The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1897-07-07
SHERMAN TO JAPAN.
r,,u Text of His Answer to Japan'a
Protest
,,,v,T ANNEXATION TO HAWAII.
u,. Secretary Very Politely But Firmly
T,us the laps That They Have
Things Mixed History Full
OF Examples.

{tlI
~ Japans protest against the annexa-
soo Of Hawaii by the United States.
After quoting the grounds on which
I,nan made its protest, the secretary
Of state says
THE JAPs HAVE THINGS MIXED.
This recital is of itself proof that
ronr government has Inexperienced
ho statements and assurances con-
aimed in nv note, and in its relation to
,be treaty question involved, strongly
,nggests confusion between the formal
Limitations of treaties and the vested
rigbts which the subjects Of one coun-
nv nav acquire in another under
,rsatv or the law of the land. The
nripciple of public law whereby the ex-
sting treaties of state cease upon its
Incorporation into another state is well
defined by Halleck, who says:
oRpt the obligation Of treaties, even where
,,me Of the stipulations are in term perpetual
srnire in case c ther of the contracting parties
n,es lis existence as an independent state or
n case its internal constitution is so changed
A to render the treaty inapplicabe to the new
condition Of things.
HISTORY FULL OF EXAMPLES.
Continuing, the secretary says: The
question concerns the absolute union
Of two states, whereby one ceases to
exist and becomes merged in the body
poltic of the other The history of
Europe, America, of the whole world,
Is full of examples from remote periods
to our own days, where independent
states have ceased to be such through
constrained or voluntary absorption
by another, with attendant extinc-
ton Of their former treaties
with other states 1t needs no stipula-
ton in a formal annexation treaty to
work this result, for it attends de facto
annexation, however accomplished.
The forcible incorporation of Hanover
into the Prussian kingdom instantly
destroyed previous Hanoyarian treaties.
The admission of Texas to statehood
in our Union by joint resolu-
ton extingulshed the treaties of
the independent Republic of Texas.
The recent French law declaring
Madagascar to be a colony of France
ended the former treaties of that
kingdom. 1t is fact, not the manner
Of ABSORPTION, that determines treaties,
II does not even follow that the exist
ing treaties of the absorbing state ex-
tend to the acquired territory. The
treaties Of the German empire are held
not to apply to the ceded French prov
inces of Alsace and Lorraine.
What the Hawaiian treaty of annexa-
ton proposes is the extension of the
treaties Of the United States to the in
Corporated territory to replace neces-
sarily extinguished Hawaiian treat
les in order that the guaran-
tees of treaty rights to all
may be unques tionable and con
tinuous To this end the termination
Of the existing treaties of Hawaii is
recited as a condition precedent. The
treaty Of annextion does not abrogate
those instruments. 1t is the fact of
Hawaii's ceasing to exist as an indie
pendent contractant that extinguishes
those contracts.
VESTED RIGHTS.
"As to the vested rights, If any be es-
tabhshed in favor of Japan or Japa-
nese subjects in Hawaii, the case is
different and l repeat that there is
nothing in the proposed treaty prejudi-
cla to the rights of Japan.
Treaties are terminable in variety
Of ways That of 1855 between japan
and Hawaii, to which your protest is
supposed to relate, is denouneeable by
either party OH six months notice, but
us extension would no more extinguish
Vested rights previously acquired un-
DER its stipulations than the repeal OF
municipal law affects right of prop
erty vested under its provisions.
THE STATUS QUO.
"As to the point that the mainte-
nance of the status quo of Hawaii is es-
Sental to the good understanding OF
.he powers which have interests in the
rsclfc, it is sufficient to remark that,
as fact, through three quarters of a
century, in which the constitution and
government of Hawaii and the
commerce of the islands with
'ne world have undergone notable
cIhanges the one essential feature OF
'ne status quo has been the predomi-
nant and paramount influence of the
United States upon the fortunes of the
group, and that the union of thai
hland territory to the United States
oi'en forshadowed, and at times TAX
ing tangible shape, has been recog
1i1ed as a necessary contingency
urawlng nearer year by yeai
WIN the passage of events
iour years ago, when similar
PROJECT of annexation followed the
hawaiian revolution, the occasion for
maintaining the status quo was not
even suggested by any power having
interest in the Pacific. This govern
Ient can not be expected to pro
.Iain or admit that any suef
U0easlon has arisen-just a
~ can neither intend nor admit thai
Ile projected more perfect union o
laWaii TO the United States, by which
'ue progressive policies and dependen
Ssssociations of some 20 years hav'
'uelr destined elimination, can injur'
auy legitimate interests of other pow
.ls In the Pacific. That it will tend t
s.Iengthen, develope and perPetu
s s'e all such commonly beneficial inter
''s Is on the contrary, to be expected
Welcome ITS FRANK AND FRIEEDL'
SPIRIT.
- thus reviewing the protest yo'
present. It gives me pleasure to say tina
welcome its frank and friendly spirit