and the commerce of
the Islands with the world have under
gone notable changes, the one essential
feature of the statu quo has been the
prominent and paramount influence Of
the United States upon the fortunes Of
the group, and that the union of that
island territory to the United States,
often foreshadowed and at times taking
tangible shape, has been recognized as a
necessary contingency, drawing nearer
year by year with the passage of events.
Four years ago, when a similar project
of annexation followed the Hawaiian
revolution, the occasion for maintain
ing the statu quo was not even sug-
gested by any power having interests
in the Pacific. This government cannot
be expected to proclaim or admit that
any such occasion has since arisen
just as 1t can neither intend nor admit
that the projected more perfect union
Of Hawaii to the United States, by
which the progressive policies and de-
pendent associations of some seventy
years have their destined elimination,
can injure any legitimate interests of
other powers. in the Pacific. That it will
tend to strengthen, develop and perpet-
uate such commonly beneficial interests
is, on the contrary, to be expected.
"In thus reviewing the protest you
present, 1t gives me pleasure to say that
this government welcomes its frank and
friendly spirit. So far as you take oc-
casion to deny what you aptly call the
mischievous suggestion or report that
Japan has designs against the integ-
rity or sovereignty of Hawaii, I am
glad to assure you that such denial was
entirely unnecessary. inasmuch as this
government has not doubted and can
not for an instant doubt the sincerity
and friendliness of Japan in all that con-
Germs her relations to the United States
and to the Hawaiian Islands"